WQCS00002_DV-2019-0135 CPA_20191001

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ROY COOPER
MICI IAEL S REGAN
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LINDA CULPEPPER NOWH
!7a.1 for Environmental Quality
Certified Mail # 7016 3560 0000 4428 4518
Return Receipt Requested
October 01, 2019
Robert Massengill, PE, Public Utilities Director
City of Raleigh
PO Box 590
Raleigh, NC 27602
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(1)(1)
and Collection System Permit No. WQCS00002
City of Raleigh
Raleigh Collection System
Case No. DV-2019-0135
Wake County
Dear Mr. Massengill:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,782.36 (S3,750.00 civil penalty
+ $32.36 enforcement costs) against City of Raleigli.
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 Raleigh. This reviex%- 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)(1). The violation(s)
that occurred are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the 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. 143-215.6A(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).

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 Raleigh:
$,Z�Q.00 For 4 of the 12 violations of Collection System Permit No. WQCS00002 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$3,750.00 TOTAL CIVIL PENALTY
$32.36 Enforcement Costs
3 7$2.36 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty l have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G-S. 14313-282,1(b), %vhieh 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 of Environmental Quality (do not include iraiver
for-m). 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 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 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 violations; or
(S) 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 Gn%-ironmental !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 remissionyou must com fete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of RiWht 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: PCRCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Rick Bolich, L.G., Assistant Regional Supen-isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDCQ
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 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 may be filed by facsimile (11ax) 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 questions -regarding the filing fee an&or the details of the
filing, process.
The mailing address and telephone and fax numbers for the 01'fice of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
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 Servicc 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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at miteh.hayes ct.nedenr.�aov.
Sincerely,
40 k-
Rick 13olich, 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
T.J. Lynch, PE - Assistant Director of Wastewater Operations, City of Raleigh, 110 Box 590, Raleigh, NC 27602

Case Number: DV-2019-0135
Assessed Party: City of Raleigh
Permit No.: WQCS00002
JUSTIFICATION FOR REMISSION RE UEST
County: Wake
Amount Assessed: $3 782.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Rentission,
fVaiver of Right to an d(hninistrative 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. § 14313-282.1(c), remission of a civil
penalty maybe granted only when one or more of the follo%ving live 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) mere wrongfully applied to the
detriment of the petitioner (the assessment fitclors are listed in they civil penalty assessment docuntent);
(b) the violator promptly abated continuing environmental damage resulting, from the violation (i.e., 2_xplizin the
steps that you took to correct the violation and prevent /itturc occurrence_);
(c) the violation was inadvertent or a result of an accident (i.e., explain it-hv the violation was unavoidable or
.something you could riot prevent or prepare oi);
(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 (ix., c.yplaht
host, payment of the civil penalty will prevent you from performing the activities necessary to achieve
Compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGIIT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Raleigh )
Raleigh Collection System }
PERMIT NO. WQCS00002 ) CASE NO. DV-2019-0135
Having been assessed civil penalties totaling S3,782.36 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 01, 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 , 20
ADDRESS
TELEPIIONI-'
SIGNATURE

ATTACHMENT A
City of Raleigh
CASE NUMBER: DV-2019-0135
PERMIT NO:
WQCS00002
REGION: Raleigh
FACILITY:
Raleigh Collection System
COUNTY: Wake
Other Violations
INCIDENT
VIOLATION
TOTAL VOLUME
PENALTY
NUMBER
DATE
VIOLATION TYPE
VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
201900703
4/8/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
6,000
$0.00
201900705
4/9/2019
CSO/SSO(Sewer Overflow)
Discharge without valid permit
18,000
$500.00
201900708
4/9/2019
CSO/SSO(Sewer Overflow)
Discharge without valid permit
30,000
$1,000.00
201900707
4/9/2019
CSO/SSO(Sewer Overflow)
Discharge without valid permit
36,000
$1,000.00
201900717
4/10/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
4,800
$0.00
201900839
4/25/2019
CSO/SSO(Sewer Overflow)
Discharge without valid permit
4,800
$0.00
201900931
5/14/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
9,400
$0.00
201900944
5/16/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
4,925
$0.00
201900953
5/1912019
CSOISSO(Sewer Overflow)
Discharge without valid permit
3,600
$0.00
201900999
6/12019
CSOISSO(Sewer Overflow)
Discharge without valid permit
2,670
$0.00
201901064
6112/2019
CSOISSO(Sewer Overflow)
Discharge without valid permit
259,890
$1,250.00
201901112
6)2612019
CSOISSO(Sewer Overflow)
Discharge without valid permit
1,500
$0.00
Incident
Num
Start
Date
Location
Total
Volume
(Gals)
Volume
Reached
Water
Action
201900703
201900707
418119
4/9/19
1604 Evergreen Ave, Raleigh
3265 Anderson Ave, Raleigh
6,000
36,000
6,000
36,000
NOV
NOV-NO[
201900705
419119
1101 Marlowe Rd, Raleigh
18,000
18,000
NOV-NOI
201900708
419/19
3400 White Oak Rd, Raleigh
30,000
30,000
NOV-NOI
201900717
4110/19
3101 Compatible Way
4,800
1,000
NOV
201900758
201900839
4/15/19
4/25119
1400 Capital Blvd
4750 Hargrove Rd in Raleigh
5,640
4,800
5,640
500
BPJ
NOV
201900931
5/14/19
615 W Gannon Ave
9,400
9,400
NOV
201900945
5116/19
2323 Laurelbrook Rd
585
BPJ
201900944
5/16119
2305 Lake Wheeler Rd
4,925
NOV
201900953
5/19/19
5012 Winterlochen Rd Garner NC
3,600
NOV
201900999
613119
214 Loft lane Raleigh
2,670
2,670
NOV
201901007 1
201901039
616119
6/10/19
150 Tipton St. Raleigh
Toms of Rolesviile Golden Acres St
Mobile Home Park
150
40
150
40
BPJ
BPJ
201901064
6/12119
Lead Mine Rd. 8 Strickland Rd.
259,890
259,890
NOV-NO1
201901112
6/26119
2121 Versitile Rd
1,500
187
NOV