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Home My WebLink AboutWQCS00205_Remission (Decision)_20221017DocuSign Envelope ID: E2665A85-3BA8-41 BF-BAFE-20A27D346C96 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality 10/17/2022 CERTIFIED MAIL # 7015 1830 0001 8035 4465 RETURN RECEIPT REQUESTED Jack Wallin Town of Marshall P.O. Box 548 Marshall, NC 28753-0548 SUBJECT: CIVIL PENALTY REMISSION REQUEST Town of Marshall Marshall Collection System Permit WQCS00205 Case No. DV-2022-0047 Madison 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 $872.84 ($750.00 civil penalty plus $122.84 enforcement) to the total amount of $122.84. 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:/_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: E2665A85-3BA8-41 BF-BAFE-20A27D346C96 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, rnDoc'u,'Signed byy:A A',l'^.'' w C464531431644FE... 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 No. DV-2022-0047 Asheville Regional Office £ D_E NORTHCAROLINA Department of Environmental Duel 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: E2665A85-3BA8-41BF-BAFE-20A27D346C96 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2022-0047 Region: ARO Assessed Entity: Town of Marshall Permit: WQCS00205 County: Madison ❑ (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: Permittee States: Windshield wiper turned crossways and blocked the pipe. See letter for detailed explanation. DWR Response: This appears to have been caused by an unusual blockage, not a deficiency in O&M, and the Town took action to prevent this from happening again. ❑ (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: DECISION (Check One) Request Denied ❑ Full Remission Retain Enforcement Costs? Yes No ❑ Original Penalty (without Enforcement Costs) Partial Remission El $ 750.00 (enter amount) % 100 or $ 750.00 (amount remitted) Subtotal $ 0 Retaining Enforcement Costs $122.84 Total Revised Assessment $122.84 DocuSigned by: LI Uth2LL W t LLI C464531431644FE... 10/17/2022 For Richard E. Rogers JR DocuSign Envelope ID: E2665A85-3BA8-41BF-BAFE-20A27D346C96 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Madison DWQ Case Number DV-2022-0047 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Marshall 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 £ D_E NORTH CAROLINA Department of Environmental Duel TELEPHONE ( ) 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