NC0085936_Remission and/or mitigation of fines_20091231

&. sc Jens, Ync.
P. 0. Box 2430
524 Brogden Road
Smithfield,
North Carolina 27577
919-934-4115
919-934-4956 Fax
December 31, 2009 RECEIVED
JAN - 52010
S. Daniel Smith, DWQ Regional Supervisor
Point Source Compliance/Enforcement UniDENR - WATER QUALITY
Division of Water Quality PONT SOURCE BRANCH
1617 Mail Service Center
Raleigh,NC 27699-617
.2euedSubject: Remission and/or mitigation of fines
Dear Mr. Smith,
I hereby request remission and/or mitigation of the fines imposed
upon Jerry G Williams& Sons, Inc. for permit violations and civil
penalties assessed as per North Carolina General Statute(G.S.) 143-215.1
(a)(6) and our NPDES Permit NC0085936. Please see attachments.
1) Violation of Permit Daily Maximum limit for TSS on 09/15/09 and
09/22/09. For the entire year of 2009, we have only used our wet
deck in September. Our wood product industry has struggled to
survive in these difficult economic times. We have not built large
;oe- log inventories in order to save cash, therefore, not needing to wet deck logs. We had no reason to believe we would have been out of
compliance after our first 2 samples in September. We use an
outside lab to test our samples for TSS and by the time that we
discovered the high sample results, we had already taken the 9/22
S PI B sample. We left the lab results in an employee's mail box at work
and he failed to pickup his mail for several days and study the lab
reports. WE stopped our wet deck operation after receiving the 2"d
high sample from 9/22. This sample was taken during a rain event,
000„�N�,��, which would have caused more sediment to be suspended in the
4,000
out flow.
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I believe the main reason for the high samples is that we failed to
maintain and clean our filter grates on a regular weekly schedule
like we always did when we kept a large log inventory. End result,
we were out of compliance for our failure to pay attention to detail.
2) Violation of monthly average limit for TSS. This occurred
because of our high daily limits.
I know our company has always tried to do its best and always will to
maintain our wet deck yard to prevent any violation with our wet deck
permit. These penalties are very severe in my opinion.
Please consider my request for remission and/or mitigation of these fines.
You can contact me at 919-934-4115 if you have any questions.
Sincerely,
9.
fitcifi_
J. Mark Williams
President

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2009-0423 County: JOHNSTON
Assessed Party: Jerry G Williams &Sons Inc
Permit No.: NC0085936 Amount Assessed: $1,100.00
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 applies. 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF JOHNSTON
JERRY G WILLIAMS &SONS INC.
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
WET LOG DECK STORAGE SITE ) STIPULATION OF FACTS
PERMIT NO.NC0085936 ) FILE NO. LV-2009-0423
Having been assessed civil penalties totaling$1,100.00 for violation(s)as set forth in the
assessment document of the Division of Water Quality dated November 24, 2009,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 Quality 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 31 day of NGe.+^- tR._ ,20 09'
SIGNATURE
ADDRESS
P. d. 80 X Z430
TELEPHONE
4N- 4134-`�llc