WQCS00132_DV-2019-0068_20191004

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MICHAEL S. REGAN
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NORTH CAROLINA
Environmental Quality
October 4, 2019
CERTIFIED MAIL#7018 1830 0001 8036 9759
RETURN RECEIPT REQUESTED
Chad B. Simons, Town Manager
Town of Murphy
P.O. Box 130
Murphy,NC 28906
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Town of Murphy
Permit WQCS00132
Case DV-2019-0068
Cherokee County
Dear Mr. Simons:
The Division has considered the information submitted in support of your request for remission in the
subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the
original civil penalty assessment of$714.56.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of
receipt of this letter. Please make the check payable to NC DEQ.
If payment is not received within thirty(30) days of receipt of this letter, in accordance with NCGS §
143-215.6A (f), your request for remission of the civil penalty(with supporting documents) and my
recommendation to deny the request will be delivered to the North Carolina Environmental Management
Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision.
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
attached form within thirty(30) days of receipt of this letter. Please mail the completed form to:
Ms. Melissa Abbott
NC DEQ/DWR/PERCS
1617 Mail Service Center
Raleigh,NC 27699-1617
D_Q
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, 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
Melissa Abbott at(919) 707-3608 or [e-mail].
Sincerely,
z
Linda Culpepper
Director, Division of Water Resources
cc: Enforcement File
Asheville Regional Office

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Cherokee DWQ Case Number DV-2019-0068
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Murphy )
I hereby request to make an oral presentation before the Environmental Management Commission's
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:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5)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 Remissions 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 governmental 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 and are granted an opportunity to make an oral presentation before
the Committee, 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 and are granted an opportunity to make an oral
presentation before the Committee,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.Presentation of facts
by non-lawyers is permissible.
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 TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE( )

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2019-0068 Region: Asheville County: Cherokee
Assessed Entity: Town of Murphy Permit: WQCS00132
O (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
O (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:A portion of the sewer line has a reverse grade.Heavy rain events will cause the
line to surcharge and future SSO's will be unavoidable until the line is replaced.The Emergency State
funding application has been rejected but the State encouraged the town to submit an application for
Spring funding due by April 30, 2019. A catch basin has been constructed and seems to be a viable
stop-gap measure.
DWR Response:The catch basin was constructed a week after this SSO occurred. Sufficient
measures were not taken prior/during this SSO event, and therefore we do not support any remission
of the penalty.
0 (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
El (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:

DECISION(Check One)
Request Denied X
Full Remission ❑ Retain Enforcement Costs? Yes El No El
Original Penalty(without Enforcement Costs) $ (enter amount)
Partial Remission ❑ % or $_ (amount remitted)
Subtotal $
Retaining Enforcement Costs $
Total Revised Assessment $
ia707
da Culpepper Date
61