NCG030016_COMPLETE FILE - HISTORICAL_20081219

STORMWATER DIVISION CODING SHEET
RESCISSIONS
PERMIT NO. NC,�Uw I b
DOC TYPE 1 ❑ COMPLETE FILE - HISTORICAL
DATE OF El
RESCISSION YYYYMMDD

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BRooHs, PIERCE,
McLENDON, HUMP$REY & LEONARD,
L.L.P.
L.P. MCLENDON, JR. BRIAN J. MCHOLLAN
ATTORNEYS AVD COUNSELLORS AT LAW
HENRY E. FRYE
EDGAR B. FISHER, JA. DAVID KUSHNER
OF COUNSEL
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M. DANIEL McGINN ROBERT W. SAUNDERS
J. LEE LLOYD
MICKAEL D. MEEKER EL17ASETH V. LAFOLLETTE
GREENSBORO, NORTH GAROLINA 27420
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WI LLIAM G. McNAIRY GI NOER S. SHIELDS
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JIM W, PHILLIPS, JR. JOHNS. BUFORD
December 15 2008
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ORENAISFrICr :
MACK SPERLING NICOLE A. CRAWFORD
ONCE
2000 RENAISSANCE PLAZA
JEFFREY E. OLEYNIK ALEXANDER ELKAN
230 NORTH ELM STREET
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KEARNS DAVIS ERIC M, DAVID
DAVID W. SAO CIL NT S. MORSE
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Ms. Josephine Kerr
Department of Justice
N.C. ATTORNEY GENERAL
C
Environmt'1101 i}ivision
:-- ..,.VF,,-.:,
Attorney General's Office
Environmental Division
DEC 1 9 2008
9001 Mail Service Center
Raleigh, NC 27699-9001
Re: Salisbury v. DENR (08 EHR 214
MQ-Surface Water Profedion
Dear Ms. Kerr:
Enclosed are the Settlement Agreement and Withdrawal of Petition for City of Salisbury
v. DENR (08 EHR 2141) ("Agreement") and a check payable to DENR in settlement and
complete satisfaction of the civil penalty assessment that is the subject of the contested case.
Please have the Agreement fully executed and the original returned to me for filing at the
Office of Administrative Hearings.
It has been a pleasure working with you on this matter.
Sincerely,
V. Randall Ti
V RT
Enclosures
G REENSBORO: 4600052v 1

NCDENR
000050
009967
12/12/08 401647
INVOICE NUMBER
INVOICE DATE
INVOICE AMOUNTINVOICE-NUMBER
INVOICE DATE
INVOICE AMOUNT
20081201
12/01/08
$5,280.54,,iIjl,
s
RECEIVED
DEC 172003
I.C. ATTORNEY
Environmental
GENERAL
Division
[E-D.
CITY OF SALISBURY TOTAL $5,280.54
First 3Bank i h� ,t�„ 'r ; �Yk� H. " k F4y of Salisbury CHECK DATE CHICK NUMBER
215 ,YY Mnes 5t b'a�i M,r �ti w'a'"r�, 1� -o. ,Box 479
, Salisbury,.NC,28144 r SAGFSHIIRy Sahsbtiry NC 28145 0479 , 12/f2/0$ 401647
CHECK.'AMOUNT.
****
0 5 4N
w u 1 VOId 51X M9NTH5 AFTER `ISSUE ,
PAYp F►ve Thousand Two Hundred EWQ and',54/100 Dollars
F *£: ; 7 r 4�3*•' Lilt w 'ii:[i r s 1" s" i'°, r
TO JHE iORDERIOF t
' NCDENR
s112�' -°DEFT :OF JUSTIC
JOSEPHINE-KERR
w , 9001 • MAILL' SERVH
r RALEIGH =NC 2769
-
4-
-ENVIRONMENTAL,DIVISION
`
--ASST ATTORNEY,, GENERALL''
E CENTER
"THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY THE
LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT."

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
City of Salisbury,
Petitioner,
V.
Department. of Environment
and Natural Resources,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
08 EHR 2141
SETTLEMENT AGREEMENT AND
WITHDRAWAL OF PETITION
City of Salisbury ("Petitioner") and the Department of Environment and Natural
Resources ("DENR"), hereby enter into this Settlement Agreement and Withdrawal of Petition
("Agreement") in order to resolve a matter in controversy between them pursuant to N.C. Gen.
Stat. § 15OB-3 I (b). This matter arose out of the assessment of a civil penalty in the amount of
eight thousand two hundred eighty dollars and fifty-four cents ($8,280.54) (Case Number DV-
2008-0045) by the Division of Water Quality against Petitioner, alleging violations of N.C. Gen.
Stat. § 143-215(a)(1) and 15A NCAC 2H.0126.
In order to avoid the cost and delay of litigation and without any hearing of fact or law in
the above -styled matter, IT IS AGREED BY THE PARTIES THAT THE CONTESTED CASE
SHALL BE RESOLVED AND THE CIVIL PENALTY ASSESSMENT SHALL BE
SATISFIED AS FOLLOWS:
1. Within 30 days of the execution of this Agreement, Petitioner shall pay five
thousand two hundred eighty dollars and fifty-four cents ($5,280.54) (Settlement Amobnt) to
Respondent in settlement of and in complete satisfaction of the eight thousand two hundred

eighty dollars and fifty-four cents ($8,280.54) civil penalty assessment. Payment shall be made
by check and made payable to the North Carolina Department of Environment and Natural
Resources (or "NC DENR"), and delivered to the following address:
Josephine Kerr
Assistant Attorney General
Department of Justice
Attorney General's Office
Environmental Division
9001 Mail Service Center
Raleigh, North Carolina 27699-9001
2. With respect to the violations cited by DENR, the Respondent's agreement to
settle this contested case and to accept payment of the Settlement Amount as provided in
Paragraph 1 shall not be deemed to be an admission by Respondent that it unlawfully imposed or
determined the amount of any civil penalty. Petitioner's agreement to settle this contested case
and to pay the Settlement Amount as provided in Paragraph 1, shall not be deemed to be' an
admission by Petitioner that it violated the environmental statutes or rules of North Carolina. The
civil penalty assessment and alleged violations that are the subject of the civil penalty assessment
shall hereafter be considered by the Respondent as one prior record of noncompliance.
3. if Petitioner fails to make payment as provided in Paragraph 1, Petitioner shall
owe the Department the entire amount of the original civil penalty assessment, i.e., eight
thousand two hundred eighty dollars and fifty-four cents ($8,280.54).
4. This Agreement contains the whole agreement between the parties regarding the
civil penalty assessment and 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.
01

5. The parties expressly agree that by entering into this Agreement, they waive, for
purposes of collection of any sums due hereunder, any and all defenses to the underlying civil
penalty assessment, and that the issue in any action to collect said penalties will be limited to
issues of compliance with this Agreement.
6. Nothing in this Agreement shall restrict the right of DWQ to inspect or take
enforcement action against City of Salisbury for any new or subsequent violations of the 15A
NCAC 02H.0126 and NCGS 143-215.1 (a)(1) and the relevant rules promulgated thereunder.
Similarly, nothing in this Agreement shall restrict the right of City of Salisbury to contest a new
or subsequent enforcement action arising outside of the August 15, 2008 civil penalty
assessment.
7. This matter is concluded and no further proceedings are needed or required to
resolve the contested case.
8. This Agreement is and shall be filed with the Office of Administrative Hearings
as Petitioner's voluntary withdrawal with prejudice of its petition for contested case hearing in
these matters.
FOR THE DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES:
Robek Sledge,
Division of Water Quality
Environment Specialist
Date: i z /,/0 ?
3
FOR CITY OF SALISBURY:
Did W. Treme, City Manager
Date:

ROY COOPER
ATT RNEY ENE L
By
Josephi e Kerr,
Associate Attorney General,
Attorney for the Department of
Environment and Natural Resources
Da,.J'L—I"I-08
V. Randall Tinsley, Brooks Pierce,
McLendon, Humphrey & Leonard, LLP,
Attorney for City of Salisbury
Date: 1y� i-4 r

� F WArFRP
GO
A
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
REL;
August 15, 2008 F
ZMM' lllazmp�
CERTIFIED MAIL 7003 0500 0002 6819 2890
RETURN RECEIPT REQUESTED
Mr. Antony Cinquemani, III, Public Services Director
City of Salisbury
519 North Fulton Street
Salisbury, NC 28144
SUBJECT: Assessment of Civil Penalties
Dear Mr. Cinquemani:
AUG 2 1 2008
NC DENR NIRO
DWG -Surface Wrier. Pre#e,c#ion
City of Salisbury — Fleet Maintenance Facility
Case Number DV-2008-0045
Rowan County
This letter transmits notice of a civil penalty assessed against the City of Salisbury in the amount of
$8,280.54, including $280.54 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
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 Environment and Natural Resources
(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:
Point Source Branch.
Division of Water Quality
1617 Mail Service Center
Raleigh; North Carolina 27699-1617
CI7
No hCaroIina
Jvaturallil
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.newatergualitv.om Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpporlunitylAifirmadve Action Employer - 50% Recydedll0% Post Consumer Paper

2. Submit a written request for remission 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 Quality 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)
were wrongfully applied to the detriment of the violator;
(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 has 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 Quality will review
your evidence and inform you of her 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 Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617

M
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
67-14 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone]
Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601 Mail Service Center
Raleigh, NC 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/Lime 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 me at [phone], or via e-mail at
[e-mail].
Sincerely,
R�EL. Sledge .
attachments
cc: ,Mooresville Regional Office — SWP Section
NPDES Unit - Enforcement File
Central Files

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
COUNTY OF ROWAN AND NATURAL RESOURCES
File No. DV-2008-0045
IN THE MATTER OF
)
CITY OF SALISBURY
}
FINDINGS AND DECISIONS
FOR VIOLATIONS OF
) AND ASSESSMENT OF
N.C.G.S. 143-215.1(a) &
) CIVIL PENALTIES
15A NCAC 02H .0126
)
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality (DWQ), I, Robert L. Sledge
of the DWQ, make the following:
I. FINDINGS OF FACT:
A. The City of.Salisbury is an incorporated municipality organized and existing
under the laws of the State of North Carolina.
B. The City of Salisbury operates a fleet maintenance shop located at 519 North
Fulton Street, in Salisbury, in Rowan County, North Carolina.
C. On February 21, 2008, DWQ staff conducted an inspection of the City of
Salisbury fleet maintenance facility. During the inspection, staff observed a floor
drain designed to receive wash water and spilled and drained fluids from certain
vehicle maintenance activities. Photographs were taken of antifreeze entering the
drain. It was later confirmed by a dye study that the drain discharged directly into
an unnamed tributary to Grants Creek, class C waters of the state in the Yadkin -
Pee Dee River Basin.
D. During the February 21, 2008 inspection, DWQ staff observed the grounds
outside the fleet maintenance facility, noting a drain in the middle of a concrete
pad, designed to receive stormwater and washwater flow from the site.
Transmission casings, tires, and barrels containing liquid product were observed,
uncovered, on the facility grounds. Photographs were taken of the observed
conditions.
E. North Carolina General Statute 143-215.1(a)(1) states that no person shall make
any outlet to the waters of the state without first receiving a permit for the
activity.
F. At the time of the inspection, the City of Salisbury did not hold a valid permit to
for the discharge of vehicle maintenance wastewater into an unnamed tributary to
Grants Creek.

Findings and Decisions
City of Salisbury; DV-2008-0045
Page Two
G. 15A NCAC 02H .0126 (incorporating by reference 40 CFR 122.26) requires
owners of transportation facilities performing vehicle maintenance to acquire a
permit to regulate discharges of stormwater from the premises.
H. At the time of the inspection, the City of Salisbury did not have a valid permit for
the discharge of stormwater from a transportation facility.
1. The cost to the State for the enforcement procedures in this matter totaled
$280.54.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The City of Salisbury is a `°person" within the meaning of G.S.143-215.6A
pursuant to G.S.143-212 (4).
B. The unnamed tributary to Grants Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The by-products of vehicle maintenance operations (such as used oil, grease,
antifreeze, and water used to clean such items from surfaces) are "waste" within
the meaning of G.S. 143-213 (18)
D. The conveyance and -discharge described in 1. C. above constituted making an
outlet to waters of the State for purposes of G.S. 143-215.1(a)(1).
E. The City of Salisbury violated G.S. 143-215.1(a)(1) by making an outlet to waters
of the state without having first obtained a permit for the activity.
F. The City of Salisbury may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation per day may be assessed
against any person who makes any outlet into the waters of the State in violation
of G.S.143-215.1.
G. The City of Salisbury's fleet maintenance facility is a "transportation facility"
pursuant to 40 CFR 122.26 and 15A NCAC 02H .0126.
H. The City of Salisbury violated l5A NCAC 021-1.0126 by not applying for and
obtaining a stormwater permit for its fleet maintenance facility.

Findings and Decisions
City of Salisbury; DV-2008-0045
Page Three
I. 15A NCAC 02H .0126 is a rule of the North Carolina Environmental
Management Commission implementing Part I of Article 21 of the North
Carolina General Statutes.
The City of Salisbury may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(6), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation per day may be assessed
against any person who a rule of the North Carolina Environmental Management
Commission implementing Part t of Article 21 of the North Carolina General
Statutes.
K. The State's enforcement costs in this matter may be assessed against the City of
Salisbury pursuant to G.S. 143-215.3(a)(9) and G.S. 14313-282.1(b)(8).
L. Robert L. Sledge of the Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
M. DECISION:
Accordingly, The City of Salisbury is hereby assessed a civil penalty of:
Odd' 00 For one (1) violation of G.S.143-215.1 by making an outlet
to the waters of the State on February 21, 2008 without first
securing a permit for the activity.
$ 000. 00 For one (1) violation of 15A NCAC 02H .0126 by failing to
apply for or to secure a'stormwater permit for a
transportation facility with vehicle maintenance.
$
280.54
Enforcement Costs
$
T
TOTAL AMOUNT DUE

Findings and Decisions
City of Salisbury; DV-2008-0045
Page Four
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in 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, onto 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.
t11 SZ-9
(Date) Robert L. Sledge
Division of Water Quality

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: City of Salisbury
County: Rowan
Case Number: DV-2008-0045
ASSESSMENT FACTORS
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; r !
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2) The duration and gravity of the violation; i f1 f 1
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3) The effect on ground or surface waterquantityor quality or on air quality;
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4) The cost of rectifying the damage;
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5) The amount of money saved by noncompliance; 1 ] 1
C::_tt of c:l�c�i��} T1�� 1a5 cxsfr�::Y�s •T' �Jzof�o:.i ih-T1rjeb en�
6) Whether the violation was committed
%willfully or intentionally; Q
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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
Nc' �r�n: !Qcdr i�, tj J�cic �loh)
8) The cost to the State of the enforcement procedures.
Date Ro rt L. Sledge

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
THE CITY OF SALISBURY } STIPULATION OF FACTS
FILE NO. D V-2008-0045
Having been assessed civil penalties totaling $8,280.54 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 15, 2008, the undersigned,
desiring to seek remission of the civil penalties, 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 Quality within 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 , 200_.
ADDRESS
TELEPHONEIE-MAIL

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2008-0045 County: Rowan
Assessed Party: City of Salisbury
Amount Assessed: $8,280.54
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver ot Right to an Administrative Hearing, and Stipulation o
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
applies. 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 remainingnecessary
ecessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 15, 2008 � t �� � 'I D
�
CERTIFIED MAIL 7003 0500 0002 6819 2890
RETURN RECEIPT REQUESTED
MT. Antony Cinquemani, Ill, Public Services Director
City of Salisbury
519 North Fulton Street
Salisbury, NC 28144
SUBJECT: Assessment of Civil Penalties
Dear Mr. Cinquemani:
AUG 1 , 0'',g
PAC Miry? [0111"D
DINS-Surfcce. ` df-pr � &-_ fq n
City of Salisbury — Fleet Maintenance Facility
Case Number DV-2008-0045
Rowan County
This letter transmits notice of a civil penalty assessed against the City of Salisbury in the amount of
$8,280.54, including $280.54 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was taken under the
authority vested in me pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources. Any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty.
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 Environment and Natural Resources
(do not include waiverform). Payment of the penalty will not foreclose further enforcement action for
any continuing or new violation(s). Please submit payment to the attention of:
Point Source Branch.
Division of Water Quality
1617 Mail Service Center
Raleigh; North Carolina 27699-1617
OR
f4 hCaroIina
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwaterqualitv_ore Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal opportunitylAftirrnalive Action Employer —50% RecydedtlO% Post Consumer Paper

2. Submit a written request for remission 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 Quality at the address listed below. In determining whether a remission
request will be approved, the following factors shad be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
were wrongfully applied to the detriment of the violator;
(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 has 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 Quality will review
your evidence and inform you of her 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 Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following address:
Point Source Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
X'

i
3. Fife 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
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, Registered Agent
DENR
1601:Mail Service Center
Raleigh, NC 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 me at [phone], or via e-mail at
[e-mail].
Sincerely,
R�EL. S ledge .
attachments
cc: Mooresville Regional Office — SWP Section
NPDES Unit - Enforcement File
Central Files

STATE OF NORTH CAROLINA NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
COUNTY OF ROWAN AND NATURAL RESOURCES
File No. DV-2008-0045
IN THE MATTER OF
)
CITY OF SALISBURY
)
FINDINGS AND DECISIONS
FOR VIOLATIONS OF
)
AND ASSESSMENT OF
N.C.G.S. 143-215.l(a) &
)
CIVIL PENALTIES
15A NCAC 02H .0126
)
Acting pursuant to delegation provided by the Secretary of the Department of Environment and
Natural Resources and the Director of the Division of Water Quality (DWQ), I, Robert L. Sledge
of the DWQ, make the following:
I. FINDINGS OF FACT:
A. The City of.Salisbury is an incorporated municipality organized and existing
under the laws of the State of North Carolina.
B. The City of Salisbury operates a fleet maintenance shop located at 519 North
Fulton Street, in Salisbury, in Rowan County, North Carolina.
C. On February 21, 2008, DWQ staff conducted an inspection of the City of
Salisbury fleet maintenance facility. During the inspection, staff observed a floor
drain designed to receive wash water and spilled and drained fluids from certain
vehicle maintenance activities. Photographs were taken of antifreeze entering the
drain. It was later confirmed by a dye study that the drain discharged directly into
an unnamed tributary to Grants Creek, class C waters of the -state in the Yadkin -
Pee Dee River Basin.
D. During the February 21, 2008 inspection, DWQ staff observed the grounds
outside the fleet maintenance facility, noting a drain in the middle bf a concrete
pad, designed to receive stormwater and washwater flow from the site.
Transmission casings, tires, and barrels containing liquid product were observed,
uncovered, on the facility grounds. Photographs were taken of the observed
conditions.
E. North Carolina General Statute 143-215.1(a)(1) states that no person shall make
any outlet to the waters of the state without first receiving a permit for the
activity.
F. At the time of the inspection, the City of Salisbury did not hold a valid permit to
for the discharge of vehicle maintenance wastewater into an unnamed tributary to
Grants Creek.

,O�
Findings and Decisions
City of Salisbury; DV-2008-0045
Page Two
G. 15A NCAC 02H .0126 (incorporating by reference 40 CFR 122.26) requires
owners of transportation facilities performing vehicle maintenance to acquire a
permit to regulate discharges of stormwater from the premises.
H. At the time of the inspection, the City of Salisbury did not have a valid permit for
the discharge of stormwater from a transportation facility.
I. The cost to the State for the enforcement procedures in this matter totaled
$280.54.
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. The City of Salisbury is a "person" within the meaning of G.S.143-215.6A
pursuant to G.S.143-212 (4).
B. The unnamed tributary to Grants Creek constitutes waters of the State within the
meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6).
C. The by-products of vehicle maintenance operations (such as used oil, grease,
antifreeze, and water used'to clean such items from surfaces) are "waste" within
the meaning of G.S. 143-213 (18)
D. The conveyance and discharge described in I. C. above constituted making an
outlet to waters of the State for purposes of G.S. 143-215.1(a)(1).
E. The City of Salisbury violated G.S. 143-215.1(a)(1) by making an outlet to waters
of the state without having first obtained a permit for the activity.
F. The City of Salisbury may be assessed civil penalties in this matter pursuant to
G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation per day may be assessed
against any person who makes any outlet into the waters of the State in violation
of G.S.143-215.1.
G. The City of Salisbury's fleet maintenance facility is a "transportation facility"
pursuant to 40 CFR 122,26. and 15A NCAC 02H .0126.
H. The City of Salisbury violated 15A NCAC 02H .0126 by not applying for and
obtaining a stormwater permit for its fleet maintenance facility.

Findings and Decisions
City of Salisbury; DV-2008-0045
Page Three
I. 15A NCAC 02H .0126 is a rule of the North Carolina Environmental
Management Commission implementing Part 1 of Article 21 of the North
Carolina General Statutes.
J. The City of Salisbury may be assessed civil penalties in this matter pursuant to
G.S. 143-2 1. 5.6A(a)(6), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000.00) per violation per day may be assessed
against any person who a rule of the North Carolina Environmental Management
Commission implementing Part I of Article 21 of the North Carolina General
Statutes.
K. The State's enforcement costs in this matter may be assessed against the City of
Salisbury pursuant to G.S.. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
L. Robert L. Sledge of the Division of Water Quality, pursuant to delegation
provided by the Secretary of the Department of Environment and Natural
Resources and the Director of the Division of Water Quality, has the authority to
assess civil penalties.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, The City of Salisbury is hereby assessed a civil penalty of:
$ �000. GO For one (1) violation of G.S.143-215.1 by making an outlet
to the waters of the State on February 21, 2008 without first
securing a permit for the activity.
$ T 000, 00 For one (1) violation of 15A NCAC 02H .0126 by failing to
apply for or to secure a stormwater permit for a
transportation facility with vehicle maintenance.
$
280.54
Enforcement Costs
$
z Fj •
`-L!
TOTAL AMOUNT DUE

i�
Findings and Decisions
City of Salisbury; DV-2008-0045
Page Four
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S. 14313-282. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, onto 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.
I J � 0,0
� v/— f o(. .tom 1
(Date) Robert L. Sledge'
Division of Water Quality

DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT
Violator: City of Salisbury
County: Rowan
Case Number: DV-2008-0045
ASSESSMENT FACTORS
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; �] / q r
Un Rfla %r1 l P 1Ie�T.1.a.i /1r1veS'ff�n�16:1 r id f;G l'lcrc Ile- r�ps"V'2il4 eT
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2) tT'he duration and gravity of the violation; 1 dr)jkj,'Oz Ylcl!aliolJ l..;ticC�rJzIv�j 0.1 u:1L 0,-C•'AJ�A%l fl Irj 111 a3Zi([)t�3 'larp 16a�+ T�JtI ,�J'rrV-
I AIfCIA16'A
3) The I' effect on ground or surface water quantity or quality or on air quality;
Llh{AQGjA eriiVCf �15C6-fie[ A Coh 0[taIci [i-h[J 12 �L' litTfc�caK /;re, t.J�
en 1r f(�� 1 [ tJJ ! I J ] I r 1 j f
G�3' Chi�il:e"(e (:ie nl�uvl It +J= �`elr�fiew�al
4) The
lI cost of rectifying the damage; f
Uilnlla:j:1 IVU d W'&�1j, tc, jjsl-(,Y:I feSoC,I(4t �k4%,IA
5) The amount of money saved by noncompliance; !
C .f5 Of CJ:I,eAIIk Tf�:tSlxs Jti1ra4 cL'Mr.111ell Gy��
6) Whether the violation was committed willfully or intentionally;
�ry iwd,�x 1a'4 01p ....15 T�-I fie i' �y�f�e::. A r^RcC
4k'I j:2'- !Nd IAQ31+ Jc{K't1, rJ r"V.{'nl[+tnlrzl �2Ic•�.F[41''11
4 y�Uht�ye. � y
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
f
Na fr1a' [ZC(03 �40 �!tzsc �Pts 4+ Jlclo 1ah1.
8) The cosrt to the State of the enforcement procedures.
Z /
Date Ro6ert L. Sledge

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
THE CITY OF SALISBURY ) STIPULATION OF FACTS
FILE NO. DV-2008-0045
Having been assessed civil penalties totaling $8,280.54 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated August 15, 2008, the undersigned,
desiring to seek remission of the civil penalties, 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 Quality within 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 , 200_.
BY
ADDRESS
TELEPHONEIE-MAIL,

'r
G
JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2008-0045 County: Rowan
Assessed Party: City of Salisbury
Amount Assessed: $8,280.54
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
applies. 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.1.43B-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 remaininu necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve cotrzpliance).
EXPLANATION:

I
March 5, 2008
IJc.�o�(a k;
1?itv 4 SalisLury
noA arotna
Y
w . L E IVE.-
Mr. Robert B. Krebs
Division of Water Quality MAR 20�8
610 East Center Ave, Suite 301
Mooresville, NC 28115 NC DENR M77)
Re: NOV-2008-DV-0090; DWQ Incident# 200800597 M-Surface wa''-` •'.-nc't
Dear Mr. Krebs:
This letter is in response to the above mentioned Notice of Violation received by the City of Salisbury on March 3,
2008, as a result of the Fleet Maintenance inspection on February 21, 2008.
On February 21, 2008:
• The City immediately ceased the washing of trucks at the site.
+ The City sealed all floor drains with metal plates to prevent any discharge.
On February 22, 2008:
• The City distributed to all City departments a memorandum directing that equipment shall no longer be
washed at the site.
• The City removed the water hose and secured the operating valve in the closed position with the
installation of a pad lock.
We are currently working on the permit application and will forward to you, upon completion, along with the
required $100.00 processing fee.
The City has abated each concern the Division of Water Quality inspection team pointed out. All housekeeping,
container marking and storage concerns have been corrected. Our Engineering Department is writing a formal
stormwater program and public education will be administered in the near future.
It is the City's intention to aggressively pursue full compliance in this matter. If I can be of any further assistance in .
this matter, please feel free to call on me at [phone].
Sincerely,
Richard L. Kelly, CSHM
Risk Manager
P.O. BOX 479, SALISBURY, NORTH CAROLINA 28145-0479
Phone: [phone] Fax: [phone]

William G. Ross Jr., 5ecre r ]�
North Carolina Department of Environment and Natural Reso es
Coleen H. Sullins, Director
Division of water Quality
DIVISION OF WATER QUALITY
February 29, 2008
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Antony Cinquemani, 111, Public Services Director
City of Salisbury
519 N. Fulton Street
Salisbury, N.C. 28144
Tracking 9 7007 0710 0005 2882 0663
Subject: Notice of Violation and Recommendation for Enforcement
Violation of G.S. 143-215.1
Tracking #: NOV-2008-DV-0090
DWQ Incident #: 200800597
Illegal outlet to Surface water
Unpermitted Discharges of Stormwater
City of Salisbury
519 N. Fulton Street
Salisbury, N.C. 28144
Dear Mr. Cinquemani:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environment & Natural Resources to
protect and preserve the water resources of the State. "The Division of Water Quality (D' %'Q) has the
delegated authority to enforce adopted pollution control rules and regulations.
On February 21, 2008, Mike Randle and Samar I3ou-Ghazale with the North Carolina Department
of Environment and Natural Resources, Division of Surface Water Protection Section, conducted a site
investigation at the subject location. As a result of this investigation, the following conditions were found
in violation of NCGS 143-215.1:
1. Wastewater discharges into creek from washing of the trucks.
2. Stormwater discharges without a permit.
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day per
violation against any person who is required but fails to secure a permit required by G.S. 143-215.1.
Penalties may also be assessed for any damage to the surface waters of the State that may result from the
unpennitted discharge. one
No -thCarolin
3a
�1alurall�
Mooresville Regional office Division of Water Quality Phone [phone] Customer Service
Internet: www.ncwatergualitv.org 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper

To comply with the General Statutes pertinent to the illegal discharges of wastewater, it
will be necessary to immediately discontinue the discharge from the truck wash until you have
connected your wastewater to the City sewer system, or obtained a permit for the construction
and operation of adequate wastewater treatment facilities.
To comply with the General Statutes pertinent to the illegal discharges of stormwater,
you must submit a completed application form and supporting fee to the Division for coverage
under Stormwater General Permit NCG080000.
ft is requested that a written response be submitted to this Office by no later than March
14, 2008 explaining action taken to eliminate all illegal discharges and the status of the
stormwater permit application and the illegal discharge from the washing operation. The
response should also indicate the discharge location of the floor drains located inside the
maintenance area.
This letter is also to advise you that this Office is considering sending a Recommendation
for Enforcement to the Director of the Division of Water Quality for the unpermitted discharges of
storrwater and for the illegal discharge of wastewater. If you have an explanation for the
violation that you wish to present, please include it in the requested response. Your
explanation will be reviewed and if an enforcerent action is still deemed appropriate, your
explanation will be forwarded to the Director, along with the enforcement package for his
consideration.
Should you have questions, please do not hesitate to contact Mr. Samar Bou-Ghazale or
me at [phone].
Sincerely,
Robert B. Krebs
Regional Supervisor
Surface Water Protection
John Hennessy, Compliance/Enforcement

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NIR ANTHONY CINQUEMAN
PUBLIC SERVICES DIREC O 3
CITY OF SALISBURY
519 N. FULTON STREET vi
SALISBURY, NC 28144 U
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