NCG590002_LR-2019-0005_20190304

ROY COOPER
, _ - ° Governor
'a' €1��, 't' MICHAEL S. REGAN
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+d�' { LINDA CULPEPPER
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NORTH CAROLINA
Environmental Quality
March 4, 2019
CERTIFIED MAIL 7016 2140 0000 4371 0325
RETURN RECEIPT REQUESTED
Mayor Timothy Johnson
Town of Bailey
PO Box 6260
Bailey,NC 27807-6260
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
Case No.LR-2019-0005
Late Discharge Monitoring Reports(DMRs) for October 2018
Town of Bailey
NPDES Permit NCG590002
Nash County
Dear Mayor Johnson:
This letter transmits a notice of a civil penalty assessed against the Town of Bailey in the amount of
$600.00 (includes $100.00 in enforcement costs).
This assessment is based upon the following facts: the October 2018 discharge monitoring report
("DMR")was not filed with the Division of Water Resources within the thirty(30) day reporting
period in accordance with the monitoring and reporting requirements contained in the subject NPDES
permit. The October 2018 DMR has not been received to date.
• A Notice of Violation(NOV-2019-LR-0006)was sent to you for failure to submit the October
2018 DMR no later than the thirtieth(30th) day following the reporting period. This notice was
received by you on February 1,2019.
The State's enforcement costs in this matter may be assessed against the Town of Bailey pursuant to
NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that the Town of Bailey violated the terms,
conditions or requirements of NPDES Permit NCG590002 and G.S. 143-215.65 in the manner and
extent shown above. 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. 143-215.1(a).
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

Town of Bailey—Bailey Well#2 WTP
Case No.:LR-2019-0005—NPDES Permit NCG590002
March 4, 2019
Page 2 of 5
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 hereby make the following civil penalty assessment against the Town of Bailey:
$ 500.00 For violation of NCGS 143-215.65 and NPDES Permit NCG590002, for failing
to submit the Discharge Monitoring Report for October 2018.
$ 100.00 Enforcement Costs
$ 600.00 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. 143B-282.1(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 days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental 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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
•
OR
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

Town of Bailey—Bailey Well#2 WTP
Case No.: LR-2019-0005—NPDES Permit NCG590002
March 4,2019
Page 3 of 5
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-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 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 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 very important that you
prepare a complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission of
Civil Penalties, Waiver of Right to an Administrative Hearing, 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 following address:
•
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
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 original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed provided the original and one copy of the document is received in
the Office of Administrative Hearings within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings

Town of Bailey—Bailey Well#2 WTP
Case No.:LR-2019-0005—NPDES Permit NCG590002
March 4,2019
Page 4 of 5
6714 Mail Service Center
Raleigh,North Carolina 27699-6714
Telephone[phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
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 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 Brianna Young at 919-707-3619, or via e-mail
[[e-mail]]. 0S'• y,
// /��,
Linda Culpepper,er, Interim Director
p
Division of Water Resources,NCDEQ
ATTACHMENTS
cc: DWR Raleigh Regional Office,Water Quality Regional Operations Section
Enforcement File LR-2019-0005 w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF NASH
)
)
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
TOWN OF BAILEY ) STIPULATION OF FACTS
BAILEY WELL#2 WTP )
)
PERMIT NO.NCG590002 ) FILE NO. LR-2019-0005
Having been assessed civil penalties totaling$600.00 for violation(s)as set forth in the assessment
document of the Division of Water Resources dated March 4, 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 , 2019.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR-2019-0005 County: Nash
Assessed Entity: Town of Bailey—Bailey Well#2 WTP
Permit No.: NCG590002 Amount Assessed: $600.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
For Remission, Waiver of Right to an Administrative 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. § 143B-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 assessment factors are listed in the civil penalty
assessment document);
❑ (b) the violator promptly abated continuing environmental damage resulting from the violation
(i.e., explain the steps that you took to correct the violation and prevent future occurrences);
❑ (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you 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., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION: