WQCS00214_DV-2022-0069 Remission (Request)_20220815

Tom Hartman, Mayor
Brantley Price, Town Manager
Bradley Jordan, Chief of Police
John B. "Jak" Reeves, Town Attorney
Town of West gefferson
fEsta6lished 1915
'tProsperity, Growth, Acfiievement"
August 11, 2022
NC Department of Environmental Quality
Division of Water Resources — Winston-Salem Office
450 W Hanes Mill Rd, Suite 300
Winston-Salem, NC 27105-7407
Re: NOV — Case #DV-2022-0069
Mr. Snider,
Russell W. Barr, III, Alderman
Calvin Green, Alderman
Crystal C. Miller, Alderwoman
John K. Reeves, Alderman
ben Shoemaker, Alderman
uepartment of
Environmental Qualiti
• . Received
AUG 15 2022
Winston-Salerr.
Regional Off
This letter is in response to the Town of West Jefferson's Notice of Violation and Assessment of Civil
Penalty per case number DV-2022-0069. Per the letter please find enclosed a copy of the Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts and
the Justification of Remission Request.
If you need any additional information, please let me know.
Sincerely
Brantley Price
Town Manager
Post Office Box 490
Phone: 336-246-
Fax: [phone]
of S. Jefferson Ave. West Jefferson, NC 28694
3551
This institution is an equal' opportunity provuferand employer.
www.townofwjnc.com

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0069
Assessed Party: Town of West Jefferson
Permit No.: WQCS00214
County: Ashe
Amount Assessed: $632.71
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. § I43B-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. I43B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental datnage resulting from the violation (Le., 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 (Le., 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:
The SSO was caused by a hole in a 6" ductile force main. There was no disturbance
around the pipe to purposefully cause damage to the pipe. The area of the pipe to either
side of the hole showed no sign of weakness or degradation. The SSO was spotted
quickly. The pump station was turned off and valves were closed to limit the amount
of overflow. The line was fixed immediately and put back into service without further
complications.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ASHE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of West Jefferson
West Jefferson Collection System
PERMIT NO. WQCS00214
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2022-0069
Having been assessed civil penalties totaling $632.71 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 15, 2022, 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 rj j� day of
41.1„th4- ,20Z2—
SIGNATURE
ADDRESS
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TELEPHONE
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