WQCS00272_DV-2023-0022_20230417

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ROY COOPER
Governor
EUZABETH S. BISER
RICHARD E. ROGERS, ]R
Director
NORTH CAROLINA
iE w&onmvtW QuaUty
4/17/2023
CERTIFIED MAIL 7003 1010 0003 0390 3213
RETURN RECEIPT REQUESTED
Corey Gooden, Director
Town of Edenton
PO Box 300
Edenton, NC 27932-0300
Dear Permittee:
RECEIVED/NCDENR/DWR
APR 2 5 2023
Water Quality
Regional Operations Section
Washington Regional Office
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Edenton Collection System
Chowan County
PERMIT NO: WQCS00272
CASE NO: DV-2023-0022
The Division has considered the information submitted in support of your request for remission in the
subject cases. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the
original civil penalty assessment of $1,137.67.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of receipt
of this letter. Please make the check payable to Department of Environmental Quality.
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 penalty (with supporting documents) and my
recommendation to deny 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:
. RE�Iwr3
Municipal Unit
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000'

DocuSlgn Envelope ID: 3EDDA815-AA3A-4F4C-AA05-1 F5BB62436F8
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
Celeste Sugg at [phone] or via e-mail at Celeste. [e-mail]
Sincerely,
17oeuslptMd by:
c.,tusaeuFF ..
For 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 Washington Regional Office
Robert.Tankard(Z4ncdenr. gov
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617

DocuSign Envelope ID: 3EDDA815-AA3A-4F4GAA05-1F5BB62436F8
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2023-0022 Region: WaRo County: Chowan
Assessed Entity: Edenton Collection System Permit: WQCS00272
❑ (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:
PermiUee States: Public Works director believes the sanitary sewer overflow resulted from
grease contaminants with an Industry Park customer. As soon as public works were alerted to the
blockage and overflow the sewer department was mobilized and had the issue resolved within 3
hours. The collections supervisor (Matt Pierce) will continue to clean that specific section of pipe
bi-weekly in an attempt to prevent this from happening again.
DWR Response: As the Town has stated, industry and the Town could have done more to prevent
the discharge of 8500 gallons of untreated wastewater to the stream. The Town has a FOG
program and should have been following and enforcing their program if the area is such a hot spot.
This office is not recommending remission.
❑ (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) $ (enter amount)
Partial Remission ❑ % or $ (amount remitted)
Subtotal $
Retaining Enforcement Costs $
Total Revised Assessment $
ooauSigned by:
A'1.6 4/17/2023
G64631431644FE_.
For Richard E. Rogers, Jr.

DocuSlgn Envelope ID: 3EDDA815-AA3A-4F4C-AA05-1F5BB62436F8
WQCS000272 Remission Decision
STATE OF NORTH CAROLINA
COUNTY OF Guilford
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Edenton Collection System
ENVIRONMENTAL MANAGEMENT COMMISSION
DWR Case Number DV-2023-0022
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
Mu est, 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.nebar.com/ethirs, 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 cQporation. 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 hearingyourcase if the
Committee is informed that a violation of the State Bar occurs.
This the
SIGNATURE
ADDRESS
day of 120
TITLE (President, Owner, etc.)
TELEPHONE ( 1