WQCS00150_DV-2022-0107 Remission (Decision)_20230210

DocuSign Envelope ID: 799E8BC8-8C57-4803-8A7D-5A5DFD49EE7E
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director Environmental Quality
NORTH CAROLINA
2/10/2023
CERTIFIED MAIL 7018 1830 0001 8035 4734
RETURN RECEIPT REQUESTED
James H. Gantt
Town of Burgaw
109 N. Waller Street
Burgaw, NC 28425-5234
Subject:
Dear Permittee:
REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Town of Burgaw
Pender County
PERMIT NO: WQCS00150
CASE NO: DV-2022-0107
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 $3140.56($3000.00civil penalty plus $140.56 enforcement) to the total amount of $890.56
($750.00 civil penalty plus $140.56 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 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 799E8BC8-8C57-4803-8A7D-5A5DFD49EE7E
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.
for
Sincerely,
Dobyy:Ltt
YVWVNk"C�1.1.1J
C464531431644FE_.
Richard E. Rogers, Jr.
Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
cc: Laserfiche
NCDEQ Wilmington Regional Office
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 799E8BC8-8C57-4803-8A7D-5A5DFD49EE7E
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2022-0107 Region: Wilmington County: Pender
Assessed Entity: Town of Burgaw Permit: WQCS00150
(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
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Due to excessive rain in a short period of time the stormwater
systems were overwhelmed.
DWR Response: WIRO acknowledges that the excessive amount of rain in a short span
of time overwhelmed the sewer system. However, finding solutions/funding for the pump
stations in flood prone areas needs to be a priority to prevent future SSOs
❑ (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 n
Retain Enforcement Costs? Yes 171 No ❑
Original Penalty (without Enforcement Costs)
$ 3,000.00 (enter amount)
Partial Remission 171 % 75 (amount remitted)
NORTHCAROLINA
Department of Environmental Deal
Subtotal $750.00
Retaining Enforcement Costs $140.56
Total Revised Assessment $890.56
DocuSigned by:
AutAltItIte
"-C464531431644FE_.
For Richard E. Rogers, Jr.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 799E8BC8-8C57-4803-8A7D-5A5DFD49EE7E
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Pender DWR Case Number DV-2022-0107
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Town of Burgaw
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 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000