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Home My WebLink AboutWQCS00037_DV-2019-0050_20191004 ROY COOPER - ,� STATF 7b Gorernoi � ,.,.s'. MICHAEL S. REGAN c/ f +�ti„^o . Seaera,y .til- {,,� LINDA CULPEPPER • a"" NORTH CAROLINA Environment&Quality October 4, 2019 CERTIFIED MAIL#7018 1830 0001 8036 9704 RETURN RECEIPT REQUESTED City of Shelby Collection System Mr. David Hux P.O. Box 207 Shelby,NC 28151 SUBJECT: CIVIL PENALTY REMISSION REQUEST Shelby Collection System Permit WQCS00037 Case DV-2019-0050 Cleveland 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 $628.35 ($500.00 civil penalty plus $128.35 enforcement)to the total amount of$128.35 ($0.00 civil penalty plus $128.35 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. D Q� North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-9000 Thank you for your cooperation in this matter. If you have any questions,please contact Melissa Abbott at 919-707-3608 or Melissa.abbott@ncdenr.gov. Sincerely, Linda Culpepper Director, Division of Water Resources Attachment: DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet cc: Enforcement File#: DV-2019-0050 Mooresville Regional Office Central Files STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cleveland DWQ Case Number DV-2019-0050 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION City of Shelby ) 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 ( ) DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2019-0050 Region: Mooresville County: Cleveland Assessed Entity: City of Shelby Permit: WQCS00037 IN (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: Permittee States:Only one other spill has occurred at this location on October 11,2018. The City initiated an evaluation of the line(which was installed in 2009), determined the appropriate actions, opened bids on January 29,2019 and the project is currently under construction. City does not believe State has given consideration of city's efforts to comply with state bid laws and time needed for the procurement of construction materials. DWR Response:Civil penalty assessment factors were applied as per current Division guidelines. . ® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Permittee States: City of Shelby responded promptly and appropriately to halt the spill and the spill was halted within 2 hours of first report. The City has since proceeded with line replacement. DWR Response: City responded appropriately and timely to abate violation. ❑ (c) Whether the violation was inadvertent or a result of an accident: Permittee States: DWR Response: O (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 ❑ - Full Remission Retain Enforcement Costs? Yes No❑ Original Penalty(without Enforcement Costs) $ (enter amount) Partial Remission ❑ % or $ (amount remitted) Subtotal $ p Retaining Enforcement Costs $ 1LQi3( Total Revised Assessment $ /Z 2. ' /67,M L; •a Culpepper Date