NC0085928_Remission (Decision)_20210928 (2)

DocuSign Envelope ID: 185DE6D9-4338-4CAF-ADB7-00521EAB4772
ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 28, 2021
CERTIFIED MAIL # 7019 0140 0000 2844 3296
RETURN RECEIPT REQUESTED
John Guglielmetti
American Truetzschler Inc
PO Box 669228
Charlotte, NC 28266-9228
SUBJECT:
Dear Mr. Guglielmetti:
CIVIL PENALTY REMISSION REQUEST
American Truetzschler Inc.
Permit NC0085928
Case TX-2021-0006
Mecklenburg County
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 $3,073.88 ($3,000.00 civil penalty plus $73.88 enforcement costs) to the total
amount of $2473.88 ($2400.00 civil penalty plus $73.88 enforcement costs).
If you choose to pay the modified penalty, please send a check payable to NC DEQ within thirty
(30) days of receipt of this letter to:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
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 the Division's recommendation 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:
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North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 11621 Mail Service Center I Raleigh, North Carolina 27699-I621
919,743,8400

DocuSign Envelope ID: 185DE6D9-4338-4CAF-ADB7-00521EAB4772
Mr. Zach Thomas
NC DEQ / DWR / WSS
1621 Mail Service Center
Raleigh, NC 27699-1621
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 to require an oral
presentation from 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 Zach Thomas at [phone] or [e-mail].
Sincerely,
LDocuSigned by:
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676E9F78241 C4B5...
for S. Daniel Smith
Director, Division of Water Resources
CC: Kellie Hedrick, ORC (via email: [e-mail])
Donna Farris (via email: dfarris@a,excelengr.com)
Wes Bell, MRO (via email: wes.bell@a,ncdenr.gov)
Derek Denard, CO (via email: derek.denard@a,nedenr.gov
ATB Enforcement File & Laserfiche
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North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 11621 Mail Service Center I Raleigh, North Carolina 27699-I621
919,743,8400

DocuSign Envelope ID: 185DE6D9-4338-4CAF-ADB7-00521EAB4772
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
American Truetzschler Inc.
DWR CASE NUMBER: TX-2021-0006
REQUEST FOR ORAL PRESENTATION
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
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.
(5)
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 (
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North Carolina Department of Environmental Quality I Division of Water Resources I Bio Lab
4401 Reedy Creek Road 11621 Mail Service Center I Raleigh, North Carolina 27699-I621
919,743,8400