NC0020800_Remission (Request)_20191107

ROY COOPER
,'X , Governor
' € �� ers„ MICHAEL S. REGAN
� ') S, h' Secretary
t * LINDA CULPEPPER
tlt
a rr Do eclor
NORTH CAROLINA
Environmental Quality
November 7, 2019
CERTIFIED MAIL ITEM 7015 0640 0007 9833 5967-RETURN RECEIPT REQUESTED
Mr. Timothy Wood
Town of Andrews
P.O. Box 1210
Andrews, NC 28901-1210
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Andrews WWTP
NPDES Permit NC0020800
Case LM-2018-0049
Cherokee County
Dear Mr. Wood:
I have considered the information submitted by your municipality in support of a request for
remission in the subject case. The progress made in upgrading the Andrews WWTP supports your
request in regard to the limit violation, but not the failures to monitor. Therefore, in accordance
with NCGS 143-215.6A(f), I have found cause to remit the original civil penalty assessments
by $250.00. The Town of Andrews is responsible for the remaining penalties and enforcement
costs, which total $706.68.
If you choose to pay the remaining amount, send payment to the letterhead address within thirty
(30) days of receipt of this letter. Please make the check payable to NC DEQ, and include the case ,
numbers on the check.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and
my recommendation to deny the requests 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 requests for remission
meet one or more of the five statutory factors you were asked to address, you must complete and
return the attached forms within thirty (30) days of receipt of this letter. Please mail the
completed forms to:
D Q
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-3616

NC0020800 Remission Decision
Page 2 of 3
Mr. Charles H. Weaver
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
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 Mr. Weaver at [phone] or [e-mail].
inc rely,
Linda Culpeppe erector
Division of Water Resources
cc: Central Files

NC0020800 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Cherokee DWQ Case Number LM-2018-0049
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Andrews )
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.)
MAILING ADDRESS
eMail TELEPHONE( )

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LM-2018-0049 Region: Asheville County: Cherokee
Assessed Entity: Andrews WWTP Permit:NC0020800
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:
Permittee States:Excessive rain overwhelmed the disinfection equipment. Planned upgrades will
prevent future violations.
DWR Response:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Samples were collected as required,but errors were made during data entry in
eDMR system. Revised data has been submitted via eDMR.
DWR Response:
❑ (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:
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑
Original Penalty(without Enforcement Costs) $ 5' ,OQ (enter amount)
Partial Remission X % or $ 29 'On (amount remitted)
Subtotal $ 515,00
Retaining Enforcement Costs $ (/g', 64
Total Revised Ass ent $ 7() C4 8
//74/
n Culpepper Date