WQCS00170_DV-2022-0048_Remission (Decision)_20220912

DocuSign Envelope ID: 0CEA8667-B2F9-473C-B45E-lC9976F8EDDA
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR.
Director
NORTH CAROL-INA
Environmental Quality
9/12/2022
CERTIFIED MAIL 70191120 00014877 5713
RETURN RECEIPT REQUESTED
Town of Bryson City
Regina Mathis
P.O. Box 726
Bryson City, NC 28713-8211
Dear Permittee:
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Water (duality REgiul,dl Uperations
Asheville Regional Office.
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Town of Bryson City
Bryson City Collection System
Permit no.: WQCS00170
Case no. DV-2022-0048
Swain County
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
assessment of $1,813.78.
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 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 supnorting 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 dec'-inn.
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:
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.
D North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
nonr"c^ao-"" \ r 919.707,9000
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DocuSign Envelope ID: OCEA8667-B2F9-473C-B45E-1C9976F8EDDA
Otherwise, the final decision on your request for remission will be made by the Committee based o11 the
written record.
If you have any questions, please call Celeste Sugg at [phone] or via e-mail at
Celeste. [e-mail]. Thank you for your cooperation in this matter.
Sincerely,
EAAD'ocuSigned by:
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For 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 #: DV-2022-0048
Asheville Region Office
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q
512 North Salisbury Street 11611 Mail Service Center Raleigh, North Carolina 27699-1611
NORTH CAROLINA _`
oz�enmens of emwownwrr wwr\\v//�/ 919.707.9000

DocuSign Envelope ID: OCEA8667-B2F9-473C-B45E-1C9976F8EDDA
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2022-0048 Region: ARO County: Swain
Assessed Entity: Town of Bryson City Permit: WQCS00170
❑ (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:
Permittee States: The Towns maintenance crew responded to the sanitary sewer overflow within an
hour of the occurrence. A mobile generator was taken to the site to restore power to the pumps to
maintain system pressure. The sewer lift station was completely pumped down within 30 minutes
DWR Response: It's not clear that pumping the sewer lift station abated the overflow.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: A tornado hit the area unexpectedly and electricity was lost. The water plant and
one of the sewer lift stations are in the direct path of the storm. The ORC started a backwash cycle
which caused the sludge tank to overflow.
DWR Response: This appears to be the result of ORC error, not an unavoidable 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: Money could be utilized to assist in the purchase of an on -site generator.
DWR Response: We do not believe an $1800 fine will prevent the ability purchase an on -site
generator.
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Costs? Yes 0 No ❑
Original Penalty (without Enforcement Costs) 1,700.00 enter amount)
Partial Remission ❑ % or $ 0_ (amount remitted)
Subtotal $ 1,700.00
Retaining Enforcement Costs $ 113.78
Total Revised Assessment $ 1,813.78
IAD'ocuSign'ed by:
For?fig �R.

DocuSign Envelope ID: OCEA8667-B2F9-473C-B45E-1 C99761`8EDDA
WQCS00017 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF SWAIN DWR Case Number: DV-2022-0048
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Bryson City 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 mv original remission
re uest, 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
SIGNATURE
P.INJ yJ N.�1►T�
20
TITLE (President, Owner, etc.)
TELEPHONE