NC0020940_Unpaid Penalty (DV-2019-0068)_20210223

ROY COOPER 1f —17toj
Governor ll '
MICHAEL S.REGAN n�
*@a++��~Secretory
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
February 23, 2021
CERTIFIED MAIL 7018 1830 0001 8037 2223
RETURN RECEIPT REQUESTED
Mr. Chad B. Simmons, Town Manager
C/O Ms. Anna A. Payne
P.O Box 130
Murphy, NC 28906
Subject: Unpaid Civil Penalty Assessments
NPDES Permit NC0020940
Collection System Permit WQCS00132
Murphy Collection System
Cherokee County
Dear Mr. Simmons,
To date,the Division's records show that the following civil penalties assessed against your facility remain
unpaid:
PERMIT NUMBER ENFORCEMENT CASE BALANCE DUE
WQCS00132 DV-2019-0068 $714.56
WQCS00132 DV-2019-0109 $2,114.56
WQCS00132 DV-2020-0046 $1,161.96
The total amount of unpaid penalties is $3,991.08. These penalties are now subject to collection by the
Attorney General's office (AGO), pursuant to 15A NCAC 02J.0110.
To avoid legal action by the AGO, you must pay the full amount listed above no later than 30 Days of
after receipt of this letter. Make checks payable to NC DEQ and include the case number[s] on the
check[s] submitted.
If sending via the US Postal Service: If sending via delivery service
(UPS, FedEx, etc.):
NC DEQ/ DWR/NPDES or NC DEQ/DWR/NPDES
1617 Mail Service Center 512 N. Salisbury Street
Raleigh,NC 27699-1617 Raleigh,NC 27604
In addition to payment of the penalty,the violations addressed by these assessments and any impacts
to waters of the State must be abated and properly resolved.
D_E Q) North Carolina pepartment of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh.North Carolina 27699 1617
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V' "J. .A �/
warw.wr / 919.707.9000

Additional assessments may be levied for future,continuing,or other violations beyond the scope of these
specific assessments. You are encouraged to contact the DEQ Asheville Regional Office at (828) 296-
4680 if you need assistance in achieving compliance at the site.
If you have questions concerning this matter, or if you have documentation showing that the penalty was
paid please contact me at 919-707-3628,or via e-mail [[e-mail]].
Sincerely,
Celeste Sugg
Environmental Specialist II
NC DEQ Division of Water Resources
cc: NPDES File
Enforcement File
Asheville Regional Office

ROY COOPER
stAtiGovernor
4:J ,, r? MICHAEL S. REGAN
• 'mod` Sect eta,y
'3417L- , LINDA CULPEPPER
Dvecto
r
NORTH CAROLINA
Environmental Quality
October 4, 2019
CERTIFIED MAIL#7018 1830 0001 8036 9759
RETURN RECEIPT REQUESTED
Chad B. Simons, Town Manager
Town of Murphy
P.O.Box 130
Murphy,NC 28906
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Town of Murphy
Permit WQCS00132
Case DV-2019-0068
Cherokee County
Dear Mr. Simons:
The Division has considered the information submitted in support of your request for remission in the
subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the
original civil penalty assessment of$714.56.
If you choose to pay the penalty, send payment to the letterhead address within thirty(30) days of
receipt of this letter. Please make the check payable to NC DEQ.
If payment is not received within thirty(30)days of receipt of this letter, in accordance with NCGS §
143-215.6A (f),your request for remission of the civil penalty(with supporting documents) and my
recommendation to deny the request 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 request for remission meets
one or more of the five statutory factors you were asked to address,you must complete and return the
attached form within thirty(30) days of receipt of this letter. Please mail the completed form to:
Ms. Melissa Abbott
NC DEQ/DWR/PERCS
1617 Mail Service Center
Raleigh,NC 27699-1617
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9000

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 torequire an oral presentation from
P g
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
Melissa Abbott at(919) 707-3608 or [e-mail].
Sincerely,
Linda Culpepper
Director,Division of Water Resources
cc: Enforcement File
Asheville Regional Office

tiv t
ROY COOPER ]
Governor dipr " f
MICHAEL S.REGAN
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 25, 2020
CERTIFIED MAIL #70181830 0001 8037 0823
RETURN RECEIPT REQUESTED
Chad B.Simmons,Town Manger
Town of Murphy Collection System
P.O. Box 130
Cherokee,NC 28906
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Town of Murphy Collection System
Permit no.WQCS00132
Case No. DV-2020-0046
Cherokee 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$1,661.96 ($1,250.00 civil penalty plus$411.96 enforcement) to the
total amount of$ 1,161.96 ($ 750.00 civil penalty plus$411.96 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 Carol ina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
919.707.9000

Thank you for your cooperation in this matter. If you have any questions,please contact
Celeste Sugg at 919-707-3628 or [e-mail].
Sincerely,
W1 • Cs ,) .
S. Daniel Smith
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet&Request for Oral Presentation Sheet
cc: Central Office Enforcement File#: DV-2019-0046
ARO Regional Office

DocuSign Envelope ID:FA4D2170-8E18-4343-98C8-EBD15F7D1361
ROY COOPER i 4� if • it
Governor
MICHAEL S.REGAN ...
"�9xM.la r�-
Secrerary ,,.,n„‘- '•
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
Certified Mail#7017 2620 0000 9759 6906
Return Receipt Requested
July 23,2019
Chad B Simons, Manager Town
Town of Murphy
PO Box 130
Murphy,NC 28906
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00132
Town of Murphy
Murphy Collection System
Case No. DV-2019-0109
Cherokee County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$2,114.56($2,000.00 civil penalty
+ $114.56 enforcement costs)against Town of Murphy.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow(SSO)
5-Day Report submitted by Town of Murphy. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS00132 and G.S. 143-215.1(a)(1). The violation(s)that occurred
are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Town of Murphy violated the terms, conditions or
requirements of Collection System Permit No. WQCS00132 and G.S. 143-215.1(a)(1) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2),a civil penalty may be assessed
against any person who violates the terms,conditions or requirements of a permit required by G.S. 143-215.1(a).
1
�l North Carotins Department of Env,ronmenta us:a D v+sion of Water Resou roes
P Q YI
DE ,� Ashev a Regonai Off.oe 12090 U S.70 Hghney�I Swannenoc,North Caro'na 28778
4=+ : ',- 1 /'� 828-296-500

DocuSign Envelope ID: FA4D2170-8E18-4343-98C8-EBD15F7D1361
Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources,I,G.
Landon Davidson,P.G.,Regional Supervisor,Asheville Regional Office hereby make the following civil penalty
assessment against Town of Murphy:
$2,000.00 For 1 of the 1 violations of Collection System Permit No. WQCS00132 and G.S. 143-215.1(a)(1)for
Sanitary Sewer Overflow(s)resulting in a discharge without a valid permit.
$2,000.00 TOTAL CIVIL PENALTY
$114.56 Enforcement Costs
$2,114.56 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission,OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PER CS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

DocuSign Envelope ID: FA4D2170-8E18-4343-98C8-EBD15F7D1361
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted,and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status,directions for payment,and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore,it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission,you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form within thirty(30)days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
G.Landon Davidson,P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
2090 U.S. 70 Highway
Swannanoa,NC 28778-8211

DocuSign Envelope ID:FA4D2170-8E18-4343-98C8-EBD15F7D1361
Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m.,except for official state
holidays. The petition may be filed by facsimile(fax) or electronic mail by an attached file(with restrictions) -provided
the signed original, one(1)copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty(30)days of receipt of this letter, as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Daniel Boss with the Division of Water Resources staff of the Asheville Regional
Office at(828)296-4658 or via email at [e-mail].
Sincerely,
EDocuSipned by:
per. )\ ____
7E617A38285848C..
G. Landon Davidson, P.G.,Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS ARO Server, Laserfiche
G:\WR\WQ\Cherokee\Collection Systems\Murphy Collection System\SSOs\April 2019\20 I 90723_WQCS00132_DV20 I 90 I 09.rtf