WQCS00005_DV-2019-0106 CPA_20190711

ROY COOPER
MICHAEL S. REGAN
Sr. re6,x i
LINDA CULPEPPER
Anx!rA
Certified Mail # 7017 2680 0000 2236 0925
Return Receipt Rectuested
Donald F Greeley, Water Management Director
City of Durham
101 City Hall Piz
Durham, NC 27701-3329
F.nviremmental Quality
July 11, 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 Collection System Permit No. WQCS00005
City of Durham
Durham Collection System
Case No. DV-2019-0106
Durham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount ofS1,037.90 (S1,000.00 civil penalty
+ $37.90 enforcement costs) against City of Durham.
This assessment is based upon the following facts; a review has been conducted of the Sanitary Server Overflow (SSO)
5-Day Report(s) and NOV response submitted by City of Durham_ This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit No_ WQCS00005 and G.S. 143-215.1(a)(1). The
violation(s).'incidents that occurred 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 Collection System Pen -nit No. WQCS00005 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).

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Depa ttti&f 61 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:
1 000.00 For violations of Collection System Permit No. WQCS00005 and G.S. 143-215.1(a)(1).
S1,000.00 TOTAL CIVIL PENALTY
$37.90 Enforcement Costs
$1,037.90 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 (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 licaring
Option 1: Submit payment of the penult►':
Payment should be made directly to the order of -the Department of Environmental Quality (do not inchule waiver
form), Payment of the penalty will not foreclose lurther enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Attn: PERCS Branch
Division of Water Resources
16 t 7 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 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 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 ofyour 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 tite Director. Therefore, it is very important that you prepare a complete and
thorough statement in support ofyour request for remission.
In order to request remissionyou must complete and submit the enclosed "Reguest 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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Scr�ice Center
Raleigh, North Carolina 27699-1617
AND
Rick Bolich, L.G., 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: 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 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 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 §150R-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 re cording the filing fee and.'or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Bearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of life 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 e%idenced by an internal
date Iime 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 Jason Robinson with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at Jason.T.Robinson'Cl Ilcdellr.goN-.
Sincerely,
hick I3olich, L.G., Assistant Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
PERCS Compliance?Enforcement Unit - Enforcement File
Central Files
Andy Rrogden, Durham Water and maintenance Superintendent: 101 City I call Piz, Durham, NC 27701-3329

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2019-0106
Assessed Party: City of Durham
Permit No.: WQCS00005
County: Durham
Amount Assessed: S1,037.90
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Maiver of Right to an }h nunistrative 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. § 1=4313-282.1(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. 1 4313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the asscs5sment frctors are listed in the civil penaln� 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 fitture occurrences);
(c) the violation was inadvertent or a result of an accident (i_e_, explain uhy the violation was unavoidable or
sonicthing _vott could trot pr evetu 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
hoer payment of the civil penalty +rill prevent you f torn pctf n-ming the activities necesscuy to achieve
Compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DURHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Durham )
Durham Collection System )
PERMIT NO. WQCS00005 ) CASE NO. DV-2019-0106
I [aving been assessed civil penalties totaling 51.037.90 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 11, 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 clues 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 IONS
SIGNATURE
20

ATTACHMENT A
City of Durham
CASE NUMBER: DV-2019-0106
PERMIT NO:
WQCS00005
REGION. Raleigh
FACILITY:
Durham Collection System
COUNTY: Durham
Other Violations
INCIDENT
VIOLATION
TOTAL VOLUME
PENALTY
NUMBER
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
201900233
1/25/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
12,900
$0.00
201900302
2/4/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
7,200
$0.00
201900313
2/6/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
7,400
$0.00
201900611
3/21/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
30,200
$1,000.00
T
Incident
I Start
Total Volume
Number
Date
Location
Cause Volume Reached
Violation Action
(Gals) Water
Grease 975 975
201900104
1/9/2019
Duke University (East
BPJ - No Further
Campus) - Near East
Action
Campus Union Buildin
201900118
1/13/2019
Cedar Creek Drive Pump
Other -Electrical
50
50
BPJ - No Further
Station
Action
201900196
1/23/2019
2800 Campus Walk Ave
Debris
615
615
BPJ - No Further
Action
201900233
1/25/2019
2700 Carpenter Road
Other -ARV
12,900
12,900
NOV
201900302
2/4/2019
4001 Durham Chapel Hill
Other-MH Insert
7,200
7,200
NOV
Blvd
201900313
2/6/2019
Near 1904 Aiken Ave, on
Grease
7,400
7,400
NOV
and off-70 ROW
201900449
2/23/2019
5101 North Roxboro Rd.
Inflow/infiltration 1
1,008,000
1,008,000
BPJ - No Further
Severe Natural
Action
Conditions
201900577
3/13/2019
4121 Trotter Ridge Rd
Other -Blockage
300
300
BPJ - No Further
Action
201900588
3/16/2019
1600 Anderson Street,
Debris
300
0
BPJ - No Further
Durham, NC 27707
Action
201900591
3/18/2019
1400 Morreene Rd
Roots
1,850
1,850
BPJ - No Further
Action
201900611 1
3/21/2019 1
1871 MLK Parkway
Debris
30,200
30,200
NOV - NOI