WQCS00026_Remission Decision (DV-2023-0056)_20231016

A0 STATF„
ROY COOPER ?NF-yH f
Governor � �_ f��� �
ELIZABETH S. BISER s'�'
Secretary r a
RICHARD E. ROGERS, JR. m o
Director NORTH CAROLINA
Environmental Quality
October 16, 2023
CERTIFIED MAIL 7018 1830 0001 8036 9506
RETURN RECEIPT REQUESTED
Mr. Scott E. Clark, Director of Water Resources
City of Monroe
P. O. Box 69
Monroe,NC 28111
Subject: Remission Request of Civil Penalty Assessment
Collection System Permit WQCS00026
City of Monroe Collection System
Union County
Case Number DV-2023-0056
Dear Mr. Clark:
The Division of Water Resources has considered the information submitted in support of your request
for remission in accordance with G.S. 143-215.6A(f)and has not found grounds to modify the initial
civil penalty assessment of$878.16.
Should you choose to pay the 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 NC 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.
D E Q v North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh North Carolina 27699-1617
4.r.+ `+.....W w.. / 919.707.9000

Mr. Scott E. Clark
DV-2023-0056 Remission Decision
p. 2
Thank you for your cooperation in this matter. If you have any questions, please contact me at (919)
707-3602, or via e-mail at [e-mail].
Sincerely,
MAZ
for Richard E. Rogers, Jr.
Attachments
ec: Laserfiche Files (MRO/WQCS00026)

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2023-0056 Region: Mooresville County: Union
Assessed Entity: City of Monroe Collection System Permit: WQCS00026
❑ (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 City states the SSO was the result of a significant rain event(reported as approximately 2"
within a 4-hour period)that caused local flooding and inflow and infiltration to the collection system. The event
validated the City's use of Smart Cover technology and has prompted it to purchase additional Smart Covers to
monitor the system and better locate sources of l&l.
DWR Response: The City's investment in additional collection system flow monitoring technology is admirable, but
its purchase had no effect on the occurrence of this SSO. While its impacts may have been significant, the magnitude
of the rain event did not appear to be beyond that for which the City can be prepared.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
One prior civil penalty has been assessed against the City for a SSO within the past five years (DV-2019-0051).
❑ (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 ❑
Partial Remission ❑ $ (Enter Amount)
Al\k„qc (for Richarders,Jr. ate

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF UNION DWR Case Number DV-2023-0056
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
)
CITY OF MONROE )
City of Monroe Collection System )
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 potential violation of the statute concerning the authorized practice of law has occurred.
This the day of ,20
SIGNATURE
TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE( )
email