NC0023981_Remission decision_20201209

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 9, 2020
CERTIFIED MAIL ITEM 7015 0640 0007 9833 7466 - RETURN RECEIPT REQUESTED
Mr. Radford L. Thomas
Director of Public Utilities
P.O. Box 958
Lenoir, NC 28645-0958
SUBJECT: CIVIL PENALTY REMISSION REQUEST
NPDES Permit NCO023981
Lower Creek WWTP
Case LV-2020-0300
Caldwell County
Dear Mr. Thomas:
I have considered the information submitted by your municipality in support of a request for remission in the
subject case. The prompt response by the ORC and the WWTP's subsequent compliance with permit limits were
noted. Therefore, in accordance with NCGS 143-215.6A (f), the civil penalty will be reduced by $1, 700.00. Your
municipality is responsible for the remaining penalties and enforcement costs, which total $1,837.32.
PLEASE NOTE: The lack of any backup pumps or other equipment to handle debris associated with high
influent flows does not display optimum operation & maintenance of the Lower Creek WWTP. If conditions like
those which led to the subject assessment occur again, the existing equipment has proven inadequate to protect
water quality. The Division would not look favorably on a repeat of this event, and subsequent penalties may be
more severe. Accordingly, the lack of backup equipment would inhibit our ability to remit penalties which may
occur as a result of circumstances like those of May 2020.
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 checks payable to NC DEQ and include the case numbers on the check[s].
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 recommendations
regarding your 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:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoHTHc.mo.INA ^
Oeparhnanl o< Emlmmm� W9uality 919.707.9000

NC0023981 Remission Decision
Page 2 of 3
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 requests 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 [e-mail].
Sincerely,
S. Daniel Smith, Director
Division of Water Resources
cc: NPDES Files

NCO023981 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Caldwell DWQ Case Number LV-2020-0300
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of Lenoir)
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
SIGNATURE
MAILING ADDRESS
eMail
day of 120.
TELEPHONE
TITLE (President, Owner, etc.)