WQCS00002_DV-2019-0101 Remission Decision_20190930

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF WAKE 19 EHR 04578
CITY OF RALEIGH,
Petitioner,
V. SETTLEMENT
LINDA CULPEPPER, DIRECTOR,
DIVISION OF WATER RESOURCES,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY,
Respondent,
The City of Raleigh ("Petitioner") and the North Carolina Department of Environmental
Quality, Division of Water Resources ("DWR") hereby enter into this Settlement Agreement
("Agreement"), pursuant to N.C. Gen. Stat. § 150B-31(b), in order to resolve the above captioned
matter. This matter initially arose out of DWR's assessment of civil penalties in the amount of
three thousand, four hundred dollars ($3,400.00) and enforcement costs in the amount of thirty-
two dollars and thirty-six cents ($32.36) against Petitioner in Case No. DV-2019-6101. The civil
penalty was assessed on July 8, 2019 for alleged violations of Permit No. WQCS00002 and N.C.
Gen. Stat. § 143-215.1, as more fully described in the civil penalty assessment, the Document
Constituting Agency Action in this contested case.
Without any hearing of fact or law in the above-styled matter, IT IS THEREFORE
AGREED BY THE PARTIES THAT:
1. In order to avoid the cost and delay of litigation, the parties have entered into this
Agreement and have agreed that all parties have been correctly designated and that there is no
question as to misjoinder or nonjoinder.
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2. Within 30 days of the execution of this Agreement, and without adjudication of
either Petitioner's or DWR's claims, Petitioner shall make a payment of two thousand, seven
hundred, fifty-two dollars and thirty-six cents ($2752.36), which includes thirty-two dollars and
thirty-six cents ($32.36) in enforcement costs, in settlement and complete satisfaction of the civil
penalty assessment. Payment shall be made by check and made payable to the N.C. Department
of Environmental Quality, Division of Water Resources ("DWR"), and delivered to the following
address:
If sending via US Postal Service If sending via delivery service(UPS, FedEx, etc.)
Carolyn Hudnell, Admin. Assistant Carolyn Hudnell, Admin. Assistant
NCDOJ NCDOJ
9001 MSC 119 W. Edenton Street
Raleigh,NC 27699-9001 Raleigh,NC 27603
3. The parties agree that this Agreement resolves all disputes between them regarding
the specific actions addressed in DV-2019-0101. Nothing in this Agreement shall restrict the right
of Petitioner to contest a new or subsequent enforcement action arising outside DWR's Case No.
DV-2019-0101.
4. Petitioner expressly agrees that by entering into this Agreement, Petitioner waives,
for purposes of collection of any sums due hereunder, any and all defenses to the underlying civil
penalty assessment contested by Petitioner in this matter, and that the issue in any action to collect
said penalties will be limited to issues of compliance with this Agreement. Notwithstanding such
waiver by Petitioner, it is understood by the parties that this settlement is a compromise of certain
disputed claims and that any payment made pursuant to this Agreement is not to be construed, and
is not intended to be, an admission of liability on the part of any party to this Agreement. The
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parties agree that the consideration for this settlement is the promises contained herein and that
this Agreement contains the whole agreement between them.
5. This Agreement shall be binding upon the parties, their successors and assigns,
upon execution by the undersigned, who represent and warrant that they are authorized to enter
into this Agreement on behalf of the parties hereto.
6. This Agreement may be executed and delivered in counterparts by electronic mail,
each of which so executed and delivered counterpart is original, and such counterparts, together,
shall constitute but the same instrument. The effective date of this Agreement shall be the date on
which all signatures have been delivered to all parties.
7. The parties agree that within 5 business days of the effective date of this Agreement,
Petitioner shall file a Voluntary Dismissal with Prejudice of its Petition for Contested Case in 19
EHR 04578. The parties agree that, upon Petitioner's filing of the Voluntary Dismissal with
Prejudice, these matters will be concluded and that no further proceedings will be needed or
required to resolve the contested case or the other matters identified herein.
FOR THE CITY OF RALEIGH: FOR THE DIVISION OF WATER
RESOURCES:
A
Daniel F. McLawhom rRick Bolich, L.G.
Senior Associate City Attorney Assistant Regional Supervisor
N.C. Division of Water Resources
Date: Date: lr:�e Ar
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