NC0022934_Enforcement_20200913

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: PC-2020-0006
Assessed Entity:
UCS, Inc.
Permit No.: NC0022934
County: Gaston
Amount Assessed: $ 24,733.96
Please use this form when requesting remission of this civil penalty. Youmust also complete the RequestForRemission,
Waiver ofRight to an Administrative Hearing and Stipulation ofFacts " form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Directorto 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 containedin the civil penalty assessment document. Pursuantto N.C.G.S. § 143B-282. l(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 or more of the civil penalty assessment factors in N.C.G.S. 143B-282. l(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 environmental damage resulting from the violation (i.e., explain
the steps thatyou took to correct the violation andpreventfuture 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 you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNHNSTRATIVE HEARING AND
UCS, INC. ) STIPULATION OF FACTS
PERMIT NO. NCO022934 ) CASE NO. PC-2020-0006
Having been assessed civil penalties totaling $ 24,733.96 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated September 13, 2020, 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 day of 12020.
SIGNATURE
ADDRESS
TELEPHONE