WQCS00124_DV-2021-0185 Remission (Decision)_20220414

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL #
RETURN RECEIPT REQUESTED
Clint Mack, Town Manager
Town of Robbins
PO Box 296
Robbins, NC 27325
Dear Permittee:
NORTH CAROLINA
Environmental Quality
4/13/2022
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Robbins Collection System
Permit WQCS00124
Case No. DV-2021-0185
Moore County
The Division has considered the information submitted in support of your request for remission
in the subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause
to remit the original civil penalty assessment of $1,135.17.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days
of receipt of this letter. Please make the check payable to NC Department of Environmental
Quality.
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 my recommendation to deny the request will be delivered to the North Carolina
Environmental Management Commission's (EMC) Committee on Civil Penalty Remissions
(Committee) for final agency decision.
1:/_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 6D64B37C-6A59-480D-BB64-E07FC2BF257A
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:
Celeste Sugg
NC DEQ / DWR
1617 Mail Service Center
Raleigh, NC 27699-1617
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 Celeste Sugg at [phone] or [e-mail].
cc: Enforcement File No. DV-2021-0185
Fayetteville Regional Office
NORTHCAROLINA
Department of Environmental Deal
Sincerely,
—DocuSigned by:
'—C464531431644FE...
For Richard E. Rogers,
Director, Division of Water Resources
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 6D64B37C-6A59-480D-BB64-E07FC2BF257A
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2021-0185 Region: Fayetteville
Assessed Entity: Town of Robbins Permit: WQCS00124
County: Moore
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner: Not applicable
• (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
Permittee States: Incident# 202101860: Town employees immediately began controlling the spillage
with dolomitic hydrated lime carbonite and troubleshooting the pump. The pump was able to be restarted
and resume operation, returning the manhole to normal operating level. To ensure the pump would
continue to operate properly, we ordered a complete maintenance overhaul of the pump as shown in
Incident# 202101957: Town maintenance workers responded immediately cordoned the area, doused
the surface area with dolomitic hydrated lime carbonite, and immediately unclogged the obstructed
sewer line.
DWR Response: By-pass pump was repaired, but the main pump station has yet to be repaired. It was
also noted that the ROW was in need of clearing.
• (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Incident# 202101860: The malfunction of the pump was unavoidable and completely
unpredictable however, addressing the violation was done in a timely and efficient manner.
Incident# 202101957: The intake sewer pump had malfunctioned resulting in a sewer overflow out of
the adjacent manhole. The malfunction of the pump was unavoidable and completely unpredictable.
DWR Response: The influent pump station was damaged in Hurricane Matthew and has yet to be
repaired. The Town has been using a portable pump since then that has given multiple issues.
(202101957) Rags in the line with no increased cleaning in this area. (202101860)
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Not applicable
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions: Not applicable
DECISION (Check One)
Request Denied �
Original Penalty (without Enforcement Costs) $1,000.00 (enter amount)
Retaining Enforcement Costs $ 135.17
Total Revised Assessment 1-DocuSigned by: $ 1,135.17
hictutd, Al tAlt bat
'-C464531431644FE...
For Richard E Rogers

DocuSign Envelope ID: 6D64B37C-6A59-480D-BB64-E07FC2BF257A
WQCS00124 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Moore DWQ Case Number DV-2021-0185
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Robbins Collection System
)
)
)
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 (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/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 ( )