WQCS00214_DV-2022-0069 Remission Decision_20230104

DocuSign Envelope ID: 6013B326-ADCB-417A-B2C7-A656C6C7E89E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
1/4/2023
CERTIFIED MAIL # 7018 0040 0001 1449 6511
RETURN RECEIPT REQUESTED
Brantley Price
Town of West Jefferson
P.O. Box 490
West Jefferson, NC 28694-0490
SUBJECT:
Dear Permittee:
CIVIL PENALTY REMISSION REQUEST
West Jefferson Collection System
Permit WQCS00214
Case No. DV-2022-0069
Ashe County
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 remit the civil penalty in the amount of $500.00.
An enforcement cost of $132.71 is still due. 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
Please be advised that a full reduction of the civil penalty assessment in no way precludes the Division
from taking future enforcement actions against the subject facility should additional violations occur.
If you have any questions, please call Celeste Sugg at [phone]. Thank you for your cooperation in
this matter.
Sincerely,
byy:pp ,�,,. J.�',,� �� AA
LDocuSigned
U Y"W tI
C464531431644FE...
For Richard E. Rogers, JR
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy)
cc: Enforcement File #: DV-2022-0069
Winston Salem Regional Office
NORTH CAROLINA
Department M 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: 6013B326-ADCB-417A-B2C7-A656C6C7E89E
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2022-0069 Region: Winston Salem County: Ashe
Assessed Entity: West Jefferson Permit: WQCS000214
❑ (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 SSO was spotted quickly. The pump station was turned
off and valves were closed to limit the amount of overflow. The line was fixed
immediately and put back into service without further complications.
DWR Response: The spill continued for 30 minutes, so it was abated quickly.
• (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The SSO was caused by a hole in a 6" ductile force main. There was no
disturbance around the pipe to purposefully cause damage to the pipe. The area of the pipe
to either side of the hole showed no sign of weakness or degradation
DWR Response: The Town states that it could have been hit by a boring machine since the
rest of pipe looks fine. This could not have been avoided.
n (d) Whether the violator had been assessed civil penalties for any previous violations:
n (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 El
Original Penalty (without Enforcement Costs) $ 500.00 (enter amount)
Partial Remission ❑ % 100 or $ 500.00 (amount remitted)
Retaining Enforcement Costs $ 132.71
Total Revised Assessment $ 132.71
DocuSigned by:
C464531431644FE
For Richard E. Rogers, Jr.

DocuSign Envelope ID: 6013B326-ADCB-417A-B2C7-A656C6C7E89E
WQCS000214-- Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ASHE DWQ Case Number DV-2022-0069
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
West Jefferson 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