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HomeMy WebLinkAboutNC0020800_Remission Decision_20180824NORTH CAROLINA Environmental Quality August 24, 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director CERTIFIED MAIL ITEM 7015 0640 0007 9833 5851- RETURN RECEIPT REQUESTED Mr. Timothy Wood Town of Andrews P.O. Box 1210 Andrews, NC 28901-1210 SUBJECT: CIVIL PENALTY REMISSION REQUESTS Andrews WWTP NPDES Permit NCO020800 Case LM-2018-0013 Case LV-2018-0098 Case LM-2018-0022 Cherokee County Dear Mr. Wood: I have considered the information submitted by your municipality in support of a request for remission in the subject cases. The progress your municipality has made in upgrading the WWTP and your compliance with the terms of the existing Settlement Agreement are valid achievements in support of your requests. Therefore, in accordance with NCGS 143-215.6A (f), I have found cause to remit the original civil penalty assessments by 50%. The Town of Andrews is responsible for the remaining penalties and enforcement costs, which total $2,031.04. If you choose to pay the remaining amount, send payment to the letterhead address within thirty (30) days of receipt of this letter. Please make the check payable to NC DEQ, and include the case numbers on the check. If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS § 143-215.6A (f), your requests for remission of the civil penalties (with supporting documents) and my recommendation to deny the requests 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 requests for remission meet one or more of the five statutory factors you were asked to address, you must complete and II - North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 919-707-3616 NCO020800 Remission Decision Page 2 of 5 return the attached forms within thirty (30) days of receipt of this letter. Please mail the completed forms to: Mr. Charles H. Weaver NC DEQ / DWR / NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 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 (919) 707-3616 or charles.weaverCancdenr.gov. Sincerely, da Culpepper, Interim Director Division of Water Resources cc: Central Files NCO020800 Remission Decision Page 3 of 5 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cherokee DWQ Case Number LM-2018-0013 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Town of Andrews ) 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.nebar.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 BaFs 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 120 SIGNATURE MAILING ADDRESS eMail TELEPHONE TITLE (President, Owner, etc.) NCO020800 Remission Decision Page 4 of 5 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cherokee DWQ Case Number LV-2018-0098 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Town of Andrews ) 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.nebar.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.) NCO020800 Remission Decision Page 5 of 5 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF Cherokee DWQ Case Number LM-2018-0022 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Town of Andrews ) 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.nebar.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 MAILING ADDRESS Wail day of 20 TELEPHONE TITLE (President, Owner, etc.) DWR - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: Assessed Entity: LM-2018-0013 Region: Asheville County: Town of Andrews Cherokee Permit: NCO020800 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: Ix (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: DECISION (Check One) Rev.7/2015 Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes Non Partial Remission $ t 0 t 0 0 (Enter A mount) �e" /X11 2- da ulpepper Ifate DWR - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: Assessed Entity: LM-2018-0022 Region: Asheville Town of Andrews County: Cherokee Permit: NCO020800 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: D1' UISION (Check One) Rev. 7/2015 Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes: No❑ Partial Remission (Enter Amount) G da Culpepper ate DWR - CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Case Number: Assessed Entity: LV 2018-0098 Region: Asheville Town of Andrews ASSESSMENT FACTORS County: Cherokee Permit: NCO020800 ❑ (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: DECISION (Check One) Rev.7/2015 Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? YeV No❑ Partial Remission$ SLR() c ()(� (Enter Amount) Linda Culpepper Date v