CASE BACKGROUND AND ASSESSMENT
AGENDA ITEM:
14-03 REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT
DWR Case Number: DV-2013-0022
Region: Raleigh
County: Wilson
Assessed Entity: Fikewood Retail LLC
CASE BACKGROUND AND ASSESSMENT
3/8/2013
Raleigh Regional Office (RRO) staff observed the pump station at Fikewood Shopping Center overflowing. Wastewater was flowing out of the wet well onto the parking lot at an estimated rate of 200 gallons per hour. The wastewater was observed flowing across the parking lot into a storm drain and discharging into an unnamed tributary to Toisnot Swamp which are Class C nutrient sensitive waters. The pump station did not have emergency contact signage or other contact information for use in case of an overflow, emergency or to address active alarms. The visual alarm (a flashing red light) was activated but no audible alarm was operable or installed. DWQ notified Fikewood Retail LLC of the system overflow/pump station failure at 3:30 PM.
3/26/2013
A Notice of Violation - Notice of Intent to Enforce (NOV/NOI) was issued to Fikewood Retail LLC for the March 8th overflow, discharge to surface waters, failure to effectively maintain and operate the system and failure to submit a 5-day written report regarding the overflow. The NOV/NOI requested a written response within 30 days.
5/6/2013
On May 6th, RRO staff contacted Fikewood Retail LLC via telephone and email because a written response had not been received within 30 days. On May 8th, Fikewood responded via email that there was a new contact person for the pump station, an emergency contact sign had been posted and they would make arrangements for an audible alarm if the flashing red light was not acceptable. In addition, the plumbing company responsible for the pump station was “no longer in the picture”. On May 20th, RRO received a written response from Fikewood Retail LLC that reiterated the email information and also stated that a contact sign had been posted but must have been removed, blown away or come off. Fikewood also stated that the cause of the overflow was due to excessive, heavy rain falls.
6/10/13
Assessment of Civil Penalty signed by Jeff Poupart. The assessment document was not transmitted to Fikewood until 10/4/13. Fikewood was assessed: $7,033.76 ($6,800.00 civil penalty plus $233.76 enforcement costs). - $4,800 for violation of NCGS 143-215.1(a)(1) by making an outlet to waters of the State. - $1000 for violation of 15A NCAC 02T .0403(a)(1) by failing to 1
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effectively maintain and operate the sewer system to prevent discharges to land or surface waters. $1000 for violation of 15A NCAC 02T .0403(a)(7) by failing to report the overflow to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice the discharge of wastewater as required by G.S. 143-215.1C.
10/4/13
A letter transmitting Assessment of Civil Penalty was sent to Fikewood; however, no green card was returned.
1/27/2014
The transmittal letter and Assessment of Civil Penalty was resubmitted to Fikewood.
1/30/2013
The green card for information sent on 1/27/14 was signed by Fikewood.
REMISSION REQUEST
2/12/2014
DWR received a fax with Fikewood’s remission request. The request stated that civil penalty assessment factors were wrongly applied, environmental damage was promptly abated, the violation was inadvertent or accidental, and that payment would prevent payment for remaining necessary remedial actions.
2/24/2014
The supervisor of the Water Quality Permitting Section of DWR, per his delegation from the Director, considered the information in the remission request and did not find grounds to modify the civil penalty assessment.
REQUEST FOR ORAL PRESENTATION
2/25/2014
Fikewood was notified via certified mail that the remission request was denied and that their request to make an oral presentation before the EMC on March 13, 2014 was granted. The remission request for the prior enforcement case against Fikewood (DV-2012-0037) is also on the agenda.
PRIOR ENFORCEMENT HISTORY
2/30/2012
Fikewood was assessed a civil penalty of $4,678.41 ($4,000.00 penalty plus $678.41 enforcement costs) for making an outlet to waters of the state without a permit.
DWR RECOMMENDATION The Division of Water Resources opposes remission or mitigation of the penalty and recommends that the decision be upheld.
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14-03 REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT
DWR Case Number: DV-2013-0022
Region: Raleigh
County: Wilson
Assessed Entity: Fikewood Retail LLC
CASE BACKGROUND AND ASSESSMENT
3/8/2013
Raleigh Regional Office (RRO) staff observed the pump station at Fikewood Shopping Center overflowing. Wastewater was flowing out of the wet well onto the parking lot at an estimated rate of 200 gallons per hour. The wastewater was observed flowing across the parking lot into a storm drain and discharging into an unnamed tributary to Toisnot Swamp which are Class C nutrient sensitive waters. The pump station did not have emergency contact signage or other contact information for use in case of an overflow, emergency or to address active alarms. The visual alarm (a flashing red light) was activated but no audible alarm was operable or installed. DWQ notified Fikewood Retail LLC of the system overflow/pump station failure at 3:30 PM.
3/26/2013
A Notice of Violation - Notice of Intent to Enforce (NOV/NOI) was issued to Fikewood Retail LLC for the March 8th overflow, discharge to surface waters, failure to effectively maintain and operate the system and failure to submit a 5-day written report regarding the overflow. The NOV/NOI requested a written response within 30 days.
5/6/2013
On May 6th, RRO staff contacted Fikewood Retail LLC via telephone and email because a written response had not been received within 30 days. On May 8th, Fikewood responded via email that there was a new contact person for the pump station, an emergency contact sign had been posted and they would make arrangements for an audible alarm if the flashing red light was not acceptable. In addition, the plumbing company responsible for the pump station was “no longer in the picture”. On May 20th, RRO received a written response from Fikewood Retail LLC that reiterated the email information and also stated that a contact sign had been posted but must have been removed, blown away or come off. Fikewood also stated that the cause of the overflow was due to excessive, heavy rain falls.
6/10/13
Assessment of Civil Penalty signed by Jeff Poupart. The assessment document was not transmitted to Fikewood until 10/4/13. Fikewood was assessed: $7,033.76 ($6,800.00 civil penalty plus $233.76 enforcement costs). - $4,800 for violation of NCGS 143-215.1(a)(1) by making an outlet to waters of the State. - $1000 for violation of 15A NCAC 02T .0403(a)(1) by failing to 1
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effectively maintain and operate the sewer system to prevent discharges to land or surface waters. $1000 for violation of 15A NCAC 02T .0403(a)(7) by failing to report the overflow to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice the discharge of wastewater as required by G.S. 143-215.1C.
10/4/13
A letter transmitting Assessment of Civil Penalty was sent to Fikewood; however, no green card was returned.
1/27/2014
The transmittal letter and Assessment of Civil Penalty was resubmitted to Fikewood.
1/30/2013
The green card for information sent on 1/27/14 was signed by Fikewood.
REMISSION REQUEST
2/12/2014
DWR received a fax with Fikewood’s remission request. The request stated that civil penalty assessment factors were wrongly applied, environmental damage was promptly abated, the violation was inadvertent or accidental, and that payment would prevent payment for remaining necessary remedial actions.
2/24/2014
The supervisor of the Water Quality Permitting Section of DWR, per his delegation from the Director, considered the information in the remission request and did not find grounds to modify the civil penalty assessment.
REQUEST FOR ORAL PRESENTATION
2/25/2014
Fikewood was notified via certified mail that the remission request was denied and that their request to make an oral presentation before the EMC on March 13, 2014 was granted. The remission request for the prior enforcement case against Fikewood (DV-2012-0037) is also on the agenda.
PRIOR ENFORCEMENT HISTORY
2/30/2012
Fikewood was assessed a civil penalty of $4,678.41 ($4,000.00 penalty plus $678.41 enforcement costs) for making an outlet to waters of the state without a permit.
DWR RECOMMENDATION The Division of Water Resources opposes remission or mitigation of the penalty and recommends that the decision be upheld.
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