NC0020800_compliance (remission decision)_20231212

DocuSign Envelope ID: 9751CO3E-F311-4FAB-B795-DDA38A6C79EB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RIC&RD E. ROGERS, JR.
Director
STATE o,
NORTH CAROLINA
Environmental Quality
12/12/2023
CERTIFIED MAIL ITEM 7019 1120 0001 4877 6536 - RETURN RECEIPT REQUESTED
Mr. Bill Green
Town of Andrews
P.O. Box 1210
Andrews, NC 28901-1201
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Andrews WWTP
Permit NCO020800
Case LV-2023-0248
Cherokee County
Dear Permittee:
I have considered the information submitted by your Operator in Responsible Charge
(ORC) in support of a request for remission in the subject case. The fact that your facility
is actively working to rectify past operational deficiencies does not excuse the ongoing
violations. Therefore, I have found no cause to remit any of the original penalty. Your
municipality is responsible for the existing penalty and enforcement costs, which total
$4,620.69.
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
WE ��� North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
NOHIH CAHOUNA
O.p.— m Q�. ly 919.707.9000

DocuSign Envelope ID: 9751CO3E-F311-4FAB-B795-DDA38A6C79EB
NC0020800 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.
We recommend that you discuss a Special Order by Consent with the Asheville Regional
Office to address compliance issues until your new WWTP is operational.
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:
8328B44CEKB4A1...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
ec: NPDES file (Laserfiche)

DocuSign Envelope ID: 9751CO3E-F311-4FAB-B795-DDA38A6C79EB
NCO020800 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA
COUNTY OF Cherokee
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Town of Andrews
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQ Case Number LV-2023-0248
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
SIGNATURE
MAILING ADDRESS
eMail
day of 120.
TELEPHONE
TITLE (President, Owner, etc.)

DocuSign Envelope ID: 9751CO3E-F311-4FAB-B795-DDA38A6C79EB
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2023-0248 Region: Asheville County: Cherokee
Assessed Entity: Andrews WWTP Permit: NCO020800
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
E (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: The permittee states that they promptly worked to abate the TSS violations but gave
no details.
DWR Response: ARO recommends no remission.
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: The permittee states that aging/failing infrastructure is the cause of the violations.
Grant funding has been acquired for construction of a new WWTP and a new influent pump station.
They ask for remission because the existing equipment will not be compliant until replaced by the
new WWTP.
DWR Response: ARO recommends no remission. Failing infrastructure is neither an accident nor
inadvertent.
❑ (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
$4,500.00 (enter amount)
0% or $0.00 (amount remitted)
Total Revised AssessmentpocuSigned by:
�8328B44CEKB4M...
$4,500.00
$120.69
$4,620.69
12/12/2023
Richard E. Rogers, Jr. Date