NCG590002_Remission Decision (LV-2024-0083)_20240713

Docusign Envelope ID: C206BB26-967D-4A17-9A08-9763AE9lC17B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
7/13/2024
CERTIFIED MAIL 7010 2780 0003 4825 9664
RETURN RECEIPT REQUESTED
Owen H. Strickland II, Mayor
Town of Bailey
PO Box 40
Bailey, NC 27807-0040
Subject: Remission Request of Civil Penalty Assessment
NPDES Permit NCG590002
Bailey Well #2
Nash County
Case Number: LV-2024-0083
Dear Mr. Strickland:
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 $51.60 of the $353.36 total penalty
assessment. The revised amount due is $301.76, which includes $95.36 in 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 revised penalty of $301.76.
If you decide to pay the revised penalty, please make your check in the amount of $301.76, 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:
Attn: Wren Thedford
NC DEQ-DWR — NPDES Permitting
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 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
NORmeM ofE,lm 919.707.9000
UepnrimeM of EnvlronmenUl Ouali�

Docusign Envelope ID: C206BB26-967D-4A17-9A08-9763AE91C17B
Town of Bailey — Bailey Well #2
Case LV-2024-0083 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:
Attn: Sydney Deuterman
NC DEQ-DWR — NPDES Permitting
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 Sydney
Deuterman at [phone] or via e-mail at sydney.deuterman(kdeq.nc.gov.
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
John E. Hennessy, Section Chief
Water Quality Regional Operations
Division of Water Resources
Attachments: DWR Civil Assessment Remission Factor Sheet (copy) &
Request for Oral Presentation Sheet
ec: Enforcement File: LV-2024-0083 [Laserfiche]
DWR WQ Regional Operations — Raleigh [Laserfiche]

Docusign Envelope ID: C206BB26-967D-4A17-9A08-9763AE91C17B
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2024-0083 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: The Permittee did not select this factor in their remission request. However, this
factor was considered by the Division. Subsequent to the Dec. 2023 violation and up through April
2024, the facility has been compliant with the turbidity permit limit.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: No specific response was provided for this factor. The Permittee states that the
sample collected on December 12, 2023 was clear, showing no evidence of pigmentation or turbidity.
They state the plant has not experienced any instances of exceeded turbidity within the past eight
months and appears to have been an isolated incident that wasn't attributed to any apparent treatment
system failures that would have taken place during that time. A graph of the plant's turbidity
monitoring results from May 2023 through Feb 2024 was included.
DWR Response: The permittee's response indicates the turbidity violation was an isolated incident.
Prior turbidity violations occurred in Dec. 2022 and Jan. 2023. Subsequent to the Dec. 2023
violation and up through April 2024, the facility has been compliant with the turbidity permit limit.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: No specific response was provided for this factor. The Permittee states that the
sample collected on December 12, 2023 was clear, showing no evidence of pigmentation or turbidity.
They state the plant has not experienced any instances of exceeded turbidity within the past eight
months and appears to have been an isolated incident that wasn't attributed to any apparent treatment
system failures that would have taken place during that time. A graph of the plant's turbidity
monitoring results from May 2023 through Feb 2024 was included.
DWR Response: In 2023, the Division issued 4 civil penalty assessments to the Town of Bailey for
violations at the Bailey Well #2 WTP.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States:
DWR Response:

Docusign Envelope ID: C206BB26-967D-4A17-9A08-9763AE91C17B
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs)
Partial Remission FA
Subtotal
Retaining Enforcement Costs
$258.00 (enter amount)
% 20 or $51.60 (amount remitted)
Total Revised Assessment
=4A1...
206.40
$95.36
301.76
7/13/2024
John E. Hennessy Date

Docusign Envelope ID: C206BB26-967D-4A17-9A08-9763AE91C17B
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-2024-0083
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.)
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