WQCS00132_Remission (Request)_20190405

I,
ROY COOPER
r,use STATE o Cove,nor
rThAy rf' ram,
4 - i! MICHAEL S. REGAN
7
'1y..
Sec,etau
•
LINDA CULPEPPER
r .= •
D,,ector
NORTH CAROLINA
Enwironrmental Quality
April 5, 2019
CERTIFIED MAIL#9590 9402 3665 7335 1009
RETURN RECEIPT REQUESTED
Mr. Chad B. Simons
Town of Murphy
PO Box 130
Murphy,NC 28906
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Town of Murphy Collection System
Permit: WQCS00132
Case: DV-2019-0031
Cherokee County
Dear Mr. Simons,
The Division has considered the information submitted in support of your request for remission in the
subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the
original civil penalty assessment of$613.52.
If you choose to pay the penalty, send payment to the letterhead address within thirty(30) days of
receipt of this letter. Please make the check payable to NC DEQ.
If payment is not received within thirty(30) days of receipt of this letter, in accordance with NCGS §
143-215.6A(f), your request for remission of the civil penalty(with supporting documents) and my
recommendation to deny the request will be delivered to the North Carolina Environmental Management
Commission's (EMC) Committee On Civil Penalty Remissions (Committee) for final agency decision.
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 were asked to address, you must complete and return the
attached form within thirty(30) days of receipt of this letter. Please mail the completed form to:
Ms. Celeste Sugg
NC DEQ/DWR/PERCS Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, you will be notified by certified mail of the date, time, and place that your oral presentation can be
made. Otherwise, the_final decision on your request for remission will be made by the Committee based
on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter,please contact
Celeste Sugg at(919) 707-3628 or [e-mail].
Sincerely,
Celeste Sugg
NC DEQ, Division of Water Resources, PERCS Unit
cc: Enforcement File
Raleigh Regional Office
Asheville RO Files

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Cherokee DWQ Case Number DV-2019-0031
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
TOWN OF MURPHY )
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 hcensed 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 ( )

DIVISION OF WATER RESOURCES
CIVIL,PENALTY REMISSION FACTORS
Case Number: DV-2019-0031 Region: Asheville County: Cherokee
Assessed Entity: Town of Murphy Collection System Permit: WQCS00132
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:
DWR Response:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:A recent survey revealed that a portion of this sewer main has a reverse grade.
Emergency funding has been sought for repair,but recurring SSOs are unavoidable. A catch basin
was constructed to trap raw sewer,which will be pumped back into the manhole
DWR Response:This violation occurred on December 9,2018. The catch basin was not constructed
until February 20, 2019. Pump trucks were not called out to stop the overflow. More actions could
have been taken to stop or minimize this overflow.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:
DECISION(Check One)
Request Denied LJ
Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑
Partial Remission❑ $ (Enter Amount) .
- ( 6
Linda Culpepper Dat