UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

JUN 20 2013
OFFICE OF
CIVIL RIGHTS

Return Receipt Requested
Certified Mail# : 7009-2820-0002-1759-0790

In Reply Refer to:
EPA File No.: 13R-07-R4

Craig Benedict
Director
Orange County Planning and Inspections Department
131 W. Margaret Lane
P.O. Box 818 1
Hillsborough, NC 27278-2547

Re: Acceptance of Administrative Complaint
Dear Director Benedict:
This Jetter is to notify you that the U.S. Environmental Protection Agency (EPA)
Office of Civil Rights (OCR) is accepting the administrative complaint filed against the
Orange County Planning and Inspections Department (OCPID) received by EPA on April
18, 2011. The complaint generally alleges that OCPID has 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 found at 40 C.F.R Part 7.
Pursuant to EPA's nondiscrimination administrative regulations, OCR conducts a
preliminary review of administrative complaints for acceptance, rejection, or referral to
another federal agency. 40 C.F.R. §7.120(d)(l). To be accepted for investigation, a
complaint must meet the jurisdictional requirements described in EPA's
nondiscrimination regulations. First, it must be in writing. 40 C.F.R. §7.120(b)(l).
Second, it must allege discriminatory acts that would violate EPA's nondiscrimination
regulations, such as an intentional ly discriminatory act or a policy with discriminatory
effects based on race, color, national origin, sex, age or disability. !d. Third, it must be
received within 180 calendar days of the alleged discriminatory act. 40 C.F.R.
§7.120(b)(2). Finally, it must be fi led against an applicant for, or a recipient of, EPA
financial assistance that committed the alleged discriminatory act. 40 C.F .R. § 7.15.
Acceptance of a complaint indicates that the allegation meets these criteria and does not
reflect on the merits or validity of the allegation.
Since its receipt of the claims, EPA has communicated with the complainant to
obtain additional information, to focus the scope of its evaluation, and to assess the
suitability of the case for alternative dispute resolution. In light of this information and

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 the jurisdictional requirements described above, OCR accepts the following allegation for
investigation:

(1)

OCPID intentionally discriminated on the basis of race by denying
water and sewer service to the African American residents of the
Rogers Road community.

This allegation meets EPA's jurisdictional requirements. OCPID is a recipient of
EPA financial assistance through EPA grant # XP- 954564 11 -0, which is a $ 1,348,400
grant to provide sanitary sewer service to the Efland and Buckhorn communities awarded
December 16, 20 10. Complainants allege discriminatory acts. Specifically, the
complainants allege that OCPID is complicit in Orange Water and Sewer Authority's
(OW ASA) discriminatory denial of service and that Orange County's failure to apply for
grants to fund sewer extensions to Rogers Road similar to those grants received by
Buckhorn and Efl and is evidence of intentional discrimination. Complainants made this
allegation within 180 days of the award date of the grant.
If you have questions regarding this letter, please contact Jerett Yan of the OCR
External Compliance Program at (202) 564-31 13, via electronic mail at yan.jerett@epa.
gov, or by mail at U.S . EPA, Office of Civil Rights, (Mail Code 1201A), 1200
Pennsylvania A venue, NW, Washington, DC, 20460-1000.

Vicki Simons
Acti ng Director
cc:

Stephen Pressman, Associate General Counsel
Civil Rights & Finance Law Office (MC 2399A)
Naima Halim-Chestnut
EPA Region IV (MC 9T25)
USEP A REGION 4
61 Forsyth Street, S.W.
Mail Code: 9T25
Atlanta, GA 30303-8960
John Roberts, County Attorney
Orange County, North Carolina
200 South Cameron St., PO Box 8181
Hillsborough NC 27278-25-5

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