NC0043974_Remission Request_20180615

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
a LINDA CULPEPPER
Water Resources Interim Director
ENVIRONMENTAL QUALITY
June 15,2018
CERTIFIED MAIL 7010 2780 0003 4825 9305
RETURN RECEIPT REQUESTED
Dr.Phillip Barry Williams, Superintendent
Public Schools of Gates County
205 Main Street
P.O.Box 125
Gatesville,NC 27938
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Buckland Elementary WWTP
PERMIT NO: NC0043974
CASE NO.: LV-2018-0049
Gates County
Dear Permittee:
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
$520.00($450.00 civil penalty plus$70.00 enforcement)to the total amount of$70.00 ($0.00 civil
penalty plus$70.00 enforcement).
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 Department of
Environment and Natural Resources.
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.
State of North Carolina'Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 707 9000

If you have any questions,please call Emily Phillips at 919-807-6479.Thank you for your cooperation in
this matter.
Sincerel , /
/13
Linda Culpepper,Interim Director
Division of Water Resources,NCDEQ
Attachment(s): DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#: LV-2018-0049
Robert Tankard,Washington Regional Office Supervisor
Central Files

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2018-0049 Region: Washington County: Gates
Assessed Entity: Gates County Schools Permit:NC0043974
0 (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:
O (c) Whether the violation was inadvertent or a result of an accident:
O (d) Whether the violator had been assessed civil penalties for any previous violations:
• (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: Gates County Schools states that they renovated in June of 2017 and returned to
service August 2017. They have not met limit requirements for ammonia,nitrogen,or DO on a
regular basis. NC Dept of Public Instruction has tried to assist since November 2017. The estimated
cost analysis to address the limit violation issue is $28,400, and the work will not begin until June
11th,2018. The plant will not be in service, due to repairs,until August 16th,2018.
DWR Response:
DECISION(Check One)
Request Denied ❑
Full Remission I1 Retain Enforcement Costs? Yes No❑
Partial Remission❑ $ (Enter Amount)
/
V7/P
mda Culpepper Date

NC0043974 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Gates DWQ Case Number LV-2018-0049
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Gates County Schools )
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( )