NC0064246_PC-2017-0037 Remission Request_20180124

January 8, 2018
REEC EIVED/®ENRio wR
JAN 24 2018
Water Resources
Permitting Section
Subject: Assessment of Civil Penalty for Violations of the
Reporting Requirements
CASE NO. PC -2017-0038
I am writing this letter in regards to the penalty placed on me for
the above violation. While I do understand the penalties I have
been given, I feel as if the fine is excessive. The sludge that
entered the stream was from an act of vandalism out of my
control. As soon as I realized that the plant had been vandalized,
I began taken measures to stop dark sludge from entering the
stream. Plant was immediately back in operation. In over 15
years, this is the first time a situation of this type has occurred
under my operation. With revenues generated and operating
costs to operate this plant, this is more than a hardship on me
financially. I have no means or am I financially fit to sustain
such a fine of this magnitude. At this time, I am asking that you
review this case once more and reduce the fines issued. I realize
I am due the fine for failure of reporting in a timely manner per
rules of the permit I hold, but I did take all measures to have
plant fully operational within a quick timeframe after my
acknowledgement of vandalism.
Thank you for your time in this matter.
?)QZ-1
oelace

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC -2017-0038
Assessed Entity:
Permit No.:
Pace Mobile Home Park
NCO064246
County: Johnston
Amount Assessed: $14,103.26
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. § 14313-282 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).
0l -,—(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);
0"---(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),
E�) 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),
E] (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 ENVIRONMENTAL
QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
JOEL MERLE PACE ) STIPULATION OF FACTS
)
PERMIT NO. NCO064246 ) FILE NO. PC -2017-0038
Having been assessed civil penalties totaling $14,103.26 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated December 14, 2017, 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.
r .�
This the day of , o et q , 201,'.
SIGNATURE
ADDRESS
1339,0
TELEPH
ONE
16-