WQCS00002_DV-2018-0009_20180206

WaterResources
ENWONMENTAL QUACarY
Certified Mail # 7016 3560 0000 4428 2897
Return Receipt Requested
February 6, 2018
Robert Massengill
City of Raleigh Public Utilities
PO Box 590
ROY COOPER
Gove"Zor
TNUCHAEL S_ REt; AN
t ef7C'rC'-V
LINDA CULPEPPER
RECEIVEDIDENROWR
FEB o 7 2018
Raleigh, NC 27602-0590
Water Resources
PerMitting Section
SUBJECT Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G S ) 143-215 1(a)(1)
and Collection System Permit No WQCS00002
City of Raleigh
Raleigh Collection System
Case No DV -2018-0009 (Nov -20170 -Dv -0276)
Wake County
Dear Mr Massengill
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,537 90 ($2,500 00 civil penalty
+ $37 90 enforcement costs) against City of Raleigh
This assessment is based upon the following facts a review has been conducted of the Sanitary Sewer Overflow (SSO) and
5 -Day Reports submitted by City of Raleigh This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No WQCS00002 and G S 143-215 1(a)(1) The violation(s) that occurred for which you
are being penalized for are listed in Attachment A to this letter
Based upon the above facts, I conclude as a matter of law that City of Raleigh violated the terms, conditions or
requirements of Collection System Permit No WQCS00002 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) and (a)(6), a civil penalty may be
assessed by the Commission against any person who violates the terns, 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, Danny Srmth, Regional
Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Raleigh
State of Noith Caiohna I Environmental Quality I Water Resources
1628 Mail Service Centel, Raleigh, NC 27699-1628
919-791-4200

$2,50000 For violation of Collection System Permit No WQCS00002 and G S 143-215 1(a)(1)
$2,500 00 TOTAL CIVIL PENALTY
$3790 Enforcement Costs
$2,537 90 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 ef_ect on ground or surface water quan-ity or quality or on air quality,
(4) The ccst of rectifying the damage,
(5) The amount of money saved by noncompliance,
(6) Whether the violation was comrmtted willf_illy or intentionally,
(7) The prior record of the violator in complying or farting to comply with programs over which the Environmental
Management Comnussion has regulatory authority, and
(8) The cost to the State of the enforcement procedures
Within thirty (3 0) 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) Subin_t 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 Marl Servize Center
Raleigh, North Carolina 27699-1617

Option 2: 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 rerrussion 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 renussion 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 Comrrussion'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 Stipulation 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 Marl Service Center
Raleigh, North Carolina 27699-1617
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

}
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 Adrnimstrative Hearings during normal office hours The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8 00 a in 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 Adn mistrative 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) cope 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 for violations
that occur after the review period of this assessment
If you have any questions, please contact Jason Robinson with the Division of Water Resources staff of the Raleigh
Regional Offico at O - or via email at Jason T Robinson@ncdenr gov
S erely,
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
DWR Central Files
T J Lynch, PE — Assistant Director of Wastewater Operations PO Box 590, Raleigh, NC 27602

Case Number: DV -2018-0009
Assessed Party: City of Raleigh
Permit No.: WQCS00002
JUSTIFICATION FOR REMISSION REQUEST
County: Wake
Amount Assessed: $2,537 90
Please use this form when requesting remission of this civil penalty You must also complete the "Request For Remission,
GVaiver 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 § 14313-282 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 14313-282 1(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 (i 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Raleigh )
Raleigh Collection System )
PERMIT NO WQCS00002 ) CASE NO. DV -2018-0009
Having been assessed civil penalties totaling $2,537 90 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 6, 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 renussion request will be allowed after (30) days
from the receipt of the notice of assessment
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Raleigh
CASE NUMBER: DV -2018-0009
PERMIT NO: WQCS00002 REGION: Raleigh
FACILITY: Raleigh Collection System COUNTY: Wake
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
201701175
7/15/2017
CSO/SSO(Sewer Overflow)
Discharge without valid permit
300,000
$2,50000
201701277
8/12/2017
CSO/SSO(Sewer Overflow)
Discharge without valid permit
13,500
$000
201701397
9/11/2017
CSO/SSO(Sewer Overflow)
Discharge without valid permit
2,250
$000
201701486
9/25/2017
CSO/SSO(Sewer Overflow)
Discharge without valid permit
251,100
$000
Incident
Number
Start
Date
Duration
(Mins) Location
Total
Vol
Cause (Gals)
Total Vol
Surface
Water
(Gals)
DWR Action
201701175
7/15/2017
1,292 1400 W Millbrook Rd
Pipe Failure (Break) 300,000
300,000
Notice of Violation -
Intent to Enforce
201701194
7/18/2017
125 5014 Sedgewick Drive
Debris in line, Grease 625
625
BPI—No Further Action
201701277
8/12/2017
270 8015 Spiderlily Ct,
Zebulon
Other 13,500
13,500
Notice of Violation
20101397
9/11/2017
30 1330 St Mary's St.
Debris in line 2,250
2,250
Notice of Violation
20101486
9/15/2017
16,740 6411 Farm Gate Rd
Other 251,100
251,100
Notice of Violation
Intent to Enforce