NC0049620_Remission (Decision)_20230307

DocuSign Envelope ID: 1 EA2D6AD-D917-4A5C-B2C0-51 E48E2BC3DC
SrATE o,
r
ROY COOPER If F'i n
Governor yu "•i,
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
March 7, 2023
CERTIFIED MAIL ITEM 7018 1830 0001 8036 8042 - RETURN RECEIPT REQUESTED
Mayor Abigail Norton
Town of Hot Springs
P.O. Box 218
Hot Springs, NC 28743-0218
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Hot Springs Housing Authority WWTP
Permit NCO049620
Case LV-2022-0341
Madison County
Dear Permittee:
I have considered the information submitted by your authorized representative (James &
James Environmental Management) in support of a request for remission in the subject
case. The fact that your facility is actively working to rectify past operational deficiencies
was noted, as was your plan to replace the sand in the filter bed. Therefore, in accordance
with NCGS 143-215.6A (f), the civil penalty will be reduced by $250.00. Your municipality
is responsible for the remaining penalties and enforcement costs, which total $870.86.
If you choose to pay the penalty, send payment[s] to the letterhead address 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 requests for remission of the civil penalty (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 form within thirty (30) days of receipt of this
letter. Please mail the completed form to:
Mr. Charles H. Weaver
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
D Q
�� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
NCH
pamn ofE vinnmonmury 919.707.9000

DocuSign Envelope ID: 1 EA2D6AD-D917-4A5C-B2C0-51 E48E2BC3DC
NC0049620 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].
Sincerely,
DOCUSigned by:
8328B44CE9EB4A1...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
ec: NPDES file (Laserfiche)

DocuSign Envelope ID: 1 EA2D6AD-D917-4A5C-B2C0-51 E48E2BC3DC
NCO049620 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Madison DWQ Case Number LV-2022-0341
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Town of Hot Springs )
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
SIGNATURE
MAILING ADDRESS
eMail
day of 120.
TELEPHONE
TITLE (President, Owner, etc.)

DocuSign Envelope ID: 1 EA2D6AD-D917-4A5C-B2C0-51 E48E2BC3DC
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2022-0341 Region: Asheville County: Madison
Assessed Entity: Hot Springs Housing Authority WWTP Permit: NCO049620
❑ (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:
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The permittee states: "...our response to DEQ is an increased effort to remove
solids/or the settling tanks to prevent solids to the sand filter. The sand filter is in need of rehab and
replacement of the media and once the use of a portion of the $1,000,000 earmark funding is
approved for these modifications/rehab the filter system will be rehabilitated.
The Town of Hot Springs has also authorized James and James to have the influent tanks pumped as
needed to keep grease from entering the beds."
DWR Response: ARO recommends 25% remission. New ORC is working to rectify past operational
deficiencies. ARO agrees that replacement of the sand should address the compliance issue.
❑ (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)
Partial Remission
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$1,000.00 (enter amount)
25% or $250.00 (amount remitted)
$750.00
$120.86
$870.86
=4A1...
3/8/2023
Richard E. Rogers, Jr. Date