WQCS00010_DV-2022-0136 Remission (Decision)_20230210

DocuSign Envelope ID: 0395637A-EAAB-4E9F-ABB3-EOBC211 CB792
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
2/10/2023
CERTIFIED MAI 7016 1830 0001 8035 4731
RETURN RECEIPT REQUESTED
Mr.Robby Stone
Utilities Director
City of High Point
P.O Box 230
High Point, NC 27261-0230
Subject:
Dear Permittee:
REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
High Point Collection System
Guilford County
PERMIT NO: WQCS00010
CASE NO: DV-2022-0136
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 remit the civil penalty in the amount of $891.41.
An enforcement cost of $141.41 is still due. 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 Department of
Environmental Quality.
Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division
from taking future enforcement actions against the subject facility should additional violations occur.
Thank you for your cooperation in this matter. If you have any questions about this letter, please contact
Celeste Sugg at [phone] or via e-mail at [e-mail].
Sincerely,
1-DocuSigned by:
"-C464531431644FE...
For Richard E. Rogers, Jr.
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy)
cc: Laserfiche
NCDEQ Winston Salem Regional Office
NORTH CAROLINA
Department M Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 0395637A-EAAB-4E9F-ABB3-EOBC211 CB792
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2022-0136 Region: Winston Salem County: Guilford
Assessed Entity: High Point Collection System Permit: WQCS00010
❑ (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:
• (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The bubbler system malfunction caused incorrect wet well levels to be
communicated through the SCADA system. This was compounded by a failure in the backup
level float system that caused it to fail to alarm as the wet well reached critical levels. The
combined communication failure of both primary and secondary systems caused the SCADA
system to display acceptable wet well levels as well as no alarms despite wastewater backing up
in the sewer gravity main.
DWR Response: DWR acknowledges that the permittee had both primary and secondary alarm
systems as required. However, both systems failed. Therefore, the violation was inadvertent.
n (d) Whether the violator had been assessed civil penalties for any previous violations:
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ® Retain Enforcement Costs? Yes ® No ❑
Original Penalty (without Enforcement Costs) $891.41 (enter amount)
Partial Remission n % 100 or $750.00 (amount remitted)
Subtotal
Retaining Enforcement Costs
$0.00
$ 141.41
Total Revised Assessment $141.41
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C464531431644FE...
For Richard E. Rogers, Jr.

DocuSign Envelope ID: 0395637A-EAAB-4E9F-ABB3-EOBC211 CB792
WQCS00010 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Guilford DWR Case Number DV-2022-0136
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
High Point 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, 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 ( )