NC0066028_Remission Request (LV-2022-0085)_20220408

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0085 County: Ashe
Assessed Party: Town of Lansing
Permit No.: NC0066028 Amount Assessed: $705.07
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
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 contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(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-282.1(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 that you took to correct the violation and prevent future 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:
See A �ed L�- her
RECEIVED
APR 0 8 2022
NCDEQIDWR/NPDES

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ASHE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Lansing )
Lansing WWTP )
)
PERMIT NO.NC0066028 ) CASE NO. LV-2022-0085
Having been assessed civil penalties totaling$705.07 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated,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 /` pr1 / ,20 2
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SIGNATURE
RECEIVED ADDRESS
APR 48 2022 Town of 1-ah51ng
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Town of Lansing
Town Hall 173 B Street^'PO Box 266 Lansing,NC 28643'"336.384.3938"'www.lansingnc.us
Board of Aldermen: Jim Blevins,Matt Cordell,Anita Greenwood,Tom Richardson,Teresa McCoy
Finance Officer: Elizabeth Johnson
Mack Powers,Mayor Sandra Roten,Town Clerk
April 5, 2022
Mr. Lon T. Snider
Regional Supervisor
NC Department of Environmental Quality
Division of Water Resources
450 Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
RE: NOTICE OF VIOLATION & ASSESSMENT OF CIVIL PENALTY
PERMIT NO. NC0066028
Dear Mr. Snider:
I am writing in response to your letter of March 18, 2022 concerning the Town of Lansing
WWTP, permit no. NC0066028, Case No. LV-2022-0085.
The Town of Lansing requests remission of the civil penalty and enforcement cost in the
amount of$750.00 based on the following:
1. The degree and extent of harm to the natural resources of the state and to public
health was negligible and there was no impact on any private property.
2. As soon as it was discovered that the discharge was not in compliance, the Town
took steps to determine the cause and return the plant to compliant operation. The
plant was reseeded with healthy sludge on 7/26/21, 8/11/21, 9/29/21, and
12/08/21. Sludge removal was done 8/4/21. The total cost was $1,350.00. The
plant has recovered from the insult event with the monthly average for December

of 28.9 mg/I and the readings for January and February 2022 were compliant. A
possible cause was determined and corrective action was taken to prevent future
insults to the plant.
3. The violations were inadvertent and were not something we could prepare for.
4. The Town of Lansing has not been assessed civil penalties for previous violations.
Thank you for your consideration.
Sincerely,
Mack Powers, Mayor
TOWN OF LANSING
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