WQCS00010_Remission Decision (DV-2021-0008)_20210521

DocuSign Envelope ID:D080E74F-B8AD-4002-B6C1-05092D55926A
ROY COOPER �J3;} [�L�,Governor "e I.„ ,{j
DIONNE DELLI-GATTI ...ti P**ram
Secretary giV `'
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
5/21/2021
CERTIFIED MAIL#7018 1830 0001 8037 2469
RETURN RECEIPT REQUESTED
Terry L Houk
City of High Point
P.O.Box 230
High Point,NC 27261-0230
SUBJECT: CIVIL PENALTY REMISSION REQUEST
High Point Collection System
Permit WQCS00010
Case DV-2021-0008
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$884.54($750.00 civil penalty
plus$134.54 enforcement)to the total amount due of$734.54.
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 Christyn Fertenbaugh at
Chri styn.FertenbaughAncdenr.gov.
Sincerely, _
CDoeuSigned by:
tt 4-4ti&II3P4
99AEF363909A40E..
S.Daniel Smith •
Director,Division of Water Resources
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File#:DV-2021-0008
Winston-Salem Regional Office
North Carolina Department of Environmental Quality I Division of Water Resources
E 4 512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699-1617
NI)PT!rAno INA .d. fif
D.SrtAent w E>m, •I GuaI. 919.707.9000

DocuSign Envelope ID:D080E74F-B8AD-4002-B6C1-05092D55926A
WQCS00010 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Guilford DWR Case Number DV-2021-0008
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
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:D080E74F-B8AD-4002-B6C1-05092D55926A
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2021-0008 Region: Winston-Salem County: Guilford
Assessed Entity: City of High Point Permit: WQCS00010
❑ (a) Whether one or more of the civilpenalty assessment factors were wrongly
applied to the detriment of the petitioner:
® (b) Whether the violator promptly abated continuing environmental damage
resulting from the violation:
Permittee States: The City of High Point took immediate action as soon as soon they were
notified of the spill. Staff mobilized to find and remove the cause of the spill.The cause of spill
was identified as grease which had not been an issue in the past. Monitoring has increased to
monthly inspections. The City of High Point distributed a fat, oils, and grease prevention door
hanger to educate the public on proper grease disposal.
DWR Response: Spill duration was 30 minutes&6300 gallons.There was no know previous
inspections of this line&another grease spill in another line that leads to the same PS. Spill was
quickly abated.
❑ (c) Whether the violation was inadvertent or a result of an accident:
❑ (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:
DECISION (Check One) •
Request Denied 0
Full Remission ❑ Retain Enforcement Costs? Yes 0 No❑
Original Penalty(without Enforcement Costs) $ 750 (enter amount)
Partial Remission❑s % or$ 150 (amount remitted)
Subtotal $ 600
Retaining Enforcement Costs $ 134.54
Total Revised Assessment $ 734.54
EkDocUSIgned by:
lidat L ►VWVu�tilh 5/21/2021
C464531431644FE...S. Daniel Smith Date