WQCS00106_DV-2021-0108_Remission Decision_20210812

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL # 7013 2630 0001 899S 4520
RETURN RECEIPT REQUESTED
David E. Johnson, Utility Director
Davie County Water System
128 South Main Street
Mocksville, NC 27028
SUBJECT:
Dear Permittee:
CIVIL PENALTY REMISSION REQUEST
Cooleemee Collection System
Permit WQCS00106
Case No. DV-2021-0108
Davie County
The Division has considered the information submitted in support of your request for remission in accordance with
G.S. 143-215.6A(f) and has decided to modify the initial civil penalty assessment of $1,389.11 ($1,250.00 civil penalty
plus $139.11 enforcement) to the total amount of $1.139.11.
Should you choose to pay the modified penalty, payment should be tendered to me at the letterhead address within
thirty (30) days of receipt of this letter. Please make checks payable to the NC Department of Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty Remissions, which is comprised
of members of the Environmental Management Commission. The Committee may consider such requests and render
final and binding decisions in these matters. You may argue your request before the Committee, and the Division staff
will argue against any reduction of the assessment.
Should you choose to present your request to the Committee, please notify me at the letterhead address within thirty
(30) days of the receipt of this letter. Your request will be placed on the agenda of an upcoming Committee meeting,
and you will be notified of the date and time. If the Division does not receive a response regarding this notice, Division
staff will automatically place your case on the agenda of a future Committee meeting.
Thank you fOr your cooperation in this matter. If you have any questions, please contact Celeste Sugg at
919-707-3628 or Jeleste.sugg(a�ncdenr.go, .
Sincerely,
S. Daniel Smith
For Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) & Request for Oral Presentation Sheet
cc: Enforcement File No. DV 2021-0108
Winston Salem Regional Office
7..pA9-1)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

WQCS00106 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Davie DWQ Case Number DV-2021-0108
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Cooleemee Collection System
REQUEST FOR ORAL PRESENTATION
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 partnershii, 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
TETAPHONE •

DIVISION OF WATER RESOURCES
CIVIL PENALTY RENIISSION FACTORS
Case Number: DV-2021-0108 Region: Wmston-Salem County: Davie
Assessed Entity: Davie County Water System_ Permit: WQCS00106
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The Staff became suspicious of a sewer leak in the CooIeemee WWTP
catchment area on 1/19/21 when flow to the treatment plant seemed lower than normal.
The leak was located within 65 hours and completely repaired within 7 hours.
DWR Response: It took 65 hours to locate the leak on a high priority line, and 65,000 gallons
spilled.
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The leak was completely inadvertent and occurred as a result of
undermining during a storm event. A purely natural cause.
DWR Response: Permit does require permittee to identify and designate lines subject to erosion
damage as high priority and inspect them once every six-month period of time.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: Davie has not been assessed civil penalties for any previous violations.
DWR Response: They have had previous SSOs...8 over previous 5 years.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: _ DV-2021-0108 Region: Winston-Salem County: Davie
Assessed Entity: Davie County Water System_ Permit: WQCS00106
DECISION (Check One)
Request Denied ❑
Fu11 Remission ❑ Retain Enforcement Costs? Yes No ❑
Original Penalty (without Enforcement Costs) $ 1,250.00 (enter amount)
Partial Remission r %_20_ or $ 250.00_ (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
For S. Daniel Smith
$_1,000.00_
$_139.11
$_1,139.11_