The URL can be used to link to this page

Home My WebLink AboutWQCS00111_DV-2021-0052 Remission (Decision)_20211028DocuSign Envelope ID: 209329CA-5AD6-4A6D-8336-1A06A2A74A74 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality 10/28/2021 CERTIFIED MAIL #7018 1830 0001 8037 2322 RETURN RECEIPT REQUESTED Zach 011is, Town Manager Town of Tryon 301 N. Trade Street Tryon, NC 28782 SUBJECT: Dear Permittee: CIVIL PENALTY REMISSION REQUEST Town of Tryon Collection System Permit WQCS00111 Case No. DV-2021-0052 Polk 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 $2,119.92 ($2,000.00 civil penalty plus $119.92 enforcement) to the total amount of $1,119.92 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. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 276991617 919.707.9000 DocuSign Envelope ID: 209329CA-5AD6-4A6D-8336-1A06A2A74A74 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: 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-2021-0052 Asheville Regional Office Municipal Unit North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street ! 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 209329CA-5AD6-4A6D-8336-1A06A2A74A74 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Polk DWQ Case Number DV-2021-0052 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Town of Tryon ) 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 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 Opinion affects how you may proceed with your oral presentation. See www.ncbar.com1ethics 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 1:0JE TELEPHONE ( North Carolina Department of Environmental Quality J Division of Water- Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 209329CA-5AD6-4A6D-8336-1A06A2A74A74 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2021-0052 Region: ARO Assessed Entity: Town of Tr►on Permit: WOCS00111 County: Polk ❑ (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: ❑ (c) Whether the violation was inadvertent or a result of an accident: ❑ (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: To date, we have spent over $35,000 in engineering fees as well as $30,000 in immediate repairs. Receipts can be provided if requested. We truly feel that the Braewick Road sewer project will solve this issue once completed. DWR Response: Agree that money spent toward penalties could hinder Tryon's ability to pay for repairs. DECISION (Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Costs? Yes • No ❑ Original Penalty (without Enforcement Costs) $_2.000.00 (enter amount) Partial Remission % _ 50 or $ 1.000.00 (amount remitted) Subtotal Retaining Enforcement Costs $ 1,000.00 $ 119.92 Total Revised Assessment $ 1.119.92 c6y: [D�CUSWd ittictud,itthikklitith C464531431644FE... 10/28/2021 For S. Daniel Smith Date