WQCS00002_DV-2019-0038 CPA_20190226

ROY COOPER
`r;er n yr
MICHAEL S. RCGAti
S,•c; erar l
LINDA CULPEPPER
Mr rrr N
Certified Mail # 7017 0190 0000 9569 9753
Return Receipt Requested
Robert Massen�=ill, E P
City of Raleigh
PO Box 590
Raleigh, NC 27602
Fnwiranmentaf Quality
February 26, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(I )
and Collection System Permit No. WQCS00002
City of Raleigh
Raleigh Collection System
Case No. DV-2019-0038
Wake County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of 56,037.90 ($6,000.00 civil penalty
+ 537.90 enforcement costs) against City of Raleigh.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Seger Overflow (SSO)
5-Day Reports and NOV response letter submitted by the City of Raleigh. This re% iew has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(t). The
iolations."incidents that occurred for which you are being penalized for are listed in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Raleigh violated the terms, conditions or
requirements of Collection System Permit No. WQCS00002 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. 143-2I5.6A(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).

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 Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
City of Raleigh:
$6,000.00 For violations of Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(I) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid pernlit (see Attachment A)
S6,000.00 TOTAL CIVIL PENALTY
$37.90 Enforcement Costs
$6,037.90 TOTAL AMOUNT DUE
Pursuant to G.S. 143-213.6A(c), in deterrnining the amount of the penalty I ha-ve 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 -ravity of the violation;
(3) The effect on ground or surface water quantity or duality 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 En% ironmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) day5 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 hiclucle waiver.
Ji)iwi). Payment of the penalty will not foreclose further enforcement action for any continuing_ or new Niolation(s).
Please submit payment to the attention of:
Attn: l ERCS 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 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 oftlle civil penalty assessment factors in NCGS 143B-282. I (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 �, iolations; 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 tilana+cement Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
ori4=inal 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 Riuht to an Administrative Hearingand Stipulation of facts" form within thin 30 days of recei t 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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleig}t, North Carolina 27699-1617
AND
Rick Bolich, L.G., Regional Super%isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Ralciah
Raleigh, NC 27699-1628

Option 3: rile 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 Hearin-s durin<o 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 may be filed by facsimile (fax) or electronic mail by an attached rile (with restrictions) - provided
the siurned original, one (1) copy and a filing fee (ifa filing, fee is required by NCGS §15013-23.2) 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 Hearing with all questions regarding the filin- 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
Ralei!(h, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DCQ 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 bein<, 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 Jason Robinson with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at Jason_T.Robinson-y ncdcnr.gov.
Sincerely,
Rick I3olich, L.G., Assistant Supervisor
Water Quality Regional Operations Section
Ralei<uh Regional Office
Division of~'ater Resources, NCDFQ
ATTACHMENTS
ENTS
Cc: WQS Raleigh Regional Office - Enforcement File
PERCS Compliance.'Enforcement Unit - Enforcement File
Central Files
T.J. Lynch, PE - Raleigh Assistant Director of Wastewater Operations, 110 Box 590, Raleigh, NC, 27602

JUSTIFICATION FOR REMISSION REQUEST
Case dumber: DN'-3019-0038 County: Wake
Assessed Party: City of Raleigh
Permit No.: WQCS00002 Amount Assessed: S6,037.90
Please use this form when requesting_ remission of this civil penalty. You must also complete the "Request For Rc'lrusslorl,
Waiver of Right to an .lihnini.wrative flearing, and Stipulation of racts" 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
e� aluating 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. § 14313-232,1(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 wily the
factor applies (attach additional pa=es as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 1.1313-232. I (b) were wrongfully applied to the
detriment of the petitioner (the ctsscsslrlcrN factors are listed in the civillyenalty asses,1'r ient document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., earlilin they
stcPs that }'ou took to correct the violation and 1weveut fixture Occurrences);
(c) the violation was inadvertent or result or an accident (i.e„ e.iplain tirluv the violation was unavoidable or
something you could not prevent or prepare Jor );
(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 pa.vinent of'the civil penalty will prerctrt}'oltfront pei.Jbrndng, the activities necessar v to achieve
compliance),
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSNI ENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) M)MI ISTRATIVE HEARING AND
STIPULATION OFFACTS
City of Raleigh )
Raleigh Collection System )
PER.NIIT NO. WQCS00002 ) CASE NO. DV-3019-0038
I laving been assessed civil penalties totaling S6,037.90 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 262019, the undersioned, desiring= to seek remission of the ci,.it 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
ADDRESS
TELEPIIONE
SIGNATURE
20

ATTACHMENT A
City of Raleigh
CASE NUMBER: DV-2019-0038
PERMIT NO: WQCS00002
FACILITY: Raleigh Collection System
Other Violations
INCIDENT VIOLATION
NUMBER
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
201803422
111112018
CSOISSO(Sewer Overflow)
z
Discharge without valid permit
201803570
1213/2018
CSO/SSO(Sewer Overflow)
Discharge without valid permit
REGION: Raleigh
COUNTY: Wake
TOTAL VOLUME
PENALTY
(GALLONS)
AMOUNT
4,995,000
$5.000,00
30.000 $1, 000,00
Incident
Num
Start Date
Total
Location Volume
Volume
Reached
Violation Action
(Gal)
Water
al
201803422
11/13/2018
3204 Yonkers Rd 4,995,000
4,995,000
NOV-NOI
201803424
11/12/2018
1201 Sunnybrook Rd
128,000
128,000
BPJ - No Further Action
_ Storm
201803423
11/13/2018
1712 Mayridge Ln
198,000
198,000
BPJ - No Further Action
Storm
201803425
11/12/2018
556 Dacian Rd
291
291
8PJ - No Further Action
Storm
201803426
11/12/2018
1551 Rock Quarry Rd
138,000
138,000
BPJ - No Further Action
Storm
201803428
11/12/2018
3319 Alleghany Dr.
207,000
207,000
BPJ - No Further Action
Storm
201803427
11/12/2018
3409 Lassiter Falls Circle
138,000
138,000
BPJ - No Further Action
Storm
201803429
11 /13/2018
3308 Holston Ln
1,041,667
1.041,667
BPJ - No Further Action
Storm
201803430
11/12/2018
3625 Anderson Dr
220,000
220,000
BPJ - No Further Action
Storm
201803431
11/13/2018
800 Hardimont Rd
18,000
18,000
BPJ - No Further Action
Storm
201803260
10/27/2018
4708 Little Falls Drive
875
875
BPJ - No Further Action
201803564
12/1/2018
1421 US Hwy 70 W
3,000
0
NOV
Garner
201803348
11/12/2018
8500 New Brunswick Lane
1,200
1,200
BPJ - No Further Action
Storm
201803536 1
11/26/2018
700 Northbrook Dr
10,420
NOV
201803570 1
12/3/2018
3600 Croydon Mill Way
30,000
30,000
NOV-NOI
201900050
12/26/2018
1003 Tower St.
9,475
NOV