440013_Remission (Decision) Factors_20220303

DocuSign Envelope ID: 22DECE7A-D98F-473E-BC4C-EF97FAEE091 F
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2021-0031
Region: Asheville County: Haywood
Assessed Entity: Steven M. Ross Permit: AWC440013
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: There was excessive amount of water put in one area but the concentration of
nutrients was very minimal. When the land dried up in the spring, before planting we took a dozer
and bladed off the area and spread it in a much larger area that would be more in accordance with
land application rates.
DWR Response: Permittee states that there was excessive amount of water, and that permit requires
notification if freeboard is exceeded. Remission document from permittee does not clearly indicate
basis for selecting this factor. Permittee took measures, such as installing a berm, to ensure runoff to
surface water did not occur, even though knowingly applying in a non -compliant manner.
n (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
n (c) Whether the violation was inadvertent or a result of an accident:
Z (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: Just trying to manage the situation with what I had to work with and the brief
window of time that I had to do it in to prevent a possible environmental disaster.
DWR Response: No prior history of civil penalty assessment.
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied El
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $3000.00
Partial Remission $625.00 (amount remitted)
Subtotal $2,375.00
Retaining Enforcement Costs $188.90
Total Revised Assessment $2,563.90
DocuSigned by:
MlIM18, sM�z a...
Jeff Poupart
3/3/2022
Date