NC0047597_Enforcement (Letter)_20190212

ROY COOPER
Ganer,sor
MICI-IAEL S. REGAN
Si cfvrury
LINDA CULPEPPER
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Certified Mail # 70172680000022360512
Return Receipt Requested
Thomas Bonfield, City Manager
City of Durham
101 City Hall Piz
Durham, NC 27701-3329
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�-O'i { �- CAROLINA
Fnvirnnmenrai Quality
February 12, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES LVNV Permit No. NCO047597
City of Durliam
South Durham WRF
Case No. LV-2019-0027
Durham County
Dear Permittec:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S537.78 (S500.00 ci%-il penalty
+ $37.78 enforcement costs) against City of Durham.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DIvIR) submitted by City of Durham for the month of July 2018. This revie%%- has shown the subject facility to be in
Violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0047597. The
violations, which occurred in July 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Durham violated the terms, conditions or
requirements of NPDES WW Permit No. N00047597 and G.S. 143-215. 1 (a)(6) 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.
I 43-215,1(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, I, Rick
Bolich, L.G., Assistant Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
City of Durham:
$500.00 1 of 1 violations of G.S. 143-215. 1 (a)(6) and Permit No. NC0047597, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for ROD 5-Dav 20 Deg.
C)_- Concentration
S500.00 TOTAL CIVIL PENALTY
S37.78 Enforcement Costs
S537.78 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. 1438-282. 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 followin
(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 inchide itwiver
for 110. Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
I617 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 143I3-232.1(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. "I he 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 Cieil 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 remissionyou must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Risht to an Administrative 1-learincyand 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

O tion 3: File u Petition for an administrative hearing �sith the Office of Administrative llearin2s:
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 I learings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative I learings during nonnal 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 (far) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (ifa filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative 1 learings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative I learings with all questions, re<_ardina, 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 Scrvice Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: (9 l 9) 431-3100
One (1) copy ofthe petition must also be served on DEQ as follows:
N[r, William F. Lane, General Counsel
Department of Environmental Quality
1601 flail Sem-ice 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 Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at (919) 7914200 or via email at cheng.zliang;il ncdenr.gov.
Sincerely,
Ric Bolich, L.G., Assistant 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
Central Files

PERMIT: NCO047597
FACILITY: South Durham WRF
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
711412018 7-2018 BOD, 5-Day (20 Deg,
C) - Concentration
ATTACHMENT A
City of Durham
CASE NUMBER: LV-2019-0027
REGION: Raleigh
COUNTY: Durham
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
5 X week mgr1 7,50 9.4 2&3 Weekly S500.00
Average
Exceeded

JUSTIFICATION FOR REMISSION RE UEST
Case Number: LN'-2419-0027 County: Durham
Assessed Party: City of Durham
Permit No.: NCOO47597 Amount Assessed: 5537.78
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an.Idranirristratire Hearing, and Stipulcntior 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 m«-are 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 maybe granted only when one or more of the following live factors apply. Please check each factor that you
believe applies to your case and pro,. ide 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) kvere wrongfully applied to the
detriment of the petitioner (the assessment, factors are listed in the civil penalt' asyessnnerrt docurnerrt);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., e yplain the
Steps that you took to correct they violation andprevent firtrrre occu)-rcra(:c.$);
(c) the violation was inadvertent or a result of an accident (i.e., explain whhv the violation was unavoidahle oar
sonething}•on could not Pre cart or prcperrcliar J;
(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
Iron' pa-vi neat of the civil penalty ►rill prevent votr f •on performing the activities nece ssar•v to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF DURHAM
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
City of Durham
South Durham WRF
PERMIT NO. NC0047597
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGIiT TO AN
ADMINISTIZA'FI E HEARING AND
STIPULATION OF FACTS
CASK NO. L%r-2019-0027
Having been assessed civil penalties totaling $537.78 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated February 12 2019, 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
ADDRESS
TELEPI [ONE
SIGNATURE
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