NC0021709_Remission Decision PC-2020-0021_20200916

.+.,.fJ�v�i
ROY COOPER �� *7
Govern at
MICHAEL S. REGAN ,, 4;'
Sect eta,y •� e, ti5s
LINDA CULPEPPER
Di,ector NORTH CAROLINA
Environmental Quality
September 16, 2020
Cathy Howell,Town Manager
Town of Jefferson
do Tim Church,Water Resources Director
P.O. Box 67
Jefferson,North Carolina 28640
Subject: Response to Your Request to Remit Civil Penalties
Case Number PC-2020-0021
Jefferson WWTP
NPDES Permit NC0021709
Ashe County
Ms. Howell:
The Division has considered the information you submitted in support of your request for remission in
accordance with G.S. 143-215.6A(f)and has decided to remit penalties by 50% [retaining assessment
costs]. Your assessments in the subject cases totaling $2,187.99 have therefore been reduced by
$1,000.00 for a total amount due of$1,187.00.
Should you choose to pay the modified penalty,payment should be tendered within thirty(30) days of
receipt of this letter. Please make your check payable to NCDEQ.
Attention: Wren Thedford.
NCDEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
You also have the option of presenting your request(see attached form) 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 this matter.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 me by email at the
address below 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
�DEQ b
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

Division does not receive a response regarding this notice,Division staff will automatically place your
case on the agenda of a future Committee meeting.
If you have questions,please contact Jenny Graznak or Lon Snider at the Division's Winston-Salem
Regional Office(WSRO) at 336-776-9800, or you may email me [[e-mail]].
Sincerely,
Joe . Corporo ,P.G.
C x pliance d Expedited Permitting Unit
J
Attachments:
• Remission Factors and Signature Page
• Form-REQUEST FOR ORAL PRESENTATION;
cc: WSRO/SWPS,Lon Snider;Jenny Graznak
NPDES Enforcement File
NCDEQ/DWR/NPDES
Laserfiche

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ASHE DWR Case Numbers P,T 2;072'010,+0' 1.
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
�h Tkorv� ,f Jz s�a�. 3fsoi " I�IP )
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( )

DocuSign Envelope ID:5201C68D-F262-45DC-B653-34E99EF49142
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS—Summary and Signature Page
Case Number: PC-2020-0021 Region: Winston-Salem County: Ashe
Assessed Entity: Town of Jefferson Permit:NC0021709
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
[not asserted]
X (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
Permittee States: The Town of Jefferson WWTP [Jefferson] failed to accurately calculate pretreatment
Significant Non-Compliance of a Significant Industrial User(SIU).Jefferson contends that,upon noting
the SIU's continuing compliance problems,they issued a pretreatment NOV for reporting violations
emphasizing the SIU's need to report promptly,and to notify Jefferson within a 24-hours of violations.
On multiple occasions,Jefferson recommended/suggested to the SIU that they monitor earlier in its
allotted semi-annual compliance period to allow for timely follow-up sampling in the event of permit non-
compliance.Jefferson proposes to recommend to the PERCs Unit that they require the SIU to monitor in
the first month of its monitoring period rather than sampling toward the end.
DWR Response:The Town of Jefferson WWTP is cited for"Failure to implement the enforcement
response plan."The Division acknowledges the Permittee's"recommendations and suggestions"to the
SIU regarding compliance but disagrees that the WWTP acted promptly in its duty to enforce compliance
under its own permit.
However,after being prompted by the WSRO,the Pennittee responded and maintained contact with
WSRO,and they did follow up with a violation notice to the SIU copying the Region.
❑ (c) Whether the violation was inadvertent or a result of an accident:
[not asserted]
X (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:To the best of my knowledge,this condition[compliance] continues to be true.
DWR Response:Records confirm that the Permittee has a good compliance history.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
[not asserted]
NOTE:Red X indicates a remission factor chosen by the Permittee. DWR's remission is based on Factors(b)and(d).

DocuSign Envelope ID:5201 C68D-F262-45DC-B653-34E99EF49142
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes X No❑
Original Penalty(without Enforcement Costs) $2,000.00 (enter amount)
•
Partial Remission X 50% or $1,000.00_(amount remitted)
Subtotal: $1,000.00
Retaining Enforcement Costs: $187.99
Total Revised Assessment: $1,187.99
�DocuSlpned by:
J
I�'f f P 9/13/2020
fo L am�mith Date