WQCS00072_DV-2018-0007_20180122

i ROY COOPER
F ti Goi "201¢
MICHAEL, S_ REGAN
SecretccPv
Water Resources LL'�TD .A. CULPEPPER
Certified Mail 9 7013 2630 0002 1133 9533
Return Receipt Requested
January 22, 2018
Darren L Currie
City of Whiteville
PO Box 607
Whiteville, NC 28472-0607
RECEIVED/DENIR/01l R
SUBJECT. Notice of Violation and Assessment of Civil Penalty FEB
for Violations of North Carolina General Statute (G S ) 143-215 1(a)(6) ����
and Collection System Permit No WQCS00072 Water Resources
City of Whiteville Permitting SectIon
Whiteville Collection System
Case No DV-2018-0007
Columbus County
Dear Permittee
This letter transmits a Notice of Violation and assessment of civil_ penalty in the amount of $637 75 ($500 00 civil penalty +
$137 75 enforcement costs) against City of Whiteville
This assessment is based upon the following facts. a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Whiteville. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No WQCS00072 and G S 143-215 1(a)(1). The violation(s) that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Whiteville violated the terms, conditions or
requirements of Collection System Permit No WQCS00072 and G S 143-215 1(a)(1) in the manner and extent shown in
Attachment A In accordance with the maximums established by G S. 143-215 6A(a)(2), a civil penalty may be assessed
against any person who violates the terms, conditions or requirements of a permit required by G S 143-215 1(a)
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Morella Sanchez King,
Acting Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against City of
Whiteville-
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

$500 00 For 1 of the 1 violations of Collection System Permit No WQCS00072 and G S 143-215 1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit
$500.00 TOTAL CIVIL PENALTY
$137 75 Enforcement Costs
$637 75 TOTAL AMOUNT DUE
Pursuant to G S 143-215 6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G S 143B-282 1(b), which are
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation,
(2) The duration and gravity of the violation,
(3) The effect on ground or surface water quantity or quality or on air quality,
(4) The cost of rectifying the damage,
(5) The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally,
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority, and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form)- Payment -of the penalty will not foreclose further enforcement action for any continuing or new violation(s)
Please submit payment to the attention of
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option3: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below
In determining whether a remission request will be approved, the following factors shall be considered
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282 1(b) was wrongfully
applied to the detriment of the petitioner,
(2) whether the violator promptly abated continuing environmental damage resulting from the violation,
(3) whether the violation was inadvertent or a result of an accident,
(4) whether the violator had been assessed civil penalties for any previous violations, or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions
Please note that all evidence presented in support of your request for remission must be submitted in writing The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee) Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing and Stimulation of Facts" form within thirty 30) days of receipt of this
notice The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Morella Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
127 Cardinal Drive Extension
North Carolina 28405

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing You may obtain the petition form from the Office of Administrative Hearings You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8.00 a m and 5:00 p m , except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23 2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows-
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel [phone]
Fax [phone]
One (1) copy of the petition must also be served on DEQ as follows
Mr William F Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil -action - Please be -advised that additional penalties may be assessed foF violations- -
that occur after the review period of this assessment
If you have any questions, please contact Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at; dean hunkele@ncdenr gov
Sincerely,
Morella e King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc WQS Wilmington Regional Office - Enforcement File
PERCS Unit - Enforcement File

Case Number: DV-2018-0007
JUSTIFICATION FOR REMISSION REQUEST
County: Columbus
Assessed Party: City of Whiteville
Permit No.: WQCS00072 Amount Assessed: $637 75
Please use this form when requesting remission of this civil penalty You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document Pursuant to N C G S § 143B-282 1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed)
(a) one or more of the civil penalty assessment factors in N C.G S 143B-282 l(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i e , explain the
steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (z e , explain why the violation was unavoidable or
something you could not prevent or prepare for),
(d) the violator had not been assessed civil penalties for any previous violations,
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i e , explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

ia
STATE OF NORTH CAROLINA j DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF COLUMBUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Whiteville )
Whiteville Collection System )
PERMIT NO WQCS00072 ) CASE NO. DV-2018-0007
Having been assessed civil penalties totaling $637 75 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 22, 2018, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of , 20
I
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Whiteville
CASE NUMBER: DV-2018-0007
PERMIT NO: WQCS00072 REGION: Wilmington
FACILITY: Whiteville Collection System COUNTY: Columbus
Other Violations
INCIDENT
VIOLATION
TOTAL VOLUME
PENALTY
NUMBER
DATE VIOLATION TYPE
VIOLATION DESCRIPTION (GALLONS)
AMOUNT
201701353 8/30/2017 CSO/SSO(Sewer Overflow) Discharge without valid permit 10,000 $500 00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Whiteville
Facility Name: Whiteville Collection System
Permit Number: WOCS00072
County: Columbus
Case Number: DV-2018-0007
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
The degree and extent of harm has not been quantified, however, the discharge of untreated wastewater can lead to
degradation of the receiving stream (eutrophication, oxygen depletion, harmful effects on aquatic life, etc.) and can pose a
serious public health threat.
2) The duration and gravity of the violation;
The SSO resulted in the discharge of approximately 10,000 gallons of untreated domestic wastewater, with approximately
100 gallons reaching surface waters It is estimated that the discharge lasted —240 min.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on ground or surface water quantity or quality has not been evaluated
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was committed willfully or intentionally. It seems that the incident was caused by
vandalism
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The facility does not have enforcement actions in the preceding 12-month period
8) The cost to the State of the enforcement procedures.
$137.75
Date Morella Sance%lb-n , cting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

State of North Carolina
Department of Environment and Natural Resources
DWR Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Division of Water Resources Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWR Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO)
Permit Number WQCS00072 (WQCS# if active, otherwise use WQCSD#) ,-Q n 00 53
Facility. Whiteville Collection System Incident # 01 Owner City of Whiteville
Region: Wilmington City Whiteville County- Columbus
Source of SSO (check applicable). ® Sanitary Sewer ❑ Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i e Pump
Station 6, Manhole at Westall & Bragg Street, etc) Manholes along the Mollies Branch interceptor
Manhole # betwen 194 193
Latitude (degrees/minute/second) Longitude (degrees/minute/second)
Incident Started Dt N/A Time N/A. Incident End Dt' 8/30/17 Time 4.00a m
(mm-dd-yyyy) (hh mm) AM/PM (mm-dd-yyyy) (hh mm) AM/PM
Estimated volume of the SSO: 10,000+/- gallons Estimated Duration (round to nearest hour)- 12 hour(s)
Describe how the volume was determined: By normal flow rate
Weather conditions during the SSO event- Sever rain
Did the SSO reach surface waters? ❑ Yes ❑ No ® Unknown
Volume reaching surface waters gallons Surface water name
Did the SSO result in a fish kill? ❑ Yes ❑ No ® Unknown
If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO
❑Severe Natural Conditions ❑ Grease
❑Pump Station Equipment Failure ❑ Power Outage
[]Other (Please explain in Part II)
❑Roots ❑Inflow & Infiltration
®Vandalism ❑ Debris in line ❑Pipe Failure (Break)
24-hour verbal notification (name of person contacted). Helen Perez
❑DWR ❑Emergency Management Date (mm-dd-yyy) 8/30/17 Time (hh•mm AM/PM) 12.30p in.
Per G.S 143-2151 C(b), the owner or operator of any wastewater collection system shall
In the event of a discharge of 1,000 gallons or more of untreated wastewater to the surface waters of the State, issue
a press release to all print and electronic news media that provide general coverage in the county where the
discharge occurred setting out the details of the discharge The press release shall be issued within 24 hours after
the owner or operator has determined that the discharge has reached surface waters of the State
In the event of a discharge of 15,000 gallons or more of untreated wastewater to the surface waters of the State,
publish a notice of the discharge in a newspaper having general circulation in the county in which the discharge
occurs and in each county downstream from the point of discharge that is significantly affected by the discharge The
Regional Office shall determine which counties are significantly affected by the discharge and shall approve the form
and content of the notice and the newspapers in which the notice is published.
WHETHER OF NOT PART II IS COMPLETED A SIGNATURE IS REQUIRED SEE PAGE 13
Form CS-SSO Page 1

t
Vandalism
Provide police report number 2017-1146
Was the site secured? ❑ Yes ® No ❑NA ❑ NE
If Yes, how9
Have there been previous problems with vandalism at the SSO location? No
If Yes, explain -
What secunty measures have been put in place to prevent similar ❑ Yes ❑ No ®NA ❑ NE
occurrences in the future?
Comments
t
Form CS-SSO Page 9

System Visitation
ORC
Backup
Name Travis Faulk
Certification Number 995814
Date visited Daily
Time visited 8hrs per day
How was the SSO remediated (i /e Stopped and cleaned up)?
Contractors and by-pass pumps were utilized.
® Yes
❑ Yes
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge
Person submitting claim Travis Faulk Date: 8/30/17
Signature -
Telephone Number [phone]
Title
Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five
business days of first knowledge of the SSO with reference to the incident number (the incident number is only generated
when electronic entry of this form is completed, if used)
Form CS-SSO Page 13

E

J
�s
Water Resources
ENWRONMENTAY caUALRTr
RETURN RECEIPT REQUESTED
December 08, 2017
Darren L Currie
City of Whiteville
PO Box 607
Whiteville, NC 28472-0607
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
TraccMng No.: NOV-2017-DV-0307
Sanitary Sewer Overflows - August 2017
Collection System Permit No. WQCS00072
Whiteville Collection System
Columbus County
Dear Permittee:
ROI COOPER
14i=AEL S_ REGAN
secrido-V
LLNI7A CLILPEPPER
1 deri Ora Digc:,a-
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Whiteville The Division's Wilmington Regional Office concludes that the City of Whiteville violated Permit
Condition I (2) of Permit No. WQCS00072 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Wilmington Regional Office is providing the -City of Whiteville an opportunity to provide evidence and
justification as to why the City of Whiteville should not be assessed a civil penalty for the violation(s) that are
summarized below:
Total Vol
Total
Surface
Incident Start Duration
Vol
Water
Number Date (Mins) Location Cause
(Gals)
(Gals) DlWR Action
201701353 8/30/2017 240 Along Mollie Branch Other, Vandalism
10,000
100 Notice of Violation
Interceptor, between
manhole #193 and
#194 at 601 West
Lewis St
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation , Pursuant
to G.S 143-215 6A, a civil penalty of not more than twenty-five thousand dollars ($25,000 00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any ='
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance
If you have any questions, please do not hesitate to contact Dean Hunkele with the Water Quality Section in the
Wilmington Regional Office at 910-796-7215 or via email at [e-mail].
Sincerely,
Morella Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: - Wilmington Regional Office - WQS File - '
Central Files, Water Quality Section
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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