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Home My WebLink AboutWQCS00179_DV-2022-0055 Remission Decision_20221214DocuSign Envelope ID: C8762A8E-425B-4453-8B36-938B93B723AD ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality 12/14/2022 CERTIFIED MAIL #7018 0040 0001 1449 6535 RETURN RECEIPT REQUESTED Christopher Doherty Franklin County Public Utilities 1630 U.S Hwy 1 Youngsville, NC 27596-9661 SUBJECT: Dear Permittee: CIVIL PENALTY REMISSION REQUEST Franklin County Collection System Permit WQCS00179 Case No. DV-2022-0055 Franklin 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 $ 786.57($750.00 civil penalty plus $36.57 enforcement) to the total amount of $636.57 ($600.00 civil penalty plus $36.57 enforcement cost). 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: C8762A8E-425B-4453-8B36-938B93B723AD WQCS00179 Remission Decision 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: kidAzt.ti YVWVt tIte "-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-2022-0055 Raleigh 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: C8762A8E-425B-4453-8B36-938B93B723AD DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: DV-2022-0055 Region: RRO County: Franklin Assessed Entity: Franklin County Public Utility Permit: WQCS00179 ❑ (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: January 3, 2022, at 6:15 AM FCPU staff noticed overflowing untreated wastewater flowing from the 3' and 4th upstream manholes to the Youngsville Regional pump station. The overflow condition stopped at 11:45AM. FCPU staff called NC Division of Water Resources on January 3, 2022, at 3:45 PM in report the overflow. The site was visited by the ORC of the collection system once the overflow condition stopped, staff cleaned the area of any debris and put lime down to neutralize the ph. DWR Response: The County's response was prompt in response to the large (-3") rain event and prevented additional environmental damage. Z (c) Whether the violation was inadvertent or a result of an accident: Permittee States: Unforeseeable heavy rain. DWR Response: Although this storm event was not widespread across the state, Franklin County did experience an unusual amount of rain. ❑ (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) $ 750.00 (enter amount) Partial Remission % 20 or $ 150.00 (amount remitted) Subtotal $ 60.00 Retaining Enforcement Costs $ 36.57 Total Revised Assessment $ 636.57 12/14/2022 DocuSigned by: C464531431644FE... For Richard E. Rogers, Jr. DocuSign Envelope ID: C8762A8E-425B-4453-8B36-938B93B723AD WQCS00179 Remission Decision STATE OF NORTH CAROLINA COMMISSION ENVIRONMENTAL MANAGEMENT COUNTY OF Franklin DWQ Case Number DV-2022-0055 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: Franklin County Public Utilities 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