290090_DV-2021-0123_Remission Request_20211020

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2021-0123
Assessed Party: Charles William Swaim
Permit No.: AWD290090
County: Davidson
Amount assessed: $ 24,042.62
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in determining
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
contained in the civil penalty assessment document. By law [NCGS 133-215.6A(f)1 remission of
a civil penalty may be granted when one or more of the following five factors applies. 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 NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or listed in the civil penalty
assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
future occurrences),-
_X_ (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);
_X_ (d) the violator had not been assessed civil penalties for any previous violations;
_X_ (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: (C) I wasn't aware of any violation until contacted by authorities.
However, I believe it was accidental and not intentional.
(D) I am not aware of any previous environmental penalties.
(E) Due to the pandemic, these penalties will create a financial hardship, and great

difficulty in remedial efforts.
Mr. Terry Khan has been diligent to make adjustments to rectify the situation, and in his
efforts to correct the situation, has been hampered by circumstan 'i related to the
pandemic. He is awaiting test results and other information to proceed. Mr. Khan is
exploring any and all viable options to satisfy requirements by the state.
Your understanding in this matter is greatly appreciated.
Thank You,
Charles William Swaim.

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT
OF ENVIRONMENTAL QUALITY
COUNTY OF Davidson
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Charles William Swaim
PERMIT NO. AWD290090
)
)
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO, DV-2021-0123
Having been assessed civil penalties totaling $24,042.62 for violations' as set forth in the
Findings and Decision and Assessment of Civil Penalties document dated September 22, 2021, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged.
The undersigned further understands that all evidence presented in support of remission of this
civil penalty shall be submitted to the Director of the Division of Water Resources within 30
days of receipt of the civil penalty assessment. No new evidence in support of a remission
request shall be allowed after 30 days from the receipt of the civil penalty assessment.
This the
day of71 b e r- , 2021.
6'64 I 11 SIGNATt1RE
ADDRESS: 3 70 pr;,,
/ of 04/C (2 72 -
TELEPHONE NO.:
f2(n-�57- 37/7

.� T-Mobile
6:40 PM � 13%11
•
0+
JUSTIFICATION FOR REMISSION REQUEST
To whom it may concern,
...
I, Terry Khan, owner of High Point Halal Meats, was
unaware of the wastewater violation until contacted by
authorities. We are making efforts with our private
scientists and engineers who are in contact with
Davidson County to quickly resolve this situation. Due
to the COVID-19 pandemic however, this process has
been slow due to slow communication responses
however we are diligently working to resolve this issue.
Thank you,
Terry Khan
High Point Halal Meats