NC0020451_Remission Decision (LV-2020-0237)_20210420

ROY COOPER
Governor
DIONNE DELLI-GATTI `
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 20, 2021
CERTIFIED MAIL #70181830000180370977
RETURN RECEIPT REQUESTED
Bentley Price
Town of West Jefferson
PO Box 400
West Jefferson, North Carolina 28694
SUBJECT: Transmittal- Partial Remission of Civil Penalties
For Case Number LV-2020-0237
For the West Jefferson WWTP
NPDES Permit NC0020451
Ashe County
To Mr. Price:
The Division of Water Resources (DWR or the Division) has considered your information submitted in
support of West Jefferson's request to remit civil penalties in the subject case.
In accordance with NCGS 143-215.6A(f), the DWR has modified the initial civil penalty assessment of
$375.72 [$250.00 civil penalty and $125.72 enforcement costs].to a reduced total of$325.72 ($250.00
civil penalty plus $125.72 enforcement).
Your outstanding balance is therefore$325.72. This amount is now due and payable. Two options are
available to you:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality(DEQ). Send payment, within thirty(30) calendar days of receiving this letter, to:
Attention: Wren Thedford
NCDEQ/DWR/SWPS/Point Source Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Your payment must be submitted within thirty(30) days in accordance with NCGS §143-215.6A (f). If
not received, your request for penalty remission (with its supporting documents), together with DWR's
recommendations, will be delivered to the North Carolina Environmental Management Commission's
(EMC's) Committee on Civil Penalty Remissions (the Committee) for final agency decision.
OR
ET) North Carolina Department of Environmental Quality I Division of Water Resources
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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 addressed, you must complete and return the
enclosed form(s)within thirty(30)days of receipt of this letter. Please mail completed form(s)
to:
Attention: Bob Sledge
NC DEQ/DWR/NPDES /Point Source Branch
1617 Mail Service Center
Raleigh,NC 27699-1617
Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman
and, if it is determined that there is a compelling reason to require an oral presentation by you, the
Commission will notify you by certified mail of the date, time, and place for your oral presentation.
Otherwise, the final decision on your request for remission will be made by the Committee based on the
written record.
Thank you for your continued cooperation in this matter. If you have questions about this transmittal,
please contact me at [[e-mail]].
Sincerely,
Joe . Corpo n, P.G
Co pliance d Expedited Permitting Unit
Enclosed: Request for Oral Presentation form
Attached: Civil Penalty Remission Review—signed,Case Number LV-2020-0273
ec: Enforcement File LV-2020-0273
Winston-Salem Regional Office(WSRO)
Central Files[Laserfiche]
Page 2 of 3

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kan . 7 S-a% ) G r`� take Nanalle 1,:-20;20i.0,2R1
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of West Jefferson
West Jefferson WWTP )
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 ( )
Page3of3

DocuSign Envelope ID:7DF6C26E-0B97-4401-8BCE-AACE02042324
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS—Summary and Signature Page
Case Number: LV-2020-0273 Region: Winston-Salem County: Ashe
Assessed Entity: o l,ticirWest I ,fegat Permit: NC0020451
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Not asserted
X (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:We feel the laboratory results from 15Apr2020 for Total Copper are in error or
otherwise not representative;we consider these results an outlier[alleged-not verified by the
laboratory]based on subsequent results,we have attached other data from different sample events
contradicting these results.We have since changed to a different lab that provides quicker turn-a-
round so we can respond faster to problems.We also monitor copper through the Pre-Treatment
Program.
DWR Response:The Division notes that the degree and extent of harm to resources,public health
and private property are moderate;duration and gravity of infractions also moderate;no costs
incurred rectifying the problem.The Division does not allege that the Permittee committed the
violations willfully or intentionally. Compliance over the past 12 months includes one other violation.
WSRO recommends 20%remission. since they do not have a significant violation history.However,
they received an NOD in 2018 for copper;NOV in 2019 for copper.
❑ (c) Whether the violation was inadvertent or a result of an accident:
Not asserted
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Not asserted
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Not asserted
NOTE: Red X remission factor, chosen by the Permittee, asserts remission based on Factor O.

DocuSign Envelope ID:7DF6C26E-0B97-4401-8BCE-AACE02042324
Original Assessment Total=$375.72
DECISION(Check One)
Request Denied ❑
Full Remission 0 Retain Enforcement Costs? co
Non
Original Penalty(without Enforcement Costs) $250.00
Partial Remission ® Remit 20% or $50.00
Subtotal $200.00
Retaining Enforcement Costs +$125.72
Total Penalty $325.72
EDocuSigned by:
_ 4/14/2021
83281344CE9EB4A1...
for S.Daniel Smith Date