The URL can be used to link to this page

Home My WebLink AboutWQ0040183_Remission (Acknowledgement)_20190806 ROY COOPER•, VA 0 Good nor w - ,,,, MICHAEL S. REGAN �` ,if �)` LINDA CULPEPPER t •_ �'. r ?. Du eclat + ar prr NORTH CAROLINA Environmental Quality August 6, 2019 CERTIFIED MAIL#7018 1830 0001 8037 0144 RETURN RECEIPT REQUESTED Scott Kelly Nations,Manager Harris Teeter Properties LLC 701 Crestdale Rd. Mathews,NC 28105 SUBJECT: CIVIL PENALTY REMISSION REQUEST Porters Neck Fuel Center 191 Private Pump Station Permit WQ0040183 Case PC-2019-0032 New Hanover County Dear Mr.Nations: The Division has considered the information submitted in support of your request for remission in the subject cases. In accordance with NCGS 143-215.6A(f),the Division has found no cause to remit the original civil penalty assessment of$1,137.75. If you choose to pay the penalty, 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: Ms. Celeste Sugg NC DEQ/DWR/NPDES 1617 Mail Service Center Raleigh,NC 27699-1617 -DEQ North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-9000 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 Celeste Sugg at(919) 707-3628 or Celeste. Sugg@ncdenr.gov. Sincerely, Celeste Sugg Division of Water Resources cc: Enforcement File Wilmington Regional Office Central Files DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: PC-2019-0032 Region: Wilmington County: New Hanover Assessed Entity: Harris Teeter Properties,LLC Permit: WQ0040183 E (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:An inspection of the proposed lift station was conducted on March 22,2019. Missing certification documents were emailed to Dean Hunkele on March 22,2019, and additional requested documentation emailed to Dean Hunkele March 25, 2019.This demonstrates immediate corrective action taken DWR Response:We are not sure when the store officially opened,thus not sure how long it was operating before we caught them on 3-22-19. The initial certification was rejected twice due to being incomplete first time and non-compliance with 2T and MDC issues the second;had to obtain 2 after- the-fact variances plus make some minor installation changes. Finally, certified July 10, 2019 after regional office inquiry a month after the variance was granted and rejecting their third certification attempt. ❑ (c) Whether the violation was inadvertent or a result of an accident: Permittee States: DWR Response: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: Permittee States: DWR Response: ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: Permittee States:Harris Teeter Properties LLC at Porters Neck Fuel Center 191 has never been assessed civil penalty for any previous violations. DWR Response:No Comment DECISION(Check One) Request Denied JZI Full Remission ❑ Retain Enforcement Costs? Yes❑ No❑ Partial Remission❑ $ (Enter Amount) A (1-/:..,,,,,,, ,f/ ,) 4mda Culpepper / Date STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF New Hanover DWQ Case Number PC-2019-0032 IN THE MATTER OF ASSESSMENT OF ) CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION Harris Teeter Properties LLC ) 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 Opimon 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( )