WQCS00048_Enforcement (Letter)_20190122

ROY COOPER
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,MICI tAEL S. REGAN
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LINDA CULPEPPER
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NC;77-- '-4'4L:L f.a
Environmental Qualify
Certified Mail # 7017 0190 0000 9562 8791
Return Receipt Requested
January 22, 2019
Thomas S Warren, Jr., Assistant City Manager
City of Roxboro
PO Bar- 128
Roxboro, NC 27573-0128
SUBJECT: Notice of Violation and Assessment ofCi,.il Penalty
for Violations of North Carolina General Statute (G.S.) 1 13-215.1(a)(] )
and Collection System Permit No. WQCS00048
City of Roxboro
Roxboro Collection System
Case No, DV-2019-0005
Person County
Dear Mr. Warren:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S1,532.36 (Si,500.00 civil penalty
+ S32.36 enforcement costs) against City of Roxboro.
This assessment is based upon the following facts: a recic% has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report and other information submitted by the City of Roxboro. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCS00048 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 Roxboro violated the terms, conditions or
requirements of Collection System Permit No. WQCS00048 and G.S. 1 43-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-2 1 5.6A(a)(2) and (a)(6), a civil penalty may be
assessed by the Commission against any person who %iolates the terms. conditions or requirements of permit required by G.S.
143-2 13. 1 (a).
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Based upon the above findings of fact and conclusions of I %v, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Di,. ision of Water Resources, 1, Rick
Bolich, L.G., Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment
against the City of Roxboro:
S1,500.00 For violation(s) of Collection System Permit No. WQCS00048.
S1,500.00 TOTAL CIVIL PENALTY
S32.36 Enforcement Costs
S 1,532.36 TOTAL AMOUNT DUE
Pursuant to G.S. I q3-215.6A(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. 1 4313-282.1(b), which are:
(1) The degree and extent of hann 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) NVhether 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
iVlanagement 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 uruiver
f n-in). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
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 Iive 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 ofany 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
a-reement 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-2S2.I (b) «vas wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darnage 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 prc�rent payment for the remamin+g 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 Cn ironmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider infortnation that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorouoh statement in support of your request for remission.
In order to re uest remission you must cam lets and submit the enclosed "Rcguost_for Remission of Civil Penalties,
Waiver of Rig=lit to an Administrative I-iearingand Stipulation of facts" form within thin 30 days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission ReMilest."
Both forms should be submitted to the following address:
Attn: PGRCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Rick Bolieh, L.G,, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDGQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-I623

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 S-00 a.m. and 5:00 p.m., except for official state
holidays. The petition maybe filed by facsimile (flax) or electronic mail by an attached file (%vith restrictions) - provided
the signed original, one(]) 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
Ralciah, NC 27699 6714
Tel: [phone]
Far: [phone]
One (1) copy of the petition must also be served on DLQ 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 c� idenccd by an internal
dateitime 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 Mitchell Hayes with the Division of Water Resources staff of the Raleig1
Regional Office at [phone] or via email at tnitch.hayesi, i ncdenr.gov_
Sincerely,
Rick Bolich, I-.G,, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigli Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement file
PERCS Compliance;:Enforcement Unit - Enforcement File
Central Files
Andrew Oakley: PO Box 128, Roxboro, NC 27573

JUSTIFICATION FOR REMISSION REQUES-T
Case Number: DV-2019-0005
Assessed Party: City of Roxboro
Permit No.: WQCS00048
County: Person
Amount Assessed: SIS1 532.36
Please use this form when requesting remission of this civil penalty. You must also complete the `Request For Remission,
[Vaiver of Right to an t1thninistrutive Hearing, cnrd Stipulation of Facts "forth 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. § 1=4313-282.1(c), remission of 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 pa+=es as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 1=43f3-282.I(b) were wrongfully applied to the
detriment of the petitioner (the} asscsslttc°n1 f ic•tors cir•c listed in the Civil pOuilty (_sscssuiVrit doc'tuuertt);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e_ explain thV
steps that.you took to correct the violation and prevent fiuure oc•currenccs);
(c) the violation was inadvertent or a result of an accident (Le- explain u•hv the violation was uircivoidcihlc or
something,vou 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., ewplain
how pcivment of'the civil penalty ti+'ill pr avant you fi olir perfi�rntirig the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTI I CAROLINA
COUNTY OF PERSON
IN THE MATTER OF ASS[=SSivlFNT
OF CIVIL PENALTIES AGAINST
City- of Roxboro
Roxboro Collection System
PERMIT NO. WQCS00048
DEPARTMENT OF ENVIRONMENTAL QUALIFY
WAIVER OF RIGHT TO AN
ADi<IINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. D%'-2019-0005
Flavin_ been assessed civil penalties totaling S1.532.36 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 22, 2019, the undersigncd, 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 «-ill 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 Roxboro
CASE NUMBER: DV-2019-0005
PERMIT NO:
WOCS00048
REGION: Raleigh
FACILITY:
Roxboro Collection System
COUNTY: Person
Other Violations
INCIDENT
VIOLATION
TOTAL VOLUME
NUMBER
DATE VIOLATION TYPE
VIOLATION DESCRIPTION
(GALLONS)
201801384
8/27/2018 CSOISSO(Sewer Overflow)
Discharge without valid permit
76,200
Incident Start Duration
Number Date (Mins) Location
201801384 08/27/2018 3780 Behind 225 South
Madison Blvd.
PENALTY
AMOUNT
$1, 500.00
Total Vol
Total
Surface
Vol
Water
Cause (Gals)
(Gals) DWR Action
Pipe Failure 76,200
76,200 Notice of Violation
Notice of Intent