NCG590002_Remission Decision (LV-2023-0074)_20230615

DocuSign Envelope ID: FF44ED62-1 E81-4841-83A7-6567586BBA44
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
6/15/2023
CERTIFIED MAIL 7018 1830 0001 8036 9483
RETURN RECEIPT REQUESTED
Thomas Richards, Mayor
Town of Bailey
PO Box 40
Bailey, NC 27807-0040
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Bailey Well #2 WTP
Nash County
PERMIT NO: NCG590002
CASE NO: LV-2023-0074
Dear Permittee:
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
$495.72 ($400.00 civil penalty plus $95.72 enforcement) to the total amount of $245.72 ($150.00 civil
penalty plus $95.72 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.
If you have any questions, please contact Sydney Carpenter at [phone] or via e-mail at
sydney.carpenter(&deq.nc.gov. Thank you for your cooperation in this matter.
Sincerely,
EDocuSigned by:
8B44CE9EB4A1...
Richard E. Rogers, Jr.
Director, Division of Water Resources
D E Q�� 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
Department NORTH onman�al 919.707.9000
ro of M EnmvnroDuali�

DocuSign Envelope ID: FF44ED62-1E81-4841-83A7-6567586BBA44
Remission Decision — LV-2023-0074
Town of Bailey
Page 2 of 2
Attachment: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
cc: NPDES Permit File [Laserfiche]
Raleigh Regional Office [Laserfiche]
D E Q�� 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
NORTH CAROLINA 919.707.9000
Depanmem of Envlmnmenml Dual

DocuSign Envelope ID: FF44ED62-1E81-4841-83A7-6567586BBA44
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0074 Region: Raleigh County: Nash
Assessed Entity: Town of Bailey Permit: NCG590002
❑ (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:
DWR Response:
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The Town originally believed that the high TSS value reported for November 8th
was due to a sampling time error, as the sample must be pulled during the middle of the back flush
process, which only takes S minutes total. The Town states that after further investigation, they
believe that an external factor is possibly causing the increased TSS value during the first half of the
month. The Town states that the notification of the high value from the lab was delayed (received
November 30th) and therefore the ORC was unable to pull another sample for the November
monitoring period to show the facility's performance and help prevent the violation. The Town has
requested that the lab provide a quicker notification for these types of incidents and they are
continuing their investigation into the possible cause of increased TSS.
DWR Response: The ORC should have been aware to not take samples during the back flush cycle.
❑ (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: No specific response was provided for this factor.
DWR Response: Remedial actions consists of requesting the lab to inform them of high TSS values.
No payment is involved in remedial actions.
DECISION (Check One)
Request Denied ❑

DocuSign Envelope ID: FF44ED62-1E81-4841-83A7-6567586BBA44
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission ® %
Subtotal
Retaining Enforcement Costs
$400.00 (enter amount)
or $250.00 (amount remitted)
$150.00
$95.72
Total Revised Assessment
DocuSigned by:
8328B44CE9EB4A1...
for Richard E. Rogers, Jr.
$245.72
6/15/2023
Date

DocuSign Envelope ID: FF44ED62-1 E81-4841-83A7-6567586BBA44
NCG590002 Remission Decision
STATE OF NORTH CAROLINA
COUNTY OF NASH
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
TOWN OF BAILEY
ENVIRONMENTAL MANAGEMENT COMMISSION
DWR Case Number LV-2023-0074
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
ADDRESS
TITLE (President, Owner, etc.)
TELEPHONE