NC0020061_Remission (Decision)_20220609

DocuSign Envelope ID: F18605B0-OBBA-430A-A18A-C216CA98B121
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director Environmental Quality
NORTH CAROLINA
6/7/2022
CERTIFIED MAIL 7018 1830 0001 8037 1264
RETURN RECEIPT REQUESTED
James Buddy Gwaltney, Mayor
Town of Spring Hope
PO Box 87
Spring Hope, NC 27882
Subject:
Dear Permittee:
REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Spring Hope WWTP
Nash County
PERMIT NO: NC0020061
CASE NO: MV-2022-0003
MV-2022-0004
I have considered the information submitted in support of your request for remission in the subject cases. In
accordance with NCGS 143-215.6A (f), I have found no cause to remit the original civil penalty assessments of
$86.57 for case MV-2022-0003 and $86.57 for case MV-2022-0004.
If you choose to pay the penalties, send payment to the letterhead address within thirty (30) days of receipt of this
letter. Please make the check payable to NC DEQ.
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.
If you desire to make an oral presentation to the Committee on why your request(s) for remission meets one or
more of the five statutory factors you were asked to address, you must complete and return the attached form(s)
within thirty (30) days of receipt of this letter. Please mail the completed form(s) to:
Attn: Sydney Carpenter
NC DEQ / DWR / NPDES
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(s) for remission will be made by the Committee based on the written record.
NORTH CAROLINAO E �/
Department of Environmental Duali
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: F18605B0-OBBA-430A-A18A-C216CA98B121
Spring Hope WWTP
Remission Decision
Page 2 of 2
If you have any questions, please call Sydney Carpenter at [phone] or via e-mail at
[e-mail]. Thank you for your cooperation in this matter.
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
Richard E. Rogers, Jr.
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
cc: Enforcement File #: MV-2022-0003; MV-2022-0004 [Laserfiche]
Raleigh — DWR WQ Regional Operations [Laserfiche]

DocuSign Envelope ID: F18605B0-OBBA-430A-A18A-C216CA98B121
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: MV-2022-0003 Region: Raleigh County: Nash
Assessed Entity: Town of Spring Hope Permit: NC0020061
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The Town states that after reviewing sampling procedures, they discovered the
operator was pulling the sample in the bottle provided by the lab with the appended chain of custody.
The Town states that although the operator was sampling for the parameter and the lab was sampling
according to the COC, the correct COC was only being sent once a month instead of twice a month.
The Town acknowledges that it is the operator's responsibility, however they state that they do rely
on the lab for assistance. The Town states they have provided the operator with the appropriate chain
of custody so that it doesn't happen again in the future, and they are looking to implement a work
order program for sampling schedules to assist the operators with their compliance issues as well as
individual sampling plans designed for each system.
DWR Response: It is the permittee's responsibility to meet the requirements of the NPDES permit.
The permittee should provide its operators with a current copy of the permit, and the operator should
ensure the limits and monitoring requirements are met. The Town nor the operator should rely on the
contract lab's Chain of Custody for correct sampling.
n (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:
n (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:

DocuSign Envelope ID: F18605B0-OBBA-430A-A18A-C216CA98B121
DECISION (Check One)
Request Denied IZ
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $ 50.00 (enter amount)
Partial Remission ❑
or $ (amount remitted)
Subtotal $ 50.00
Retaining Enforcement Costs $ 36.57
Total Revised Assessment
by:
'— 8328B44CE9EB4A1...
$ 86.57
6/7/2022
for Richard E. Rogers, Jr. Date

DocuSign Envelope ID: F18605B0-OBBA-430A-A18A-C216CA98B121
NC0020061 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF NASH DWR Case Number MV-2022-0003
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
TOWN OF SPRING HOPE
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 ( )

DocuSign Envelope ID: F18605B0-OBBA-430A-A18A-C216CA98B121
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: MV-2022-0004 Region: Raleigh County: Nash
Assessed Entity: Town of Spring Hope Permit: NC0020061
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The Town states that after reviewing sampling procedures, they discovered the
operator was pulling the sample in the bottle provided by the lab with the appended chain of custody.
The Town states that although the operator was sampling for the parameter and the lab was sampling
according to the COC, the correct COC was only being sent once a month instead of twice a month.
The Town acknowledges that it is the operator's responsibility, however they state that they do rely
on the lab for assistance. The Town states they have provided the operator with the appropriate chain
of custody so that it doesn't happen again in the future, and they are looking to implement a work
order program for sampling schedules to assist the operators with their compliance issues as well as
individual sampling plans designed for each system.
DWR Response: It is the permittee's responsibility to meet the requirements of the NPDES permit.
The permittee should provide its operators with a current copy of the permit, and the operator should
ensure the limits and monitoring requirements are met. The Town nor the operator should rely on the
contract lab's Chain of Custody for correct sampling.
n (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:
n (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:

DocuSign Envelope ID: F18605B0-OBBA-430A-A18A-C216CA98B121
DECISION (Check One)
Request Denied IZ
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $ 50.00 (enter amount)
Partial Remission ❑
or $ (amount remitted)
Subtotal $ 50.00
Retaining Enforcement Costs $ 36.57
Total Revised Assessment $ 86.57
DocuSigned by:
8328B44CE9EB4A1...
6/7/2022
for Richard E. Rogers, Jr. Date

DocuSign Envelope ID: F18605B0-OBBA-430A-A18A-C216CA98B121
NC0020061 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF NASH DWR Case Number MV-2022-0003
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
TOWN OF SPRING HOPE
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 ( )