NC0085936_Civil Remission Factors Consideration_20050222

DWQ--CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION
Case Number:LM-2004-0037 Region:RRO County:Johnston
Assessed Entity:Jerry Williams and Sons Inc.,NC0085936
(x) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Notes:The assessed violations included four violations to sample,each for(NO2/NO3,Tot-Phos,
Tot-Kjel,and Tot-N).The Company states that they did not discharge during the P`quarter of 2004.
They claim they did submit the data for these four parameters in the April DMR. In addition to the
remission request for the four monitoring violations($25 each),they request remission for the four
failure to report violations($25 each).
In April(2°a quarter)they did actually do the sampling/analysis for NO2/NO3,Tot-Kjel,and Tot-
N.They failed to do a Tot-Phosphorous sample for the second quarter.
( ) Whether the violator promptly abated continuing environmental damage resulting from the
violation;
Notes:
( ) Whether the violation was inadvertent or a result of an accident;
Notes:
( ) Whether the violator had been assessed civil penalties for any previous violations;
Notes:
( ) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Notes:
Decision(Check one)
Request Denied Full Remission Partial remission Amount remitted
2,12•710‘.- itette ?
t"4—
Date Alan Klimek,P.E.