WQCS00021_Remission (Decision)_20221114

DocuSign Envelope ID: 42D45AA8-0909-47F1-90CD-F3223BCEF97B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
11/14/2022
CERTIFIED MAIL 7018 1830 0001 8035 4496
RETURN RECEIPT REQUESTED
Grant W. Goings, City Manager
City of Wilson
1800 Herring Avenue
Wilson, NC 27894-0010
Subject:
Dear Permittee:
REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Wilson Collection System
Wilson County
PERMIT NO: WQCS00021
CASE NO: DV-2022-0060
I have considered the information submitted in support of your request for remission in accordance
with G.S. 143-215.6A(f) and have decided to modify the initial civil penalty assessment of $286.57
($250.00 civil penalty plus $36.57 enforcement) to the total amount of $161.57 ($125.00 civil
penalty plus $36.57 enforcement).
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
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: 42D45AA8-0909-47F1-90CD-F3223BCEF97B
WQCS00021 Remission Decision
If you have any questions, please call Celeste Sugg at [phone] or via e-mail at
[e-mail]. Thank you for your cooperation in this matter.
Sincerely,
DocuSigned by:
YVUI (�t�t� lt C LL
'-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 #: DV-2022-0060
£ 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: 42D45AA8-0909-47F1-90CD-F3223BCEF97B
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2022-0060
Assessed Entity: City of Wilson
Region: RRO County: Wilson
Permit: WQCS00021
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
n (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The city promptly responded to the sewer spill and sealed the leaking
joints of a surcharged manhole by 2:OOPM. Due to high waters the outfall could not
be accessed, and a site visit was scheduled the following day.
Staff arrived onsite on January 20, 2022, at 8:OOAM. The water levels had receded
enough to notice a portion of 15-inch RCP had partially collapse downstream of the
manhole. This collapse resulted in an additional spill of approximately 9,000 gallons.
A temporary bypass pump was installed to divert all flow around the damaged pipe.
DWR Response: The Town's response was prompt after receding storm levels dropped enough to gain
access to the line and prevented additional environmental damage. The Town is planning to replace
this entire Bloomery Swamp reach within the next 12-24 month
n (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:
DECISION (Check One)
Request Denied El
Full Remission El Retain Enforcement Costs? Yes ❑■ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission ■❑
Subtotal
50
or $
$ 250.00
125.00
(enter amount)
(amount remitted)
$ 125.00
Retaining Enforcement Costs $ 36.57
Total Revised Assessment $ 161.57
DocuSigned by:
L
(t& V k LLb
C464531431644FE...
11/14/2022
For Richard E Rogers, JR

DocuSign Envelope ID: 42D45AA8-0909-47F1-90CD-F3223BCEF97B
WQCS00021 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Wilson DWR Case Number DV-2022-0060
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
City of Wilson
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