WQCS00049_Remission Request (DV-2021-0141)_20211208

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co.WAIT*,
a t, �Y
ROY COOPER
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Governor � �
JOHN NICHOLSON
Interim Secretary 4egMvl.
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
12/8/2021
Summer Woodard
City of Reidsville
230 W. Morehead Street
Reidsville,NC 27320
SUBJECT: CIVIL PENALTY REMISSION
REQUEST
Town of Reidsville Collection System
Permit WQCS00049
Case No. DV-2021-0141
Rockingham County
Dear Pern ittee:
The Division has considered the information submitted in support of your request for remission in
accordance with G.S. 143-215.6A(t)and has decided to modify the initial civil penalty assessment
of$889.00($750.00 civil penalty plus$139.00 enforcement)to the total amount of$139.00.
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 mee
ting, 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.
Qwv North Carolina Department of Environmental Quality I Division of Water Resources
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512 North Salisbury Street I loll Mail Service Center I Raleigh,North Carolina 27694-1611
++��•���-+� /'� 919.707.9000

DocuSign Envelope ID:F6775EFE-9FE2-4713-BF0E-33DE31DB011A
Thank you for your cooperation in this matter. If you have any questions,please contact Celeste
Sugg at 919-707-3628 or('eteste.Sugg(wncdeni,guy.
Sincerely,
EAAAD,ocuSIgned by:
A `'•• f,.,'L
C464531431644FE...
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-2021-0141
Winston-Salem Regional Office
Municipal Files
DE�� North Carolina Department of Environmental Quality l Division of Water Resources
St2 North Salisbury Street I loll Malt Service Center Raleigh,North Carolina 27b99 Ibil
g �\ 919.707.9000

DocuSign Envelope ID:F6775EFE-9FE2-4713-BF0E-33DE31DB011A
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2021-0141 Region: Winston-Salem County:Rockin>:ham
Assessed Entity: City of Reidsville Permit:WOCS00049
1� (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: Not stated clearly in remission request
DWR Response:To issue a special order pursuant to G.S. 143-215.2(b)and G.S. 143-215.110
to any person whom the Commission finds responsible for causing or contributing to any
pollution of water within such watershed or pollution of the air within the area for which
standards have been established.
4 (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Upon receiving the report of an overflowing manhole a city employee
immediately checked the situation.When he found the location of the SSO he called the flusher
crew who came to the location, vacuumed the manhole to stop the flow of water from the
manhole,and flushed the line to relieve the blockage.All spilled water possible was vacuumed
from the curb and the area cleaned.
DWR Response:RCB— 11/19/21 —Agree that response was prompt and effective.
® (c) Whether the violation was inadvertent or a result of an accident:
Pennittee States: It was determined that an inflow of silt and debris from a private service line
manhole located on the private property of an industry was the contributing factor that caused
the blockage. Map of this area is attachment 4.
DWR Response:RCB— 11/19/21 —Agree that the SSO was inadvertent.
(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: The City of Reidsville has a clear record in regard to compliance in the
operation of our collection system.
DWR Response:RCB — 11/19/21 —Agree, the City of Reidsville reports very few SSOs and
has a minimal number of NOVs and/or CPAs.

DocuSign Envelope ID:F6775EFE-9FE2-4713-BF0E-33DE31DB011A
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: The City of Reidsville has no funds budgeted for fines or penalties. Any
funds used to pay a civil penalty will come from the Collection System operations budget
directly affecting the ability to purchase materials and services necessary for compliance.
DWR Response:RCB— 11/19/21 —Agree.
DECISION(Check One)
Request Denied ❑
Full Remission Retain Enforcement Costs? Yes No❑
Original Penalty(without Enforcement Costs) $ 750.00 (enter amount)
Partial Remission ❑ % _ or$ (amount remitted)
Subtotal $ 750.00
Retaining Enforcement Costs $ 139.00
Total Revised Assessment $ 139.00
p—DocuSlgned by:
"—C464 5314 31644 F E...
For S.Daniel Smith

DocuSign Envelope ID:F6775EFE-9FE2-4713-BF0E-33DE31DB011A
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Rockingham DWQ Case Number DV-2021-0141
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Reidsville 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 ethic,.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 sour 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( )
D E Q NorthNorth Carolina DepartmentSalisburyStrect1 oi1611f Environmental
vice QuaCenterlityI I Raklgk Division of WaterNorthCaroh Resourw27 rces
512 699-16u
FwYr.W \ve.„ 919.707.9000