WQCS00223_NOV and Intent to Assess_20181113

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Interim Director
Certified Mail# 7015-0640-0005-8164-0100
Return Receipt Requested RECEBVED/DENR/DWR
November 13, 2018 JAN 02 2019
Water Resources
John L. Gray, Interim Town Manager Permitting Section
Town of Denton
P.O. Box 306
Denton,NC 27239-0306
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00223
Town of Denton
Denton Collection System
Case No. DV-2018-0071
Davidson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$630.72
($500.00 civil penalty+ $130.72 enforcement costs) against the Town of Denton.
This assessment is based upon the following facts: A review has been conducted of the Sanitary
Sewer Overflow(SSO) 5-day reports submitted by the Town of Denton for the month of August
2018. This review has shown the subject facility to be in violation of the requirements found in
Collection system Permit WQCS00223 and G.S. 143-215.1(a)(1). The violations,which occurred
in August 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Town of Denton violated the
terms, conditions or requirements Of Collection System Permit No. WQCS00223 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
D_E
NORTH CAROLINA
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North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 Hanes Mill Road,Suite 300 I Winston-Salem,North Carolina 27103
336.776.9800

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Division of Water Resources, I, Sherri V. Knight, Regional Supervisor, Winston-Salem Regional
Office, hereby make the following civil penalty assessment against the Town of Denton:
$500.00 For 3 of 3 violations of Collection System Permit No. WQCS00223 and G.S.
143-215.1(a)(1) for Sanitary Sewer Overflow(s)resulting in a discharge without a
valid permit in August 2018.
$500.00 TOTAL CIVIL PENALTY
$130.72 Enforcement Costs
$630.72 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:
Deborah Gore
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
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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 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: _
Deborah Gore
PERCS Unit
Division of Water Resources
1617 Mail Service Center •
Raleigh,North Carolina 27699-1617
AND
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Sherri V.Knight,Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ
450 West Hanes Mill Road, Suite 300
Winston-Salem,NC 27105-9135
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 maybe 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.
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If you have any questions, please contact Ron Boone with the Division of Water Resources staff
of the Winston-Salem Regional Office at(336) 776-9690 or via email at [e-mail].
Sincerely,
Sherri V. Knight, P.E., Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS:
1. Justification for Remission Request Form
2. Waiver of Right to an Administrative Hearing and Stipulation of Facts Form
3. Attachment A Summary of Violations
Cc: WQS Winston-Salem Regional Office—Enforcement File
DWR P_ERCS-Unit=Enforcement-File_i
Central Files
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2018-0071 County: Davidson
Assessed Party: Town of Denton
Permit No.: WQCS00223 Amount Assessed: $630.72
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 (Le., 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:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DAVIDSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADIVIINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Denton )
Denton Collection System )
)
PERMIT NO. WQCS00223 ) CASE NO. DV-2018-0071
Having been assessed civil penalties totaling $630.72 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated November 13,2018,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
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ATTACHMENT A
Town of Denton
CASE NUMBER: DV-2018-0071
PERMIT NO: WQCS00223 REGION: Winston-Salem
FACILITY: Denton Collection System COUNTY: Davidson
Other Violations
INCIDENT VIOLATION VIOLATION TYPE VIOLATION TOTAL PENALTY
NUMBER DATE - DESCRIPTION VOLUME AMOUNT
(GALLONS)
201801283 8/12/2018 CSO/SSO(Sewer Discharge without 8,800 $125.00
Overflow) valid permit
201801284 8/12/2018 CSO/SSO(Sewer Discharge without 8,800 $125.00
Overflow) valid permit
201801286 8/12/2018 CSO/SSO(Sewer Discharge without 10,000 $250.00
Overflow) valid permit
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DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Town of Denton -
Facility Name: Denton Collection System
Permit Number: WOCS00223
County: Davidson
Case Number: DV-2018-0071
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;
Minimal to State's natural resources;none known to public health or private property.
2) The duration and gravity of the violation;
The duration of each of the SSOs was: 201801283=150 minutes;201801284=150 minutes; and 201801286=360
minutes. The duration of each SSO is minimal when considering the duration and severity of the weather event .
(Hurricane Florence)during which the SSOs occurred.
3) The effect on ground or surface water quantity or quality or on air quality;
The were no known effects on ground water or air quality,no known effects on ground and surface water quantity,
and minimal effect on surface water quality.
4) The cost of rectifying the damage;
No known damage was reported or recorded.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown but is that which the permittee would have had to expend to avert the
violations.
6) Whether the violation was committed willfully or intentionally;
It is not alleged that any of the violations were 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
This permittee has a significant SSO history with inflow and infiltration being the primary crux of the problem.
The town has been working to correct their issues for several years now and are still experiencing trouble.It may
be prudent for DWR to become More involved at this time.
8) The cost to the State of the enforcement procedures.
$127.68
, - V. t
Date Sherri V.Knight,P.E, egional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ
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