NC0026573_LV20170221_20170905

Water Resources
ENVIRONMENTAL QUALITY
September 5, 2017
ROY COOPER
6ove171o1
MICHAEL S REGAN
Secretary
S JAY ZIMMERMAN
Director
CERTIFIED MAIL ITEM 7015 0640 0007 9833 5776 - RETURN RECEIPT REQUESTED
Mr. Brad Boris
Water Resources Director
P.O. Box 3448
Morganton, NC 28680-3448
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Catawba River WPCF
Permit NCO026573
Case LV -2017-0221
Burke County
Dear Mr. Boris:
I have considered your request for remission in the subject case. I noted that the subject facility
showed no further effluent violations in May and June 2017. I further noted that there had been
only two other civil penalties assessed against your facility since 2010. For those reasons, and in
accordance with NCGS 143-215.6A (f), I have found cause to remit the original civil penalty
assessment by 50%. The Division will require you to pay half of the penalty and the enforcement
costs, for a total due of $2,616.62.
If you choose to pay, send payment to the letterhead address within thirty (30) days of receipt of
this letter. Please make the check 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 request for remission of the civil penalty (with supporting documents) and
my recommendation to deny 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
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
http_//portal.ncdenr.org(web/wq

NCO026573 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.
Thank you for your cooperation in this matter. If you have any questions about this letter, please
contact Mr. Weaver at [phone] or [e-mail].
Sincerely,
l
qZiM'merman, P.G.
Director, Division of Water Resources
cc: Asheville Regional Office / Landon Davidson
Central Files

NCO026573 Remission Decision
Page 3 of 3
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Burke DWQ Case Number LV -2017-0221
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
City of Morganton )
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
day of
MAILING ADDRESS
eMail TELEPHONE
20
TITLE (President, Owner, etc.)

DWR. - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number: LV -2017-0221 Region: Asheville County: Burke
Assessed
Entity: City of Morganton Permit: NCO026573
ASSESSMENT FACTORS
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly
applied to the detriment of the petitioner:
Notes:
❑ (b) Whether the violator promptly abated continuing environmental damage
resulting from the violation:
Notes:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Notes:
❑ (d) Whether the violator had been assessed civil penalties for any previous
violations:
Notes:
(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Notes:
JUBU1610N (Check One) Rev. 712015
Request Denied ❑
Full Remission ❑ Retain Enforcement Cost? Ye�]� No❑
Partial Remission,k 50 (Enter Amount)
q� 7
ay Zimmerman Date
F_�