HomeMy WebLinkAboutWQ0013808_Enforcement (Other)_20210610ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 10, 2021
CERTIFIED MAIL NO.7018 1130 0000 1612 5372
RETURN RECEIPT REQUESTED
DAN WITCHER
KOTIS PROPERTIES, INC.
POST OFFICE BOX 9296
GREENSBORO, NORTH CAROLINA 27429
Subject: Settlement Agreement
PermitNo. WQ0013808
Summerfield Shopping Center WWTF
Case No. PC-2019-0042
Guilford County
Dear Mr. Witcher:
On July 24, 2019, the Division of Water Resources (DWR) assessed a civil penalty in the amount
of $5,564.88 ($5,000.00 civil penalties + $564.88 enforcement costs) against Kotis Properties,
Inc. in the matter of case PC-2019-0042 for violations of Non -Discharge Permit No.
WQ0013808 discovered during a March 19, 2019 inspection of the Summerfield Shopping
Center's wastewater irrigation system. Kotis Properties, Inc. requested remission of the assessed
penalty. On November 7, 2019, DWR considered the request for remission and reduced the
amount of assessed penalties by $1,000.00, making the total amount due for this case to be
$4,564.88 ($4,000.00 civil penalties + $564.88 enforcement costs).
Kotis Properties, Inc. rejected DWR's remission decision and pursuant to N.C.G.S. 143-
215.6A(f), requested to have its remission request taken to the North Carolina Environmental
Management Commission's (EMC) Committee on Civil Penalty Remissions for a final agency
decision. Kotis Properties, Inc. additionally requested to appear before the Committee to present
its remission request. The Committee meeting was originally scheduled to occur on March 5,
2020 but was canceled upon the initiative of the EMC even as representatives of Kotis
Properties, Inc. and DWR's Winston-Salem Regional Office were in transit to the meeting's
location in Raleigh. With the onset of the COVID-19 pandemic and responses made to minimize
risk to public health regarding the holding of public meetings, the EMC has, to date, not
rescheduled a meeting of the Committee to consider the remission request.
Q�� North Carolina Department of Environmental Quality I Division of Water Resources
E512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
NCRTH URq.INA ``
oewna�,naan.waw` C� 919.707.9000
In the meantime, DWR and Kotis Properties, Inc. have participated in settlement discussions
regarding the assessed penalties. In order to facilitate resolution of this matter and to expedite its
conclusion, DWR and Kotis Properties, Inc. have agreed to settle the above -described civil
penalty for the total amount of $2,564.88 ($2,000.00 civil penalties + $564.88 enforcement
costs).
Payment shall be remitted within thirty (30) days of receiving this notification. Payments
should be made by check payable to the North Carolina Department of Environmental Quality
and submitted to the attention of:
Division of Water Resources
Non -Discharge Branch
ATTN: Chloe Lloyd
1617 Mail Service Center
Raleigh, NC 27699-1617
In its acceptance of this agreement, Kotis Properties, Inc. hereby waives its right to pursue
further consideration of its remission request before the EMC's Committee on Civil Penalty
Remissions and understands that failure to submit payment as per the terms of this agreement
will cause the modified penalty from the DWR's initial remission decision to immediately
become due. Kotis Properties, Inc. also acknowledges that DWR reserves the right to take
enforcement action against the facility for additional violations should they occur.
For Kotis Properties, Inc.:
Ao'_
Signature � i gn of S gning Official
For the North Carolina Department of Environmental Quality:
Dor"Siyned br.
Pbupav�
Jeff Poupart, Water Quality Section Chief
Date: utv ;2- a,� /
Date:
6/10/2021
cc: Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)