NC0085928_MV-2017-0019 Remit Request_20180201

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Water Resources
Environmental Quality
February 1, 2018
CERTIFIED MAIL 7003 2260 0005 5380 5107
RETURN RECEIPT REQUESTED
Mr. John Guglielmetti
American Truetzschler, Inc.
PO Box 669228
Charlotte, NC 28266
Dear Mr. Guglielmetti:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Request to Remit Civil Penalties
Decision in Case Number: W-2017-0019
Truetzschler remediation site
NPDES Permit NCO085928
Mecklenburg County
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Resources (the Director) has reviewed your information submitted in support of
your request to remit civil penalties in the subject case ($283.00 + $103.29 investigative costs)
totaling $386.29.
The Director has granted full remission in this case, except for investigative costs (see attached
decision form). Therefore, your outstanding balance totals $103.29. Two options are available to you
at this stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of:
Wren Thredford
Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Mr. Guglielmetti
February 1, 2018
Page 2 of 2
2) You may request the Environmental Management Commission's (EMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final
decision on your remission request considering your additional oral input, as
warranted.
If payment is not received within 30 calendar days from you receiving this letter, your current request
for remission, with its supporting documents and the Director's attached recommendation, will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
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 receiving this
letter. Send completed form(s) to:
Wren Thredford
Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
If you make such a request, the EMC Chairman will review the supporting documents and your
request for an oral presentation. If, in his/her judgment, the Chairman determines that there is
compelling reason to require a presentation, you will be notified as to when and where you should
appear. If your presentation is not required, the final decision 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 EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWR Director's 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 Derek
Denard at derek.denardAncdenr.gov or call 919-807-6307.
Sincerely,
Derek Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, NCDEQ
Attachments: Director's Decision; Request for Oral Presentation form
cc Enforcement File
NPDES Program Files
Central Files
DWR MRO, Attn Corey Basinger

DWR SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
Case Number:
Assessed Entity:
MV -2017-0019 Region: Mooresville
American Truetzschler, Inc.
Assessment Factors
County: Mecklenburg
Permit No.: NCO085928
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
NOT ASSERTED — Not Applicable.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
I
NOT ASSERTED — Not Applicable.
® (c) Whether the violation was inadvertent or a result of an accident:
The permittee asserts that the sampling did not occur for the month because of freezing temperatures that froze
and burst waterlines in their remediation system.
DWR Notes- The permittee did not respond to the NOV. The pernuttee fixed the piping by the end of the month.
The permittee has not missed sampling since this occurred.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations: j
NOT ASSERTED - Not Applicable.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
NOT ASSERTED — Not Applicable.
DECISION (Check One)
Request Denied ❑
Full Remission M
Partial Remission ❑
Retain Enforcement Cost? Y
$ /o-4•tel n"b
No ❑
Hennessy
V/1

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
AMERICAN TRUETZSCHLER, INC.
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number MV -2017-0019
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 lmmmted 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/etlucs, 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 mumcmpahty 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 practmcmg law
without a license if he or she is not a licensed attorney Presentation of facts by non -lawyers is pernussmble
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 potential violation of the statute concerning the authorized practice of law has occurred
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc)
ADDRESS
TELEPHONE

5
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w
Water Resources
Environmental Quality
November 30, 2017
Mr. John Guglielmetti
American Truetzschler, Inc.
PO Box 669228
Charlotte, NC 28266
Subject: Remission Request of Civil Penalty Assessment
Truetzschler remediation site
NPDES Permit NC009M $ Z g
Case Number MV -2017-001.0.0
Mecklenburg County _ p o I e(
Dear Mr. Gugliehnetti:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. Your request will be scheduled for review by the Director and you will be
notified of the result.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek C. Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources
cc: Enforcement File w/originals
NPDES Program Files
Central Files w/attachments
Mooresville Regional Office w/attachments
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

TRUTZSCHLE&
P O BOX 669228 • CHARLOTTE, N C 28266
North Carolina
Environmental Quality
Water Resources
1617 Mail Service Center
Raleigh NC 27699-1617
To Whom It May Concern:
RECEIVEDIN ENWR
NOV 21 2017
Water QUah!Y
Permitting Section
November 16, 2017
We hereby request remission of the $386.29 assessed us for
failure to file the January 2017 Discharge Monitoring Report.
During that month due to unusually low temperatures most of the
water lines in our remediation system froze and burst rendering
it impossible to take samples. As you know the system was
repaired and reports submitted in the following months.
Yours truly,
Joen Gugli lmetti
H.R. Manager
12300 MOORE'S CHAPEL ROAD TELEPHONE [phone] • FAX [phone]

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
American Truetzschler Inc )
Truetzschler remediation site )
PERMIT NO. NCO085928 ) CASE NO. MV -2017-0019
Having been assessed civil penalties totaling 3 86.29 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 25, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the 16-t L, day of N w c"10 el , 20 l I
.*VI't4u"
IGNATURE
P.y. 6Vc WzZL
�A u I- tot, -e k) 6 -,7e-2- & G
TELEPHONE
-20V 3q/• 530,6

JUSTIFICATION FOR RENIISSION REQUEST
Case Number: MV -2017-0019 County: Mecklenburg
Assessed Party: American Truetzschler Inc
Permit No.: NC0085928 Amount Assessed: $386.29
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B -282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one o- more of the civil penalty assessment factors in N.C.G.S. 143B -282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing enviroiiinental damage resulting from the violation (i e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of'an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for),
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent.youfrom performing the activities necessary to achieve
compliance)
EXPLANATION: