NC0020036_Enforcement_20150915

NCDENR
North Carolina Department of Environment and Natural Resources
Donald van der Vaart
Pat McCrory Secretary
Governor
Septernber 15, 2015
CERTit ED MAIL 7015 0640 0002 9299 3496
T E�IPT R�F-U�ESTE�D
Mr, Heath Jenkins, Interim Manager
Town of Stanley
RO, Box 279
Stanley, NC 28164
SUBJECT: Notice of Violation and Assessment, of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) mid NPDES Permit No. NCO020036
Lola Street WW"I'P
Gaston County
Case No, LV-2015-0194
Dear Mr. Jenkins:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$646.97 ($500 civil penalty + $146.97 enforcement costs) against the Town of Stanley,
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for December 2014. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NCO020036. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude, as a matter of law that the'rown oftanley violated the
terms, conditions, or requirements of NPDES Peru tit No. NCO020,036 and North Carolina General
statute (G.S.) 143-215,1(a)(6) in the manner and extent shown in Attach mentA. A civil penalty may
be assessed in accordance with the maximums established by G.S. 143-215.6A(a),(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Michael L, Parker, Regional Supervisor for the Mooresville
Region, hereby make the follo,"ring civil penalty assessment against the Town of Stanley.
Moomsvffie ReqFonal Offirle
Lim ron: 610 East Center Aye,, SOe 301 rAoarpsyffle, NC 28115
Phone: j704) (36,3AK19 t FBX; C1041663-eW\ Cuslarner Service: 'I .877-623-674B
tnternet hftp.,flpodal ncdenr,org1weWWq
An Dju& AffirvaNel kcwr EmOuyp K M, PatC0,15 VWV P g— -%RKyfled[IO U ps er

250.00 For I of the one (1) violation of G.S. 143-215, 1 (a)(6) and
NPDES Permit No. NCO020036, by discharging waste into the
waters of the State in violation of the permit, Weekly Average
of limit for BOD,
250.00 For I of the one (1) violation of G. S. 143 -215. 1 (a)(6) and
NPDES Permit No. NCO020036, by discharging waste into the
waters of the State in violation of the pen -nit Weekly Average
effluent limit for fecal coliform.
0.00 For 1 of the, one (1) violation of G.S. 143-215.1(a)(6) and
1 6E-`S—Permit No. NCO 020036, by discharging waste into the
waters of the State in violation of the permit Weekly Average
effluent limit for total suspended solids.
0.00 For —1 of the one (1) violation of G,S. 143-215.1(a)(6) and
NPIES Permit No. NCO020036, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for BOD.
5K00
$ 146.97
646,97
TOTAL CIVIL PENALTY
Enforcement costs
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. 1431-282.I(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 violations;
(2) The duration and gravity of the violations;
(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 violations were 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 days of receipt of this notice, you must do one of the following:
I . Submit payment of the penalty:

Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiverfiorni). Payment of the penalty will not foreclose farther
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 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 requestforecloses 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 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 G.S. 14313-2811 (b) were
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 information 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 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 "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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 § 15OB-23.2) is received in the Office of Administrative Hearings within
seven (7) business days following the taxed 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;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel-, [phone]
Fax: [phone]
One (I) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 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 notice, 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 about this civil penalty assessment please
contact staff in the Mooresville Regional Office at (4) 663-1 .
a
(Date) �,c,,I-Michacl L. Parker, Regional Supervisor
Water Quality regional Operations Section
Division of Water Resources, NCDENR
cc: Mooresville Regional ional ffice Compliance File N ,/ attachments
Raleigh Compliance/Enforcement File / attachments
Central Files w/ attachments

ATTACHMENT A.;
CASE NO. -201 -0194
.0atfall, I Date
ammeter R aagy � Permit Limit
l 4 n� /I (Weekly Average)
01 etadin,12..�0/2014 R 130.E � 001 week ending12/20/2014 TSS 53 11 45 m/l (Weekly Average)
001 week ending'12/20/2014 "decal Clifo n 1 I ,031 `F1 /100 ntl 400 FU/100 r l(Weekly Average)
001 12/31/2014 BOD 31 A4 rn /l 30 mg/l (Monthly Average)
Denotes civil penalty assessment
e ToNvn of Stanley did not provide a response to -20 t5 -LV-0104, Comments
written in the December 2014 DMR received on February , 2015 were reviewed by
DWRstaff: Mitigating factors were not found to result in a reduced civil penalty amount.

STATE OF NORTH TH CAROLINA
COUNTY OF GAT N
DEPARTMENT OFENVIRONMENT
AND NATURAL, RESOURCES
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARINGAND
TOWN OF STANLEY STIPULATION OF FACT
PERMIT NUMBER R NCO020036
FILE NO. L'V-2015-0194
Having been assessed civil penalties totalin46.97 for violation(s)as set forth in the
assessment document of the Division n f Water Resources dated March IS-
1 ' the undersigned,
desiring to seek remission of the civil penalties, dues hereby waive the right t administrative
hearing in the above -stated matter mad doses stipulate that the facts are as alleged in the ;assessment
document. The undersigned farther understands that all evidence presented in support; of remission of
this civil penalty must be submitted to the Director ofthe Division of Water Resources within 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request vV ill be
allowed after 30 days from the receipt of the notice of assessment.
This the day of 2015

DWR Case Number: LV-2015-0194
Assessed Party: To of Stanley
County: Gaston
Permit Number: NCO020036
Amount Assessed: $646.97
Please use this farm when requesting remission of this civil Penalty. You must also complete the
")?Nuest For Remission, fl-'aiver of Right to an Administrative 11carinz, and &ipulation of Facts"'
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to, consider in evaluating your request for
remission. 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 factuat statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282. 1 (c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please cheek each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed),
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wongfull y applied to the detriment of the Tptitioner (the asses sinent factors are listed
in the civil penalty, assessment doeumen);
(b) tile,
violation (i.e,, explain the steps that you took to correct the violation andprevent
future occurrences) -
(c) the violation was inadvertent or a result of an accident (i.e., explain wky the violation
was unavoidable or something I
. you could not prevent orprepare for) .
(d) the violator had not been assessed civilpgqlties f violations;
_
(e) r the, rernaiqjngraces r retndial
actions (1- e., explain how payment of the civil penalty will prevent you. '"or perlbrming
the activities necessaq, to achieve compliance),
EXPLANATION: (use additional pages as necessary)

Violator-
Town of Stanley_
Facility:
Lola Street WWTP
County:
Gaston
Case Number:
LV-2015-0194
Permit Number:
NCO020036
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;
No harm has been documented;
2) The duration and gravity of the violation;
The BOD weekly average effluent limit violation exceeded the permit limit by 190%.The fecal
colifonn weekly average effluent limit violation exceeded the permit limit by 29,4807.8%, The TSS
weekly average effluent limit violation exceeded the permit limit by 17.88%. The BOD monthly
average permit limit was exceeded by 4,8% during the month of December 2014.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. BOD is an oxygen-consun-ring, waste and therefore
increased concentrations could reduce the amount of oxygen available to aquatic organisms. Fecal
coliform, is an indicator species for possible pathogens and increased levels can signal human health
hazards. Increased suspended solids (turbidity) increase the water temperature, thus reducing the
amount of oxygen in water harming aquatic life. They also reduce the amount of natural sunlight that
penetrates through the water, further decreasing oxygen production and photosynthesis. In addition,
high levels of solids can kill t7isb by clogging their gills, lowering their resistance to disease, and
smothering their eggs.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that the violations were committed willfully or
intentionally.

The prior record oft the violator in complying ;or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
"here have been 41 previous CPAs for the Lola Street WWTP .The last CPS wws issued on September
1, 2015 for fecal coliform, violation that occurred in April 2014,.
8 The cost to the State of the enforcement procedures.,
The cast to the Division of Water resources is $146.97.
Late Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water resources, NCDENR

pory
ASY-FA N LVY
„q
September 29, 2015 U lll&
WQROS
ooars rL r REGIONAL
OFFICE
North Carolina Department of Environment and Natural Resources
Mooresville regional Office
10 East Centel- Avenue, nae, Suite 301
Mooresville, forth Carolina 28115
** NOV Civil Penalty for Violations of NC General Statute
Dear Mr. Parker:
f am writing to request you reeonside, r the fire associated with the above captioned
ease number, " °he Town of Stanley is ill its final stages of tile Stanley Sew
er
Interconnect Project. `his project will allow us to deeonun issio .our waste eater
treatment plant and eliminate any future issues associated with this plant,
Two ,Divers Utilities has been contracted to operate this plant for the past year and
have greatly reduced the number of violations, They were able to keep the plant ill
compliance lianc,e even during high volume rain events that caused the inflow of high
amounts of I & L The cause of this violation was the result of all nk-i' own influx
of sludge being put into our system and was beyond our control.
The Stanley Sewer Interconnect pr jeet cost will he over sip million dollars. The
Town of Stanley is doing everything, ill their power to make our r collections system
safer. Paying of this and another assessed fine only tales funds away from paying
for the remedial action in place to decommission the plat.

DWR Case Number: LV-2015-0194
Assessed Party: Town of Stanley
County: Gaston
Permit Number: NCO020036
Amount Assessed: $646,97
Please use this form when requesting remission of this civil penalty, You must also complete the
ini-OrYtive Hearin andL&UPIdelt
u should attach any dcaeuzaaents that you believe
r Director to consider in evaluating your request for
ducstion is limited to consideration of the five factors
w as they may relate to t le 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 filctual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-2811 (c), remission of a civil penalty may be granted only when one or
more of the folloNving five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as 10 why the
factor applies (attach additional pages as needed),
(a) one or more of the cisil penajt 4ssessment factors in MC-G.S. 1434-111 �bwqe
MTMgftjjEAppffed-to the-detrimen - Ohe ass essinent.factors are listed
in the civil pettedly avvessment tiocianent)
;
(h tlae I envionmen a] dar �q�-rom the
"it ta
0 d cou'u'L
"'or r
iol vio" 'tt
ation (i. e in the _to c )r t I
jitul, Oc s A�ejzthai� reet I e viola'tion andprevent
e 'clirrences),
(c) LbL—iol4t-ion w: 4s i LiadMte'A —OrA-Le-suit OLNIL4t,!C-idmnt (i.e., explain why the violation
was unavoidable or something you could riot prevent or preparejbiql-
ieviolator had not heen asses�e
(d) ace alai for 1 am ViOLI-S-� Llq-jkfiqns;
(e) Mme—lita-me-eivil enalty rvtll nrovont tv.1ume
Pc —dons (i.e., explain howpaymento/rhe eivilpenalty will prevent yortftotjjpc,,jjormiag
the activities necessary to achieve comphance).
EA-PI-L.ANATIOAla (use atiditionalpages as necessary)
q'-'T1164SC- 44�k�J tJt&. .

DWR SIGNATURE', PAGE
SUNTINURY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
Case Number: LV-2015-0194 Region: M , o0resville coun(V:
Gaston
Assessed Entiqr: _.._TowtiofStanie�Lo[aStreet WWTP Per tit No.: NCO020036
Assessment Factors
El ()Whether- one or more of the civil penalty assessment factors were wrongly at to the detriment of it
petitioner: NOTASSERTED — Not Applicable.
El (b) Whether the violator promptly abated: cOntinuing environ mental damage resulting from the violation:
Upon farther sampling the plant bad determined that a settling agent, Aluminum Chlorollydrate, could be used to
Correct Settling issues. Tile treat week, December 2 111, the plant returned to being compliant. They were able to
keep the plain incompliance even during high voloure rain events that caused high I&L
Notes. The Town did not provide any evidence of investigating the source of the unexplained shidge,
(c) Whether the violation was inadvertent or a result of an accident:
The perininee noted on the December MIR, that Upon arrival to the plant oil Monday 15"', it ivas discovered that
between the tirrie the operator left the plant Sunday and tile time he, arrived fVlonday, the plant had received a
sludge load that could not be traced. The aeration ba-sin had developed a large amount of fisain, a chemical smell
was present around the aeration basin and settling issues existed in the clarifier. The cause of this violation was the
result of an unknown influx of sludge being put into the system and was beyond their control.
Notes: The Town did not provide any evidence of investigating the source of the unexplained sludge.
(d) Whether the violator had been assessed civil penalties for any previous violations.,
The perrilittee asserts in the remission request that "tile violator had not been assessed civil penalties for any
previous violations". The Town asserts that Two Rivers Utilities that has operated the plant for the past year has
greatly reduced the number of violations,
Notes., The pernlittee has 41 prcvious crifiarcenients cases including 15 ('10 linift violations and 5 monitoring
Violations) within five years of the incident.
(e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial aetions:
'fhe Stanley Sewer Interconnect project cost will be greater than $6,000,000. J'he Town is doing everything in
their power to make their collection system safier. According to the Town, paying of this and another assessed fne
will prevent payment for this remedial action to decononissicon the plant,
Notes: LV-2015-0194 contained one limit violation tor` fecal coliforni (118,031 CFU/100 rnL; weekly geonietric
mean limit is 400 (TU/100 mf,) for- the week ending December 20, Mild, and one linut violation for'BOD (13M
ing/l weekly geometric inean Unlit is 45 mg/1) for the week ending December 20, 2014, The perinittee does riot
diSpUte, the BOD and fecal conform violations.
Since the perr-nittee has had multiple violations in the past, the fecal coliforin Nveekty average effluent limit
violation exceeded the permit limit by 29,407,8%, did not provide any evidence of investigating the source of tile
unexplained sludge, and the fact that only two of the four violations found for the month of December 2014 were
assessed, there are tart mitigating factors that support. remission of the civil penalty arnount.
DECISION (ChecklOne) Rm ID12006
Request Derried
Full Remission El Retain Enforcement "oast?' Y No
Partial Remission 'forcernen, C inter mount)
ay Zimmerman Director Date

PF'
CA,,R0LJNA ENVIRONNIENTAL NNIANAGENJENT
CO'MMISSION
COUNTY OF GASTON
IN T11E, MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
TOWN OF STANLEY - LOLA STREET WWTP
DWR Case Number ICY- 2015-0194
REQUEST FOR ORA L PRESENTATION
I hereby request to make an oral Presentation before the Environmental Management Commission's Committee ()If Civil Penalty
Remissions in the matter of the case noted above, In snaking this request, I assert that I understand all of the follcoving statements:
This request will be reviewed by the Chairman of the Environmental Management Commission and may be either gra anted r
denied, i fit 0
Making a presentation will requ ire the presence of myself ancb`or nay representative during a Committeetnecting held it), R aleig7h,
North Carolina,
M _pEqLscritationAytJlbie luiln to discus oil f issuesand information submitted hi care a]
y �1_ ssi un e�lu tra s _m___L vs�s_ - edit
no factual issues are in dispute, rus, presentation will be limited to five (5) famines in length, -IL— -t,.t, and because
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 linrited to I who are active mernbers of the m _uniiA`ye_rs-bar. Proceedings before the Conunittee on
Remissions are quasi-judicial, You should consider how you intend to present your case to' —tile Committee in light ofthe State-Bar's
opinion and whether anyone will be speaking in a representative capacity, for you or as business or governmental entity. If you or your
representative would like to speak before the Committee,
you must complete and return this forni 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 wwv;,nckarmcom/otFic&
Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3
and are granted an opportunity to make air oral presentation before. the Committee,
than 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 violativa, the State Bar's Opinion on the, unauthorized practice of law.
If you are a cnita,-sttionj: hil? mar aaylttz-o make an oral press tti aon betbre the
iflality and are granted an opportunity t
Con-finittee, 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 as 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: ])for individuals anal business owners, your own signature and 2) for corporations,
partnerships andniunicipalities, signed by individuals who would not violate the Stare 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 Cornfluttee
is informed that a potential violation of the statute, concerning the authorized practice of law has occurred,
This the day, of.
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS

1viOIl.".T'H CAROLINA ENVIRONMENTAL MANAGEMEN-r
COMMISSION
COUTNTY OF GASTON DWR Case Number LV-2015-00146
IN THE NIATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST: REQUESTFOR ORAL PRESENTATION
TOWNT OF STANLEY - LOLA STRE'ITT WIXTP
I hereby request to make an oral presentation before the Erivirouniental Management Commission's Coninifttee 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 Chairmirin of the Envircminental Management Cononission and may be either gyanted or
denied.
Makinga presentation Nvill require the, presence of myself and/or my representative during as Committee meeting held in Raleigh,
,North Carolina, Z>
MY-me—sen0tLoinHill L)!�Jianted to disc S'sion of issues atid information
submitted in_11 i—y_rjrigLa _ ng_t rc rlarssion r!Lht c up, s_-
L, and because
no factual issues are in dispute, my presentation vvvill be firnited to five (5) minutes in length, -
The'Nlorth Carolina State Bar's Authorized practice of Law Committee has ruled that the appearance in a representative capacity at
quasi- udicial hearings or proccedings is limited to I
-i n . active ofthebar, proceedings before the Count) Ir
�mp � ittee o,
Remissions are quasi-judicial. You should consider how youiritend to Present your case to the Committee in light of the State Bar-'
opirtion and whether anyone Nvill bespeaking in as representative capacity for you or a business or goverturreirtal entity. Ifyou or your
representative would like to speak before the Committee, you must complete and return thisforin 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 wwyrrcbar,corn/ct-hics, Authorized Practice Advisin-, Opinion 2006- t and 2007 Fornial
Ethics Opinion 3, y
If you are an individual or business ownerand 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 havinganother individual speak
on your behalf regarding the factual situations, such asan expert, enggineer or consultant, then you must also be present at tire
meeting in order to avoid violating the State ;Ba 's Opinion on the unauthorized practice of law,
If you are _kccgs Rora(itj 1I-tIIersj*'LLLr muru tily and are granted an opportunity to make an oral presentation before the
�uj,,,pal— --dwq _
Connnittee, 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 oftacts by non -lawyers is perjnissible;
If you choose to request an oral presentation,
please make sure that signatures on the previously submitted Remission Request forin
Land this Oral Presentation Request formare- 1) forindividuals ,and business owners, your own signature, and 2) for corporations,
partnerships and DILI nicipal itics, signed by individuals Nsho would not violate the State Bar's Opinion on the unauthorized practiceof
law
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Conirnittee
is informed that as potential violation of the statute concerning the authorized practice of law has occurred,
This the day of
SIGNATURE
TITLE (President, Ov-ner, etc,)
TELEPI-IONE