NC0035173_Remission (Decision)_20240509

DocuSign Envelope ID:2CB32DB3-E91C-483A-8FBD-644B279C99CA
S:Ais
ROY COOPER
Governor 4 ,�
ELIZABETH S. BISER
Secretary
'Maxi
RICHARD E. ROGERS,JR.
Director NORTH CAROUNA
Envlroameatal Quality
May 9,2024
CERTIFIED MAIL 7014 0150 0001 4024 4506
RETURN RECEIPT REQUESTED
Ivan D. Stefano
Wieland Copper Products, LLC
3990 US 311 Hwy N
Pine Hall,NC, 27042
Subject: Remission Request of Civil Penalty Assessment
Permit NO:NCO035173/003
Wieland Copper Products, LLC
Stokes County
Case Number TX-2022-0012
Dear Permittee:
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 remitted $2000.00 of the $2073.88 total
penalty assessment. The revised amount due is $73.88, for the investigative costs.A copy of the
remission decision is attached.
Two options are available to you at this stage of the remission process:
You may pay the remaining enforcement costs of$73.88.
If you decide to pay the revised assessment,please make your check in the amount of$73.88,payable
to the Department of Environmental Quality(DEQ). Send the payment within thirty(30)calendar days
of your receipt of this letter to the attention of:
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
You may decide to have the Environmental Management Commission's (EMC's)Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter,your request for
remission with its supporting documents, and the recommendation of the Division of Water Resources
will be delivered to the EMC's Committee on Civil Penalty Remissions for a final agency decision.
D�E1 North Carolina Department of Emrironmental QuaNty I Division of Water Resources
,e,-- fff"' 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
!»+r y• •
'��4+►� /'� 919.707.9000

DocuSign Envelope ID:2CB32DB3-E91C-483A-8FBD-644B279C99CA
Case TX-2022-0012 DWR Remission Decision
p. 2
You have the option of presenting your request in person to the EMC's Committee on Civil Penalty
Remissions. If you or your representative would like to speak before the Committee,you must
complete and return the attached Request for Oral Presentation Form within thirty(30) calendar days
of receipt of this letter. Send the completed form to:
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Please be advised that if an in-person presentation is not requested,the Committee's decision regarding
your remission request will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore,the Committee may choose to
uphold the original penalty amount and offer no remission, it may agree with the Division of
Water Resources' remission recommendation detailed above, or the penalty amount may be
further remitted.
Thank you for your cooperation in this matter. If you have any questions,please contact Molly
Nicholson at 919-743-8424, or via e-mail at [e-mail].
Sincerely,
DOglSipnad by:
8328B"rr-QrB4A1...
John Hennessy, Environmental Program Manager I
Division of Water Resources
Attachments
ec: Laserfiche Files

DocuSign Envelope ID:B948EFD5-ADB6-459C-A6EA-74E1F7F9CFOD
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: TX-2022-0012 Region: Winston-Salem County: Stokes
Assessed Entity: Wieland Copper Products,LLC Permit: NCO035173/003
❑ (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:
Z (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:Requesting a remission of the civil penalty because the violation was unintentional
and inadvertent. In addition to incurring significant costs to abate the toxicity failure in our effluent
and return to compliance,Wieland has spent considerable time and taken numerous actions to
determine the root cause(s)of the failure. (See above summary and attached packet for more details).
DWR Response:
ATB:The facility has kept ATB informed of all efforts to mitigate and determine toxicity issues;
Toxicity issues have been significantly reduced since June 2022,with only one failure in July 2022.A
permit modification effective June 1,2023,will allow Wieland to combine the effluent of outfalls 001
and 003, set outfall 003 as inactive, and primarily use outfall 001 to discharge.
WSRO: Region agrees with assessment by ATB.The facility has remained in contact with DWR in
hopes to mitigate the 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 0 Retain Enforcement Costs? Yes ® No ❑
Original Penalty(without Enforcement Costs) $2000(enter amount)
Partial Remission ❑ % 100 or $ 2000 (amount remitted)
Subtotal $0.00
Retaining Enforcement Costs $73.88
Total Revised Assessment Docuftned by. $73 88
• 4/14/2024
8328B4 MEB4A1...
John Hennessy Date

owl
NCO035173 Remission i
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF STOKES DWR Case Number TX-2022-0012
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
WIELAND COPPER PRODUCTS,LLC )
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
re ues 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 TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE