UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

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Return Receipt Requested
Certified Mail# 7004-2510-0004-2241-5117

Mr. Peter H. Gilbert
Community Inclusion Attorney-Fellow
UNC Center for Civil Rights
101 E. Weaver Street
CB# 3382
Chapel Hill, NC 27599-3382
Re: Rejection of Allegations against Carrboro and Chapel Hill
Dear Mr. Gilbert:
This letter is in response to your request to amend Complaint No. 13R-07-R4. On
July 3, 2007, Reverend Robert L. Campbell filed a Complaint with the U.S. Department
of Justice (DOJ) related to water and sewer services in the Rogers Road/Eubanks Road
Community. DOJ referred the Complaint to the U.S Environmental Protection Agency
(EPA) Office of Civil Rights (OCR) and other relevant federal agencies. The complaint
was received by EPA's OCR on October 4, 2007.

On Aprill8, 2011, OCR received your rer .~st to amend Reverend Campbell's
complaint filed against Orange County, North Carolina, the Town of Carrboro and Town
of Chapel Hill ("entities"). With respect to th~ Towns of Carrboro and Chapel Hill
("entities"), you allege that they have violated Title VI of the Civil Rights Act of 1964, as
amended (Title VI), 42 U.S.C. §§ 2000d et seq., and EPA's nondiscrimination regulations
implementing Title VI, found at 40 C.F.R. Part 7, by continuing to deny water and sewer
services to the Roger Road!Eubanks Road Community. You also asserted that the
entities excluded your clients as beneficiaries of the EPA grants under§ 319 of the Clean
Water Act (CWA). Section 319 addresses the need for greater federal leadership to help
focus state and local nonpoint source efforts. Under Section 319, states, territories and
tribes receive grant money that supports a wide variety of activities including technical
assistance, financial assistance, education, training, technology transfer, demonstration
projects and monitoring to assess the success of specific nonpoint source implementation
projects.
Pursuant to EPA's nondiscrimination regulations, OCR conducts a preliminary
review of discrimination complaints to determine acceptance, rejection, or referral. 40
C.F.R. § 7.120(d)(I). To be accepted for investigation, a complaint must meet the

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jurisdictional requirements described in EPA's nondiscrimination regulations. First, it
must be in writing. Second, it must describe an alleged discriminatory act that, if true,
may violate EPA's nondiscrimination regulations (i.e., an alleged discriminatory act
based on race, color, national origin, sex, age, or disability). Third, it must. be filed
within 180 calendar days of the alleged discriminatory act. Finally, the complaint must
be filed against an applicant for, or a recipient of, EPA financial assistance that allegedly
committed the discriminatory act. 40 C.F.R. § 7.15. (A copy of EPA's
nondiscrimination regulations is enclosed for your convenience).
This letter is to inform you that after careful consideration OCR cannot amend the
complaint to include the additional allegations regarding the Towns of Carrboro and
Chapel Hill for investigation because they do not meet all of the jurisdictional
requirements described in EPA's nondiscrimination regulations. Although, the Towns of
Carrboro and Chapel Hill receive EPA financial assistance, the amended complaint did
not describe any new discriminatory acts that occurred within 180 days of filing. OCR is
still reviewing the information you submitted in your amended complaint related to
Orange County.
If you have any questions about this dismissal, please contact Anthony Napoli of
the OCR External Civil Rights Program via Federal Relay Service 866-377-8642, and
provide the relay operator his telephone number 202-564-0728. He may also be reached
via electronic mail at napoli.anthony@epa.gov, or by mail at: U.S. EPA, Office of Civil
Rights (Mail Code 1201A), 1200 Pennsylvania Ave., N.W., Washington, D.C., 20460!000.

Enclosure
cc:

Stephen G. Pressman, Associate General Counsel
Civil Rights and Finance Law Office (2399A)
Naima Halim-Chestnut, EEO Officer
Region4
Mark Chilton, Mayor
Town of Carrboro
Town Hall
301 W. Main St.
Carrboro, NC 27510-2029

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Mark Kleinschmidt, Mayor
Town of Chapel Hill
Chapel Hill Town Hall
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514-5705