WQCS00193_Enforcement (Letter)_20190122

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ROY COOPER
MICHAEL S. REGAN
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LINDACULPEPPER
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Certified Mail # 7017 0190 0000 9562 8784
Return Receipt Reauested
January 22, 2019
Adam Mitchell, Town Manager
Town of Fuquay-Varina
401 Old Honeycutt Rd
Fuquay Varina, NC 27526
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-2 t 5. l (a)(1)
and Collection System Permit No. WQCS00193
Town of Fuquay-Varina
Fuquay-Varina Collection System
Case No. DV-2019-0004
Wake County
Dear Mr. Mitchell:
This letter transmits a Notice of Violation and assessment ofcivil penalty in the amount of S1,032.36 ($1,000.00 civil penalty
+ S32.36 enforcement costs) against Town of Fuquay-Varina.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report and information provided by Town of Fuquay-Varina. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCS00193 and G.S. 143-215.1(a)(1). The �, iolation
that occurred is summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of Ian• that Town of Fuquay-Varina violated the terms, conditions or
requirements of Collection System Permit No. WQCS00193 and G.S. 143-215.1(a)(I) 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 against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
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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, 1, Rick
Bolich, L.G., Assistant Regional Supervisor, Raleigh Regional Office hereby make the following; civil penalty assessment
against the Town of Fuquay-Varina:
S1,000,00 For I of the I violation of Collection System Pen -nit No. WQCS00193 and G.S. t43-216.1(a)(1) for
Sanitary Sewer Overflow resulting in a discharge without a valid permit.
S1,000.00 TOTAL CIVIL PENALTY
$32.36 Enforcement Costs
$i 0 6 TOTAL AMOUNT DUE
Pursuant to G.S. 143-21 5.6A(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
resultin�a, 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 prod=rams 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 En% ironmental 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.
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 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 achy 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 14313-282.1(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 (lie 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 eery important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remissionyou must complete and submit the enclosed -Request for Remission of Civil Penalties
Waiver of Riuht to an Administrative 1-learim► 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 followin<o address:
Attn: PERCS 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, NCDEQ
1628 Mail Service Center, Raleigli
Raleigh, NC 27699-1628

Option 3: rile a Petition for an administrative hearing with the Office of Administrative Illearin2s:
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 § 1 5013-23.2) 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 f`or the Office of Administrative Bearings 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
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 maybe 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 Raleigh
Regional Office at (919) 7914200 or via email at mitch.hayes cz ncdenr_gov.
Sincerely,
Rick Bolich, L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement File
Central Files
Jay Meyers PE: 401 Old I-Ioneycutt Rd„ Fuquay-Varina, NC 27526

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DN7-2019-000.3 County: Wake
Assessed Party: Town of Fuquay-Varina
Permit No.: WQCS00193 Amount Assessed: S1,032.36
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request Fa• Retttis-.sioll,
Waiver ofRight to an. Idmini.strative 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. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessillent f letols (we listed ill file civil penalty assessment doettlllent);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., evplahl the
steps that yotl took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.c., explain why the violation was unavoidable or
sonncthing you could not prevent or prepare frn);
(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 tiritl prevent fou from pen brining the activities necessary to achieve
contpl iance).
EXPLANATION:

STATE OF NORTI I CAROLINA
COUNTY OF WAKE
IN Tl IL MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Fuquay-`'arina
ruquay-Farina Collection System
PEIMIIT NO. WQCS00193
DEPARTIM ENT 01= ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTPUTIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DN'-2019-0004
Having been assessed civil penalties totaling S1.032.36 for %-iolation(s) as set forth in the assessment document of the
Division of Water Resources dated January 22, 2019, the undersigned, desirin4_ 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 undersi-ncd further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Di4 ision 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
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Town of Fuquay-Varina
CASE NUMBER: DV-2019-0004
PERMIT NO: WQCS00193
FACILITY: Fuquay-Varina Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION
201801048 7/23/2018 CSO/SSO(Sewer Overflow) Discharqe without valid permit
Incident Start Duration
Number Date (Mina) Location Cause
REGION: Raleigh
COUNTY: Wake
Total
Vol
(Gals)
201801048 7/23/2018 1,320 4971 Wade Nash Rd Pump station 100,000
equipment failure
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
100,000
$1,000.00
Total Vol
Surface
Water
(Gals) DWR Action
50,000 Notice of Violation -
Notice of Intent to
Enforce
201801417 9/4/2018 15 408 East Academy St. Grease 200 200 BP] -No Further Action