WQCS00003_DV-2019-0079_20191004

ROY COOPER
*i STII]i Gove not
MICHAEL S. REGAN
-f 14 ` n ' Sectelmy
� i
$6 �"'7 ' LINDA CULPEPPER
,fi r Doecla
fa, rirta K_.
NORTH CAROLINA
Environmental Quality
October 4, 2019
CERTIFIED MAIL #7018 1830 0001 8036 9780
RETURN RECEIPT REQUESTED
Courtney Driver, P.E. Director of Utilities
City of Winston Salem
C/O Kenny Atkins, WSFCU
P.O. Box 2511
Winston-Salem,NC 27102
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Winston Salem Forsyth County Utilities
Permit WQCS00003
Case DV-2019-0079
Forsyth 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
$1898.58($750.00 civil penalty plus $148.58 enforcement) to the total amount of$523.58 ($375.00 civil
penalty plus $148.58 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.
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 [e-mail].
Sincerely,
r-Linda Culpepper
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File#: DV-2019-0079
WSRO Regional Office

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Forsyth DWQ Case Number DV-2019-0079
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of Winston Salem )
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 mdividual 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-2019-0079 Region: WSRO County: Forsyth
Assessed Entity: City of Winston Salem Permit: WQCS00003
(a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:Incident no. 201900388 located at 3435 Patterson Avenue was caused by a release
of commercial grease from neighboring restaurants.
Incident no. 201900396 located at 140 Weatherwood Court was caused by a release of residential
grease adjacent to an apartment complex.
DWR Response:We do not believe this constitutes wrongful application of assessment factor(s).
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:Incident no. 20190088 the WSFCU promptly responded to and minimized
continuing environmental impact with the Collection System first responders arriving within 30
minutes of notification.The blockage was cleared and the SSO stopped within 2 hours of
identification. The WSFCU Grease Compliance Officer distributed outreach pamphlets to the nearby
food service establishments to prevent future grease-related spills.
Incident no. 201900396-An active SSO event was identified by a sewer maintenance contactor in the
easement adjacent to 140 Weatherwood Court. Staff attempted to clear the blockage with high
pressure jetting,but the historical high rainfall made access to the upstream manhole location with the
jetting equipment unlikely.A containment hole was dug to provide relief for the spill and portable
pumps were used to drain the wastewater from the containment hole in the system. The upstream
manhole was improved and the blockage was cleared.The WSFCU Grease Compliance Officer
distributed outreach pamphlets to the nearby apartment complex. to prevent future grease-related
spills.
DWR Response:201900388, according to their response, it appears that FOG materials were
distributed reactively,rather than proactively.
201900396,ROWs should be maintained such that continuous uninhibited access is possible to all
points of the collection system. Also,it appears that FOG materials were distributed reactively,rather
than proactively.
i
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:
❑ (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 0
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No❑
Original Penalty(without Enforcement Costs) $ (enter amount)
Partial Remission % SO or $ 271 (amount remitted)
Subtotal $ 37S.00
Retaining Enforcement Costs $ / GIS ,613
Total Revised Assessment $ 523.5$
®/7
inda Culpepper Date