WQCS00010_Remission Decision DV-2020-0015_20201027

DocuSign Envelope ID:262A914C-3F55-453i.-5260-EEFF182DA448
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ROY COOPER 4,,
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Governor
MICHAEL S.REGAN ` �s
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Secretory �auwvo.
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 27, 2020
CERTIFIED MAIL#7018 1830 0001 8037 1547
RETURN RECEIPT REQUESTED
Joseph P. Holden
City of High Point
Water and Sewer Mains Division
816 East Green Drive
High Point NC, 27260
SUBJECT: High Point Collection System
Permit WQCS00010
Case DV-2020-0015
Guilford 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$1,625.75 ($1,500.00 civil penalty
plus$125.72 enforcement)to the total amount of$125.72
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 NC Department of Environmental Quality.
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.
Thank you for your cooperation in this matter. If you have any questions,please contact Celeste Sugg at
919-707-3625 or [e-mail].
Sincerely,
LffDocuSigned byy:P6/1114111.
for S. t5B1918 l9Smith
Director,Division of Water Resources
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File#:DV-2020-0015
Winston-Salem Regional Office
Central Office
�D E�w- North Carolina Department of Environmental Quality Division of Water Resources
`�J/n 512 North Salisbury Street 1611 Mail Service Center I Raleigh.North Carolina 27699 1611
ar.r.+w r.,.+n.n.wr OWN /".° 919.707.9000

DocuSlgn Envelope ID:262A914C-3F55-4538-8260-EEFF182DA448
WQCS00010 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF GUILFORD DWQ Case Number DV-2020-0015
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of High Point Collection System )
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:262A914C-3F55-4538-8260-EEFF182DA448
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STATE r
y
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ROY COOPER 4 ,t4,--,:y
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Governor t
MICHAEL S.REGAN
Secretary *�auwvd°.
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0015 Region: Winston-Salem County: Guilford
Assessed Entity: City of High Point Permit: WQCS00010
® (a) Whether one or more of the civil penalty assessment factors were wrongly
applied to the detriment of the petitioner:
Permittee States: The spill was caused by NCDOT contractor tying in a new force main
when a plug blew out causing the spill. The force main was shut down and cleaned up by the
contractor. It was determined that all discharge waste had been flushed to a tributary leading
to West Deep Fork River.NCDOT State personnel were not informed of the spill
immediately and later provided clean up procedures by the contract company.
DWR Response: The City owns the force main and is therefore liable for the spill. However,
DWR concedes that the utility was unaware of the issue at the onset due to the contractor's
handling of the incident.
❑ (b) Whether the violator promptly abated continuing environmental damage
resulting from the violation:
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The spill was caused by a NCDOT contractor tying in a new force main.
DWR Response: DWR agrees that this was likely an accident by the contractor.
❑ (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:
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DocuSign Envelope ID:262A914C-3F55-4538-8260-EEFF182DA448
DECISION (Check One)
Request Denied❑
Full Remission • Retain Enforcement Costs? ■Yes ❑ No
Original Penalty (without Enforcement Costs) $ $1,500.00 (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal $
Retaining Enforcement Costs $ $125.72
Total Revised Assessment $ $125.72
,—DocuSlyned by:
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S. Daniel Smith Date