NC0071447_Remission (Decision)_20240925

ROY COOPER CPO
Governor
MARY PENNY KELLY
Secretary -
RICHARD E. ROGERS, JR `mil
Director
NORTH CAROLINA
Environmental Quality
September 25, 2024
CERTIFIED MAIL # 7019-1120-0001-4877-7199
RETURN RECEIPT REQUESTED
Kris Cordes,Director
Catholic Conference Center
1551 Trinty Lane
Hickory,North Carolina 28602
Subject: Denial-Your Request to Remit Civil Penalties
for Case Number LV-2024-0167
NPDES Permit NC0071447
Catholic Conference Center WWTP,WPCS Class WW-2
Catawba County
Mr. Cordes:
The Division has considered the information you submitted in support of your request. In accordance
with NCGS 143-215.6A(f),the Division has found no cause to remit the original civil penalty
assessment of$427.13
Your outstanding balance of$427.13 is now due and payable. If you choose to pay, send payment to
the address below within thirty(30) days of receiving this letter. please make your check payable to the
Department of Environmental Quality(DEQ). Send payment to:
Attention: Wren Thedford [[e-mail]]
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Permitting Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If your payment is not received within thirty (30) days of this letter,your request for penalty remission,
including all supporting documents (together with DWR's recommendations), will be delivered to the
North Carolina Environmental Management Commission's (EMC's) Committee on Civil Penalty
Remissions (the 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:
Attention: Bobb Sledge [[e-mail]]
NCDEQ/DWR/NPDES /Point Source Branch
1617 Mail Service Center
Raleigh,NC 27699-1617
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—919.707.3616

Your request for an oral presentation and its supporting documents will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require your oral presentation, the
Commission will notify you by certified mail of a date, time, and place to present. Otherwise, the final
decision on your request for remission will be made by the Committee based on the written record.
Thank you for your continued cooperation in this matter. If you have questions about this transmittal,
please contact me at [e-mail]].
Sincerely,
Joe . Corpor n, P.G
C/o pliance nd Expedited Permitting Unit
J
Enclosed: Request for Oral Presentation form
Attached: Case LV-2024-0167 Remission Summary—signed 07Aug2024
Civil Penalty Assessment(CPA)_20230316
ec: Enforcement Case File LV-2024-0167
DWR Mooresville Regional Office (MRO), attn. Wes Bell,Andrew Pitner.
Central Files: [Laserfiche]

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF IREDALL ) DEQ Case Number LV-2024-0167
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
The Diocese of Charlotte
Catholic Conference Center WWTP )
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 TITLE(President, Owner,etc.)
ADDRESS
TELEPHONE( )

Docusign Envelope ID:EEED2272-E191-4EB1-B160-C22467259F33
Case Number:LV-2024-0167
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS and DECISIONS
Case Number: LV-2024-0167 Region: MRO County: Catawba
Assessed Entity: The Diocese of Charlotte Permit: NCO071447
Catholic Conference Center WWTP,WPCS Grade WW-2
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee[not asserted]:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee Asserts: [fecal violation] "...was immediately corrected and tested just fine the
following day."
DWR Response:
Fact Check: fecal coliform was NOT sampled the following day. Records show follow-up
sampling was not conducted until the following week.
® (c) Whether the violation was inadvertent or the result of an accident:
Permittee Asserts:
"As clearly indicated in the attached letter, the proposed penalties are based upon an incident
on one day only during the month; one that was immediately corrected and tested just fine the
following day. It seems unfair to use this one incident to penalize both the Weekly Average
and the Monthly Average. I request that both penalties be remitted."
DWR Response:
Permittee was assessed for violating daily max for fecal by 504.9% -not weekly/monthly averages;
only a single penalty was assessed as they do a daily,once a week. Permittee's response indicated that
there was an accumulation of solids in the chlorine-contact chamber that may have impacted the
sample. Previous and subsequent samples were<1 MPN/100ml. Despite the sample results appearing
anomalous, given the situation,MRO recommends no remission.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee Asserts: [not asserted]
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee[not asserted]:

Docusign Envelope ID: EEED2272-E191-4EB1-B160-C22467259F33
Case Number:LV-2024-0167
CPA$427.13 [$225.00 civil penalties plus $202.13 Costs]
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ® No ❑
Original Penalty(without Enforcement Costs) $225.00
Partial Remission No ® - $ 0.00
Subtotal $225.00
Retaining Enforcement Costs +$202.13
Total Revised Assessment $427.13
DocuSigned by:
8/7/2024
18328B44CE9EB4A1...
John E. Hennessy, Section Chief Date
Water Quality Regional Operations
Division of Water Resources
Civil Penalty Assessment (CPA) Summary
I, Andrew H. Pitner, Regional Supervisor, Mooresville Regional Office hereby make the
following civil penalty assessment against the Catholic Conference Center WWTP:
$225. 00 1 of 1 violations of G.S. 143- 215. 1(a)(6) and Permit No. NC0071447, by
discharging wastewater into the waters of the State in violation of the Permit
Daily Maximum for Coliform, Fecal MFC Broth, 44.5 C.
$225. 00 TOTAL CIVIL PENALTY
$202.13 Enforcement Costs
$427.13 TOTAL AMOUNT DUE