WQCS00195_Remission Decision (DV-2021-0076)_20210818

ROY COOPER
Governor ,
DIONNE DELLI-GATTI
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
CERTIFIED MAIL#7010 2780 0003 4825 8964
RETURN RECEIPT REQUESTED
Ms.Vicki Caudle,Mayor
Town of Ramsuer
P.O.Box 545
Ramsuer,NC 27316
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Ramsuer Collection System
Permit WQCS00195
Case No.DV-2021-0076
Randolph County
Dear Permittee: 1
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$1,139.11 ($1,000.000 civil
penalty plus$139.11 enforcement)to the total amount of$639.11.
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 Celeste Sugg at
919-707-3628 or Celeste.suggq0cdenr.gov.
Sincerely, QQ
J
For S.Daniel Smith
Director,Division of Water Resources
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&Request for Oral Presentation Sheet
cc: Enforcement File No. DV-2021-0076
Winston-Salem Regional Office
---„ -)
North Carolina Department of Environmental Quality I Division of Water Resources
DBE 512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699 1617
�� /- 919 707.9000

WQCS00195 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Randolph DWQ Case Number DV-2021-0076
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Ramsuer 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 wyk I)char(-om'Ohl( ,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 Lad 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 4-__� -____ —

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Permit no.WQCS00195
Case no.DV-2021-0076
Town of Ramseur
❑ (a) Whether one or more of the civil penalty 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 Town of Ramseur has been under a 3"party contractor for the last several
years. The contractor was responsible for the maintenance of the lines but there was no proactive
desire to repair and upgrade the Towns system.
DWR Response:Town had same SSOs since before contractor even began operating their
system. There is at least one specific point in system that continually has issues that need to be
addressed...the West Ridge PS.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:Due to a heavy rain events in January 2021, the Town was inundated with 3.5
inches over a 6-day period. This caused the sanitary sewer overflow.
DWR Response:This spill took place in December 2020, and not January 2021.
❑ (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:
Permittee States: The Town of Ramseur no longer has a 3'party contractor. The Town staff have
been actively researching and in the beginning stages of developing a strategic plan to upgrade the
sewer system and waste water system. The Town understands it is a slow process with the
conservative budget restraints.
DWR Response:Town should begin planning immediately to upgrade the West Ridge PS to mitigate
frequent large volume SSOs during rain events.

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Permit no.WQCS00195
Case no.DV-2021-0076
Town of Ramseur
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes U No❑
Original Penalty(without Enforcement Costs) $ 1,000.00_ (enter amount)
Partial Remission % 50 or$ 500.00 (amount remitted)
Subtotal $ 500.00_____
Retaining Enforcement Costs $ 139.11
Total Revised Assessment $ 639.11
C•ta
4241/4-1C
For S. Daniel Sm_th