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Home My WebLink AboutWQCS00055_Enforcement (Letter)_20190227_ STh7i ROY COOPER Gr..rnrcr v , ,110HAEL S REGAN LINDA CULPEPPER Environmenro! Quohly Certified flail # 7017 0190 0000 9562 9163 Return Receipt Requested February 27, 2019 Frank Frazier, City Manager City of Henderson PO Box 1434 Henderson, NC 27536-1434 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. WQCS00055 City of Henderson Henderson Collection System Case No. DV-2019-0047 Vance County Dear Mr. Frazier: This letter transmits a Notice of Violation and assessment of civil penalty in the amount ofS2,782.36 (S2,750.00 civil penalty + S32.36 enforcement costs) against City of Henderson. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report and other information provided by the City of Henderson. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00055 and G.S. 143-215.1(a)(1). The violation(s) /incidents(s) that occurred for which you are being penalized are listed in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Henderson violated the terms, conditions or requirements of Collection System Permit No. WQCS00055 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) and (a)(6), a civil penalty may be assessed by the Commission against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). R�`, , - �i': 'i �46i��4•'-._ }^.i __i ;..7 :'.�. s:}'-I3:. :4I 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 City of Henderson: S2,750.0Q For 3 of the 5 violations of Collection System Permit No. WQCS00055 and G.S. 143-215.1(a)(I) for Sanitary SewerOverflow(s) resulting in a discharge without a valid permit. $2.750.00 TOTAL CIVIL PENALTY $32.36 Enforcement Costs $1782.36 TOTAL AliOUNT 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.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 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 ol` Environmental Quality (do not include ivaiver 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 Y1ail 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 tile five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requestin<g 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 determinin4g 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 1 43B-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 remainin4_ necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in «vriting. 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 i41anagement 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 remissionyou must complete and submit the enclosed -Request for Remission of Civil Penalties Waiver of Right to an Administrative Flearing. and Stipulation of Pacts" form within thirty30 days of receipt of this notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Reguest," Both forms should be submitted to the following address- Attn: PERCS Branch Division of Water Resources 1617 iMail Service Center Raleigh, North Carolina 27699-1617 AND Rick Bolich, L.G., Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 1628 Mail Service Center, Raleigh Raleigh, NC 27699-1628 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 §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 Hearings with all efuestion$, re<_=arding the filing fee and,:or the details of the filing, process. The mailing address and telephone and fax numbers for the Office of Administrative I-learin4=s are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 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 beim, 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 mitcli.hayes'i,ncdenr.gov. Sincerely, fBoli—cl,., 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 JUSTIFICATION FOR REMISSION REQUEST Case Number: W-2019-0047 County: Vance Assessed Party: City of I lenderson Permit No.: WQCS00055 Amount Assessed: 52.782.36 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Maiver oj'Right to an Administrative Hearing, and Stipulation or 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 live 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 a civil penalty maybe 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. 14313-282. 1 (b) were wrongfully applied to the detriment of the petitioner (the assessment f 1etors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i,e., e-yplain the Slc'p2S that you took to correct the violation and prevent f tture occurrences); (c) the violation was inadvertent or a result of an accident (Le_, e plain it Iry the violation was unavoidable or Sot)tetlritag yott Coltltl trot prerettt or pr-eptrre foe); (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 hou' payment of the civil penalty trill prevent t•ou from perfornting the activities necessart, to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF VANCE IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) AMNIINISTRATIVE HEARING AND } STIPULATION OF FACTS City of Henderson } Henderson Collection System } PERMIT NO. WQCS00055 } CASE NO. DN'-2019-0047 Having been assessed civil penalties totaling S2,782.36 for %-iolation(s) as set forth in the assessment document of the Division of Water Resources dated February 27, 2019, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative (fearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all eN idence 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 ADDRESS TELEPHONE SIGNATURE ATTACHMENT A City of Henderson CASE NUMBER: DV-2019-0047 PERMIT NO: WQCS00055 REGION: Raleigh FACILITY: Henderson Collection System COUNTY: Vance Other Violations INCIDENT VIOLATION TOTAL VOLUME PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT 201803652 12114/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 28,050 S1,000.00 201900112 12114/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 51,000 $1,250.00 201900113 12/15/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 21,600 $500.00 201803753 12/27/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 5,850 $0.00 201900013 12/27/2018 CSOISSO(Sewer Overflow) Discharge without valid permit 18,750 $0,00 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201803652 12/14/2018 330 fast Rock Springs ST Severe Natural 28,050 26,400 Notice of Violation and Neatherly Street Condition Notice of Intent 201803753 12/27/2018 90 Sandy Creek Pump Pump station 5,850 5,850 Notice of Violation Station 482 Rock Mill equipment failure Road 201900013 12/27/2018 150 1646 W Andrews Other 18,750 18,750 Notice of Violation Avenue - Sandy Creek Outfall 201900112 12/14/2018 64 482 Rock Mill Road, Severe Natural 51,000 51,000 Notice of Violation Sandy Creek Pump Condition Notice of Intent Station 201900113 12/15/2018 360 51 Vance Academy Severe Natural 21,600 21,600 Notice of Violation Road, Redbud Pump Condition Notice of Intent Station 201803475 11/14/2018 540 Sandy Creek Pump Severe Natural 34,200 34,200 BPI -No Further Action Station, 482 Rock M,ll Condition Excessive Rainfall Road 201803407 11/12/2018 840 Sandy Creek Pump Severe Natural 53,760 53,760 BPI -No Further Action Station, 482 Rock Mill Condition Excessive Rainfall Road 201803406 11/13/2018 480 51 Vance Academy Road Severe Natural 28,800 28,800 BPI -No Further Action Redbud Pump Station Condition Excessive Rainfall 201803124 10/11/2018 360 Sandy Creek Pump Severe Natural 36,000 36,000 BPI -No Further Action Station, 482 Rock Mill Condition Tropical Storm Michael Road C Incident Number Total start Duration Vol Date (Mins) Location Cause (Gals) 201803123 10/11/2018 90 Redbud Pump Station Severe Natural Condition 7,650 51 Vance Academy Road 201803122 10/11/2018 120 Neatherly Street Severe Natural Condition 21,000 201803121 10/11/2018 120 Pinkston St., Green Severe Natural 18,000 Acres Apartments Condition 201803120 10/11/2018 120 Pinkston St. Farrar Ave. Severe Natural 2,700 Condition 201603119 10/11/2018 120 E. Rockspring Street Severe Natural 3,600 Condition Total Vol Surface Water (Gals) DWR Action 7,650 BP] -No Further Action Tropical Storm Michael 21,000 BP] -No Further Action Tropical Storm Michael 18,000 BP] -No Further Action Tropical Storm Michael 0 BP] -No Further Action Tropical Storm Michael 0 BP] -No Further Action Tropical Storm Michael