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HomeMy WebLinkAboutWQ0013808_Enforcement (Other)_20210610ROY COOPER Governor DIONNE DELLFGATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 10, 2021 CERTIFIED MAIL NO.7018 1130 0000 1612 5372 RETURN RECEIPT REQUESTED DAN WITCHER KOTIS PROPERTIES, INC. POST OFFICE BOX 9296 GREENSBORO, NORTH CAROLINA 27429 Subject: Settlement Agreement PermitNo. WQ0013808 Summerfield Shopping Center WWTF Case No. PC-2019-0042 Guilford County Dear Mr. Witcher: On July 24, 2019, the Division of Water Resources (DWR) assessed a civil penalty in the amount of $5,564.88 ($5,000.00 civil penalties + $564.88 enforcement costs) against Kotis Properties, Inc. in the matter of case PC-2019-0042 for violations of Non -Discharge Permit No. WQ0013808 discovered during a March 19, 2019 inspection of the Summerfield Shopping Center's wastewater irrigation system. Kotis Properties, Inc. requested remission of the assessed penalty. On November 7, 2019, DWR considered the request for remission and reduced the amount of assessed penalties by $1,000.00, making the total amount due for this case to be $4,564.88 ($4,000.00 civil penalties + $564.88 enforcement costs). Kotis Properties, Inc. rejected DWR's remission decision and pursuant to N.C.G.S. 143- 215.6A(f), requested to have its remission request taken to the North Carolina Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions for a final agency decision. Kotis Properties, Inc. additionally requested to appear before the Committee to present its remission request. The Committee meeting was originally scheduled to occur on March 5, 2020 but was canceled upon the initiative of the EMC even as representatives of Kotis Properties, Inc. and DWR's Winston-Salem Regional Office were in transit to the meeting's location in Raleigh. With the onset of the COVID-19 pandemic and responses made to minimize risk to public health regarding the holding of public meetings, the EMC has, to date, not rescheduled a meeting of the Committee to consider the remission request. Q�� North Carolina Department of Environmental Quality I Division of Water Resources E512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 NCRTH URq.INA `` oewna�,naan.waw` C� 919.707.9000 In the meantime, DWR and Kotis Properties, Inc. have participated in settlement discussions regarding the assessed penalties. In order to facilitate resolution of this matter and to expedite its conclusion, DWR and Kotis Properties, Inc. have agreed to settle the above -described civil penalty for the total amount of $2,564.88 ($2,000.00 civil penalties + $564.88 enforcement costs). Payment shall be remitted within thirty (30) days of receiving this notification. Payments should be made by check payable to the North Carolina Department of Environmental Quality and submitted to the attention of: Division of Water Resources Non -Discharge Branch ATTN: Chloe Lloyd 1617 Mail Service Center Raleigh, NC 27699-1617 In its acceptance of this agreement, Kotis Properties, Inc. hereby waives its right to pursue further consideration of its remission request before the EMC's Committee on Civil Penalty Remissions and understands that failure to submit payment as per the terms of this agreement will cause the modified penalty from the DWR's initial remission decision to immediately become due. Kotis Properties, Inc. also acknowledges that DWR reserves the right to take enforcement action against the facility for additional violations should they occur. For Kotis Properties, Inc.: Ao'_ Signature � i gn of S gning Official For the North Carolina Department of Environmental Quality: Dor"Siyned br. Pbupav� Jeff Poupart, Water Quality Section Chief Date: utv ;2- a,� / Date: 6/10/2021 cc: Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy)