WQCS00004_Enforcement - Letters_20180423

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT - (FILE)
Violator: Metropolitan Sewerage District of Buncombe County North Carolina
Facility Name: MSD Buncombe County Collection System
Permit Number: WOCS00004
County: Buncombe
Case Number: DV -2018-0035
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; All SSO's may be detrimental to the environment but may not be
immediately quantified.
2) The duration and gravity of the violation; The duration and gravity to the waterbody is unknown.
However, no fish kill was reported.
3) The effect on ground or surface water quantity or quality or on air quality;
All SSO's may be detrimental to the environment but may not be immediately quantified.
4) The cost of rectifying the damage; New bar screen installation underway.
-$9 million improvement cost. Sewer lining currently underway. -$5 million improvement cost. Surveyed for design, a
relief interceptor to abate overflows along this line. -$34 million improvement cost.
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; It does not appear to be either.
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
Last enforcement for this permit number was DV -2013-0026
8) The cost to the State of the enforcement procedures.
$122.97
DocuSigned by:
4/24/2018 Epr- �
7E617A38285848C...
Date G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

F
Waren Resources
ENWROMME"TAL 4UALITY
Certified Mail # 70091680 0000 7515 5817
Return Receipt Requested
April 23, 2018
Thomas E Hartye, PE
Metropolitan Sewerage District of Buncombe County North Carolina
2028 Riverside Dr.
Asheville, NC 28804-3054
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6)
and Collection System Permit No. WQCS00004
Metropolitan Sewerage District of Buncombe County North Carolina
MSD Buncombe County Collection System
Case No. DV -2018-0035
Buncombe County
Dear Permittee:
ROY COOPER
CTM-ernar
MICHAEL S_ REGAIN
Secrd
LDgDA CLTLPEPPER
bderim Dlreewr
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,972.97 ($2,850.00 civil penalty
+ $122.97 enforcement costs) against Metropolitan Sewerage District of Buncombe County North Carolina.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5 -Day Report submitted by Metropolitan Sewerage District of Buncombe County North Carolina. This review has shown
the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00004 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 Metropolitan Sewerage District of Buncombe County North
Carolina violated the terms, conditions or requirements of Collection System Permit No. WQCS00004 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, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against
Metropolitan Sewerage District of Buncombe County North Carolina:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-296-4500

$2,850.00 For 4 of the 4 violations of Collection System Permit No. WQCS00004 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$2,850.00 TOTAL CIVIL PENALTY
122.97 Enforcement Costs
$2,972.97 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. I (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

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 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 Stipulation of Facts" form within thir1,(30) dgys 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
AND
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
2090 U.S. 70 Highway
Swannanoa, NC 28778

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 for violations
that occur after the review period of this assessment.
If you have any questions, please contact Linda Wiggs with the Division of Water Resources staff of the Asheville Regional
Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office — Server, Laserfiche
PERCS Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV -2018-0035 County: Buncombe
Assessed Party: Metropolitan Sewerage District of Buncombe County North Carolina
Permit No.: WQCS00004 Amount Assessed: $2,972.97
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 -282.1(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
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
Metropolitan Sewerage District of Buncombe County)
North Carolina )
MSD Buncombe County Collection System )
PERMIT NO. WQCS00004
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV -2018-0035
Having been assessed civil penalties totaling $2,972.97 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated April 23, 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
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Metropolitan Sewerage District of Buncombe County
DV -2018-0035
North Carolina
CASE NUMBER:
PERMIT NO:
WQCS00004
REGION: Asheville
FACILITY:
MSD Buncombe County Collection System
COUNTY: Buncombe
Other Violations
INCIDENT
VIOLATION
TOTAL VOLUME
PENALTY
NUMBER
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
201800185
2/4/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
20,000
$1,000.00
201800238
2/11/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
5,400
$750.00
201800315
2/20/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
850
$350.00
201800324
2/22/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
2,541
$750.00