HomeMy WebLinkAboutAQ_F_0200089_20210326_ENF_RemissLet ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary +
MICHAELA.ABRACZINSKAS NORTH CAROLINA
Director Environmental Quality
CERTIFIED MAIL RETURN RECEIPT RE UESTED
7019 2280 0000 6513 7777
March 26, 2021
Mr. Clyde Goble,President
Royale Comfort Seating,Inc. -Plant No. 1
PO Box 235
Taylorsville,NC 28681
SUBJECT: Request for Remission of Civil Penalty Pursuant to NCGS 143-215.114A(e)
File No.: DAQ 2020-069
Violator: Royale Comfort Seating,Inc. -Plant No. 1
County: Alexander
Facility ID: 0200089
Dear Mr. Goble:
Pursuant to authority delegated to me by NCGS 143-215.114A.(g),I have considered the information
submitted in support of your request for remission in accordance with NCGS 143-215.114A.(e), and have not
found grounds to modify your assessment of$1,196(Civil Penalty of$1,000 plus Investigative Costs of$196).
However, I will allow you to pay the penalty in installments. If you choose this option,please contact Amy
Vanderkop at 919-707-8432 to arrange for a payment plan.
Should you choose to pay the full penalty, you may send a check or money order to the North Carolina
Department of Environmental Quality(NCDEQ). Please submit payment within thirty (30)days of receipt of
this letter to the attention of:
Enforcement Group Payment
Department of Environmental Quality
Division of Air Quality
1641 Mail Service Center
Raleigh,North Carolina 27699-1641
Please be advised,that it is the policy for NCDEQ to charge and collect a processing fee of$25.00 for
checks on which payment has been refused by the bank because of insufficient funds or because of an invalid
bank account.
If payment is not received within thirty (30) days of receipt of this letter,in accordance with NCGS
143-215.114A.(e), your request for remission of the civil penalty with supporting documents and my
recommendation to deny the request with supporting documentation will be delivered to the North Carolina
Environmental Management Commission's (EMC) Civil Penalty Remission Committee(Committee)for
final agency decision.
E .) North Carolina Department of Environmental p Quality I Division of Air Quality
217 West Jones Street,Suite 4000 11641 Mail Service Center I Raleigh,NC 27699-1641
NORTH cma�,� .���� a' 919 707 8400 T
O9plNpryrtora R 14 P`'
Mr. Goble
March 26, 2021
Page 2
If you desire to make an oral presentation to the Committee on why your request for remission meets one or
more of the five statutory factors you were asked to address,you must complete and return the enclosed form
within thirty(30)days of receipt of this letter. Please mail the completed form to:
Enforcement Group-EMC Request
Department of Environmental Quality
Division of Air Quality
1641 Mail Service Center
Raleigh,North Carolina 27699-1641
If you request to orally present your case to the EMC,you will be notified by certified mail of the date,
time, and place that your oral presentation can be made. Otherwise,the final decision on your request for
remission will be made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter,please contact
Thaochi Vu at 919-707-8433.
Sincerely,
jl'e�z -Id-
Michael A.Abraczinskas,Director
Division of Air Quality,NCDEQ
Enclosure: Request for Oral Presentation
cc: Bruce J. Ingle,Regional Supervisor Mooresville Regional Office
Enforcement File(DAQ 2020-069)
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF Alexander DAQ Case Number:2020-069
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Royale Comfort Seating,Inc.-Plant No. 1 )
I hereby request to make an oral presentation before the Environmental Management Commission's(EMC)Committee on Civil Penalty
Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements:
• Making a presentation will require the presence of myself or my representative during a Committee meeting held in Raleigh,North
Carolina.
• Mv Presentation will be limited to discussion of issues and information submitted in my on inal remission re guest,and because no
factual issues are in dispute,my presentation will be limited to three(3)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remission are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion
and whether anyone will be speaking in a representative capacity for you or a business or government entity. If you or your representative
would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership,or municipality,the State Bar's Opinion affects how you may proceed
with your oral presentation. See www.ncbar.com/ethics. Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner,then you do not need legal representation before the Committee;however,if you
intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or
consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized
practice of law.
• If you are a corporation,partnership or municipality,then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney. Non-lawyers may present facts but
must not offer legal representation or legal opinion.
If you choose to request an oral presentation please make sure that signatures on the previously submitted Remission Request form and
this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations,partnerships
and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is
informed that a violation of the State Bar occurs. This the day of ,20
SIGNATURE
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ADDRESS
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