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Home My WebLink AboutWQCS00280_DV-2019-0116_20191107 ROY COOPER Governor N :' MICHAEL S. REGAN Secretary LINDA CULPEPPER Water Resources Director ENVIRONMENTAL QUALITY November 7, 2019 CERTIFIED MAIL ITEM 7015 0640 0007 9833 5981 -RETURN RECEIPT REQUESTED Mr. William Doerfer Town Manager P.O. Box 1006 Liberty, NC 27298 SUBJECT: CIVIL PENALTY REMISSION REQUEST Liberty Collection System Permit WQCS00280 Case DV-2019-0116 Randolph County Dear Mr. Doerfer: I have considered the information submitted by your municipality in support of a request for remission in the subject case. In accordance with NCGS 143-215.6A (f), I have found no cause to remit the original civil penalty assessment of$2,400.72. 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 penalties (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: Mr. Charles H. Weaver 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 DEQ North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-3699 DV-2019-0116 Remission Decision Page 2 of 3 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 Mr. Weaver at (919) 707-3616 or charles.weaver@ncdenr.gov. • rely, Linda Culpepper Director, Division of Water Resources cc: NPDES file DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2019-0116 Region: Winston-Salem County: Randolph Assessed Entity: Town of Liberty Permit: WQCS00280 . 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: ❑ (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: DWR Response: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Permittee States: DWR Response: ® (e) Whether payment of the civil penalty will prevent payment for`the remaining necessary remedial actions: Permittee States:The town has been awarded a grant to develop and implement a plan to address compliance issues with infiltration and inflow being most impactful sources. The town will be under an SOC which they have begun discussing with RO. The town conveys they have made great efforts to remedy their system and states their population is low and mostly made up of customers who live on fixed incomes or below state median household. The CIP plan was attached. The town states that paying the fines associated with this penalty will take away from their ability to complete some of the work. DWR Response:The issues have been going on for some time now. Can hold in abeyance if they request to be put under an SOC. DECISION(Check One) Request Denied ;I Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑ Original Penalty(without Enforcement Costs) $ 2250 (enter amount) Partial Remission ❑ % or $ (amount remitted) Subtotal $ 2.2450, Retaining Enforcement Costs $ /66. 0,7-1- Total Revised Assessment $ 0/00 . 7Z l j::a Culpepper ate DV-2019-0116 Remission Decision Page 3 of 3 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Randolph DWQ Case Number DV-2019-0116 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Town of Liberty ) 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.) MAILING ADDRESS eMail TELEPHONE( )