NC0039578_compliance (Remission decision)_20230203

DocuSign Envelope ID: 0037786C-AC22-449E-8A27-730337FEAFAO
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 3, 2023
CERTIFIED MAIL ITEM 7018 1830 0001 8036 8011 - RETURN RECEIPT REQUESTED
Mr. Stan Bryson
Tuckaseigee Water & Sewer Authority
1246 W Main St
Sylva, NC 28779
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Jackson County WWTP
Permit NC0039578
Case LV-2022-0321
Jackson County
Dear Permittee:
I have considered the information submitted by your municipality in support of a request
for remission in the subject case. The problems with your facility's chlorine supply were
noted. Therefore, in accordance with NCGS 143-215.6A (f), the civil penalty will be
reduced by $180.00. Your firm is responsible for the remaining penalties and enforcement
costs, which total $840.86.
If you choose to pay the penalties, send payment to the address below within thirty (30)
days of receipt of this letter. Please make the check[s] 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 penalties (with
supporting documents) and my recommendation regarding the request will be delivered to
the North Carolina Environmental Management Commission's (EMC) Committee On Civil
Penalty Remissions (Committee) for final agency decision.
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 forms within thirty (30) days of receipt of this
letter. Please mail the completed forms to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
D_E
NOH I H C-.M1,A
oeparlmant of Envlronmontal quality
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 0037786C-AC22-449E-8A27-730337FEAFAO
NC0039578 Remission Decision
Page 2 of 3
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. Otherwise, the final decision on your
request for remission will be made by the Committee based on the written record.
Thank you for your cooperation in this matter. If you have any questions about this letter,
please contact Mr. Weaver at [e-mail].
cc: NPDES file
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
for Richard E. Rogers, Jr.
Director, Division of Water Resources

DocuSign Envelope ID: 0037786C-AC22-449E-8A27-730337FEAFAO
NC0039578 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF JACKSON DWQ Case Number LV-2022-0321
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Tuckaseigee Water & Sewer Authority
)
)
)
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.)
MAILING ADDRESS
eMail TELEPHONE ( )

DocuSign Envelope ID: 0037786C-AC22-449E-8A27-730337FEAFAO
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0321 Region: Asheville County: Jackson
Assessed Entity: TW&SA / Jackson County WWTP Permit: NC0039578
n (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Facility staff checked chlorine feed rate and corrected it after violations were noted.
No further fecal violations occurred.
DWR Response: ARO recommends 20% reduction of penalty.
▪ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Violations occurred "in part due to the instability of the most recent chlorine
shipment. We diluted two tanks in exactly the same manner out of the same shipment and one of the
tanks had degraded to< 1% and the other was still relatively stable at 6%. This instability seems to be
a relatively recent issue. While some degradation of liquid chlorine is expected this seemed to be a
more extreme rate."
"TWSA has recently obtained chlorine from an additional source that allows us to buy a smaller
minimum order. This will hopefully prevent some of the shelf life issues of the bleach used to
disinfect with. The staff has also recently installed a recirculation pump on the chlorine holding tank
to try and prevent a separation or layering of the bleach from the dilution water."
DWR Response: ARO recommends 20% reduction of penalty.
n (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:
DECISION (Check One)
Request Denied El

DocuSign Envelope ID: 0037786C-AC22-449E-8A27-730337FEAFA0
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $900.00 (enter amount)
Partial Remission 20% or $180.00 (amount remitted)
Subtotal $720.00
Retaining Enforcement Costs $120.86
Total Revised Assessment $840.86
c—DocuSigned by:
2/7/2023
\-----8328B44CE9EB4A1..
Richard E. Rogers, Jr. Date