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Home My WebLink AboutWQCS00032_DV-2021-0065_20220208DocuSign Envelope ID: 6877F6D7-03F1-4332-91DB-5CCA8DE6D0F0 ROY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality 2/8/2022 CERTIFIED MAIL #7010 2780 0003 4825 8988 RETURN RECEIPT REQUESTED Mr. Seth Eckhard Town of Valdese P.0 Box 339 Valdese, NC 28690- 0339 SUBJECT: CIVIL PENALTY REMISSION REQUEST Valdese Collection System Permit WQC00035 Case No. DV-2021-0065 Burke 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 $1,314.75 ($1,200.00 civil penalty plus $114.75 enforcement) to the total amount of $1.074.75. 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. 1:1E NORTH CAROLINA Deperhnen1 el Ernlmnmemel Malay North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 6877F6D7-03F1-4332-91DB-5CCA8DE6D0F0 Thank you for your cooperation in this matter. If you have any questions, please contact Celeste Sugg at 919-707-3628 or Celeste.sugg@ncdenr.gov. Sincerely, DocuSigned by: YVUI (�t�t� (ft V k C LL "-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-2021-0065 Asheville Regional Office Municipal Unit Laserfiche D_E NORTH CARCIJNA peparo„ ent M &slmnme Ml puapty North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 6877F6D7-03F1-4332-91 DB-5CCA8DE6D0F0 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2021-0065 Assessed Entity: City of Valdese Region: Asheville Permit: WQCS00032 County: Burke n (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: n (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: Permittee States: Staff called a septic hauler to pump and haul to assist the pump station with keeping with the increased flow. The estimated amount of spill occurred while waiting for the haulers to arrive and during the time they were hauling. Everything with the pump station was functioning as it should. Both pumps were operational and pumping at or near maximum efficiency. Staff responded in a timely manner and did all they could do under the circumstances. The issue was resolved as the rainwater subsided and with continued hauling. DWR Response: Agree that the violator took steps to abate/mitigate the discharge. ❑ (c) Whether the violation was inadvertent or a result of an accident: Permittee States: The area experienced intense heavy rain over a short period of time. A total of2.6 inches of rain during a short period of time, approximately 8 hours. The ground was already extremely saturated from a very wet season. The creek was out of its banks and up to the pump station as a result of the excess rain. DWR Response: This level of storm is expected at least yearly for the Valdese area. I would not classify this as an accident, though it was not intentional. ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: n (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION: Retain Enforcement Costs? Yes No Original Penalty (without Enforcement Costs) Partial Remission � D_E NORTH CARCIJNA peparonent M &slmnme Ml punpty $1,200.00 (enter amount) % or $ 240.00 (amount remitted) Subtotal Retaining Enforcement Costs $ 960.00 $ 114.75 Total Revised Assessment $ 1,074.75 DocuSigned by: kidkAti, Akh but 2/8/2022 C464531431644FE_. For S. Daniel Smith North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 6877F6D7-03F1 -4332-91 DB-5CCA8DE6D0F0 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Burke DWQ Case Number DV-2021-0065 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Valdese Collection System REQUEST FOR ORAL PRESENTATION I hereby request to make an oral presentation before the Environmental Management Commission'sCommittee 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 ManagementCommission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during aCommittee 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 belimited 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 abusiness 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 Opinionaffects 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 presentationbefore 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 wouldnot 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 yourcase if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS D_E NORTH CARCIJNA peparonent M &slmnme Ml punpty TELEPHONE ( ) North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000