WQCS00064_DV-2019-0131 Enforcement (Letter)_20190930

ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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Environmental Quality
Certified Mail # 7016 3560 0000 4428 4488
Return Receipt Requested
September 30, 2019
Drew Havens, Town Manager
Town of Apex
PO Box 250
Apex, NC 27502
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00064
Town of Apex
Apex Collection System
Case No. DV-2019-0131
Wake County
Dear Mr. Havens:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S 1,532.36 ($1,500.00 civil penalty
+ S32.36 enforcement costs) against Town of Apex.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report and information provided by the Town of Apex. This review has shown the subject facility to be in violation of
the requirements found in Collection System Permit No. WQCS00064 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 Town of Apex violated the terms, conditions or
requirements of Collection System Permit No. WQCS00064 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, I, Rick
Bolich, L.G., Assistant Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Town of Apex:
S 1.500.00 For 2 of the 2 violations of Collection System Permit No. WQCS00064 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
S1.500.00 TOTAL CIVIL PENALTY
$32.36 Enforcement Costs
1 532.36 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findin=s of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.t(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 hcaring
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waivel-
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 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 Cve 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 vio[ations; 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 writing. The
Director of the Division of NVater 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 Lklanagement 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 ou must comp fete and submit (fie enclosed "Request for Remission of Civil Penalties
Waiver of Rieht to an Administrative Hearingand Stipulation of facts" fonn within thirty 30 days of receil2t 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 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, NCDLQ
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 may be 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 film(,, 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 I learings with all questions regarding the filing* fee andior the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6?14
Tel- [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DLQ 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
dateitime received stamp (not a postmark), will result in this matter being referred to (lie 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 I layes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at mitch.hayese( ncdenr.gov.
Sincerely,
Rick Bolich, 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 fifes

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2019-0131 County Wake
Assessed Party: Town of Apex
Permit No.: WQCS00064 Amount Assessed: 51,532.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Requerst ForRemission,
Maiver of Right to an Achnimiso-ative Hearing, and Stipulation QI'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 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 assevsnient fiactory are li.vted in the civil penult}' usve.s.vnaemt document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i_c„ explain the
steps that you took to correct the: violation and prevvent f cture occurrellcc.$);
(c) the violation Was inadvertent or a result of an accident (i.c., my;hdm why the violation wa.v unavoidable or
something you could not prevent or prepare fan);
(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., e_tplain
hoiv payment of the civil penalty will prevent i on fr•ona perfoa-nung the activities necevvaay to achieve
Compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADIMIN1STRATIVE HEARING AND
STIPULATION OF FACTS
Town of Apex )
Apex Collection System )
PERMIT NO. WQCS00064 ) CASE NO. DV-2019-0131
Having been assessed civil penalties totaling S 1.532.36 I'or violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 30, 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
ADDRESS
TELE-PHONE;
SIGNATURE.
20

ATTACHMENT A
Town of Apex
CASE NUMBER: DV-2019-0131
PERMIT NO: WQCS00064
FACILITY: Apex Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION
201900685 4/7/2019 CSO/SSO(Sewer Overflow) Discharge: without valid permit
201901102 6/24/2019 CSO/SSO(Sewer Overflow) Discharge without valid permit
Incident Start
Number Date
Duration
(Mins) Location
201900685 4/7/2019 200
201901102 6/24/2019 225
Cause
1204 Shackleton Drive, Debris in line
Apex
2030 Lauren Duncan Rd Other
Apex
REGION: Raleigh
COUNTY: Wake
TOTAL VOLUME
PENALTY
(GALLONS)
AMOUNT
32,400
$1.000.00
17,382
$500.00
Total Vol
Total
Surface
Vol
Water
(Gals)
(Gals)
DWR Action
32,400
32,400
Notice of Violation -
Notice of Intent
17,382
17,382
Notice of Violation -
Notice of Intent