NC0037001_LV-2019-0085_20191009

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NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL#7003 2260 0005 5380 5190
RETURN RECEIPT REQUESTED
Edgar C. Stophel,Director of Maintenance
do Sonia Parks,Rockingham Board of Education
391 County Home Road
Readsville,North Carolina 27320
Subject: Your Request to Remit Civil Penalties
Case Numbers LV-2019-0085
For Bethany Elementary School WWTP
NPDES Permit NC0037001
Rockingham County
Mr. Stophel:
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$302.10.
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 (the 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:
Joe R. Corporon
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
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
-DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

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
Joe Corporon at(919) 707-3617 or [e-mail].
Sincerely,
•
for Linda C A pepper, Director
Division I Water Resources
cc: Enforcement File
Winston/_Salem_Regional Office(WSRO)
Central Files

DIVISION OF WATER RESOURCES
CIVIL--PENALTY RENIISSION FACTORS
Case Number: LV-2019-0085 Region: Winston-Salem County:Rockingham
Assessed Entity: Rockingham County Dept.of Education Permit:NC0037001
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: Not asserted.
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:Not asserted.
DWR Response:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
...that fecal limit exceedances persisting from Sep2018 to May2019 may have resulted from
"our use of Envirox," [discontinued 14May2019];about non-compliance,the Permittee further
states,"We are not yet sure there is a connection."
DWR Response:
1. Permittee's compliance record shows multiple fecal violations over the previous nine(9)months;
2. The cause/effect relationship of chemical use to compliance remains unsubstantiated.
3. Permittee has received a subsequent assessment and has requested remission for a fecal coliform
Daily Maximum violation [case LM-2019-0026 for Apr2019$300.00 plus costs=$300+$115.13
=$415.13];but to date DWR has received no signed Waiver of Rights to Hearing..."
4. DWR deems"cleaning of UV sleeves"a routine maintenance activity that the Permittee should
have long-since implemented.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: Not asserted.
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:Not asserted.
DWR Response:

DECISION(Check One)
Request Denied X
Full Remission ❑ Retain Enforcement Costs? Yes X No ❑
Original Penalty(without Enforcement Costs) $300.00(enter amount)
Partial Remission ❑ % or $0.00 (remitted)
Subtotal $300.00
Retaining Enforcement Costs +$115.13
Total Revised Assessment $415.13
ZA7t. r /4/W
a Culpepper Date

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
•
COUNTY OF Rockingham DWQ Case Number LV-2019-0085
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Rockingham County Board of Education )
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 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 yyour 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 potential violation of the statute concerning the authorized practice of law has occurred.
This the day of ,20
SIGNATURE
TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE( )