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HomeMy WebLinkAboutNC0022098_Remission Request (MV-2023-0002)_20230130 JUSTIFICATION FOR REMISSION REOUEST R E C E I V E D Case Number: MV-2023-0002 County: Guilford JAN 3 0 2023 Assessed Party: Cranbrook Village MHP Greensboro NC LLC Permit No.: NC0022098 Amount Assessed: $396.41LDEQ/DWRINPDES 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(ihe 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 preventfi,ture 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 youfi'om pe,forming the activities necessalJ'to achieve compliance). FXPI.ANATION: This request for remission is based on the following facts. The violation referenced in this assessment occurred prior to the date of acquisition. The late or missing Discharge Monitoring Report(DMR) for Cranbrook Village for the month of June 2022 was for a period prior to Cranbrook Village MHP Greensboro NC, LLC ownership. All DMR reports for dates prior to June 30, 2022, are the obligation of T3T Cranbrook LLC, a North Carolina limited liability company. Included with this Remission Request is a copy of the North Carolina Warranty Deed showing the date of property transfer as June 30th, 2022. This date was on the last day of the reporting period mentioned in the included have knowledge of water readingsprior to this date. Additionally, we have nc uded a violation. We would not a e g g copy of the issuance of Permit renewal NPDEX NC0022098 issued to T3T Cranbrook, LLC dba Cranbrook Village MHP at the time of the violation. This permit was not transferred to Cranbrook Village MHP Greensboro NC, LLC until after the property acquisition. Therefore, this civil penalty should be dismissed as applicable in factor(a) above. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GUILFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Cranbrook Village MHP Greensboro NC LLC ) Cranbrook Village MHP ) ) PERMIT NO.NC0022098 ) CASE NO. MV-2023-0002 Having been assessed civil penalties totaling$396.41 for violation(s)as set forth in the assessment document of the Division of Water Resources dated January 11,2023,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 _______FitGEIVpEl'J0 ,204733 jo302023nc W SIGNATURE N C®EQI[ IMPIJ .RESS • -7s 20 l • TELEPHONE e0i. ATTACHMENT A Cranbrook Village MHP Greensboro NC LLC CASE NUMBER: MV-2023-0002 PERMIT: NC0022098 REGION: Winston-Salem FACILITY: Cranbrook Village MHP COUNTY: Guilford MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 6/1/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/2/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/3/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/6/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/7/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/8/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/9/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/10/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/13/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/14/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation 6/15/2022 6-2022 Temperature,Water Daily-- deg c Frequency $25.00 Deg. Centigrade weekdays Violation REPORTING VIOLATION(S) SAMPLE LOCATION: Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 7/31/2022 6-2022 Late/Missing $0.00 DMR