010010_Assessment of Civil Penalties_20190123

l
ROY COOPER
Governor
MCHAEL S. REGAN
Seaetary
UNDA CULPEPPER
DhvcWr
NORTH EnvkvnnwROWdLQ y
January 23, 2019
CERTIFIED MAIL - #70151520 0000 7838 4887
RETURNRECEIPT REQUESTED
George H. Woody
Triple W Farms
3545 E. Greensboro Road
Snow Camp, NC 27349
Dear Mr. Woody:
N C Department of
Environmental Quality
Received
JAN 2 8 201g
i!
Winston-Salem
Regional Office
SUBJECT: Assessment of Civil Penalties for Violation(s) of
15A NCAC 2T .0105(e)(2)
Farm # 01-0010
Alamance County
Enforcement File No. PC-2018-0031
This letter transmits notice of a civil penalty assessed against George H. Woody in the amount of $4500.00,
and $972.11 in investigative costs, for a total of $5,472.11. Attached is a copy of the assessment document
explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of -Environment Quality. Any continuing violation(s) maybe the subject of a new enforcement
action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of-
Miressa Garoma
Animal Feeding Operations & Ground Water Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
D North Carolina Department of Environmental Quality I Division of Water Resources
Q 512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
��� /'� 919.707.9000

1�
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2. Submit unwritten request for remission including a detailed justification for such request:
Please be4¢aware that a request for remission is limited to consideration of the five factors listed below, as
they may,_relatertorthe reasoriab'leness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure f0f �eontesting whether the violation(s) occurred or the accuracy of any of the
factual statements -contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your
right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Resources at the address listed below. In determining
whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
Please note that all evidence presented in support of your request for remission must be submitted in
writing. The Director of the Division of Water Resources will review your evidence and inform you
of their decision in the matter of your remission request. The response will provide details regarding
the case status, directions, for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty Remissions (Committee).
Please be advised that the Committee cannot consider information that was not part of the original
remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30)
days of receipt of this notice. The Division of Water Resources also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be submitted to the following
address:
Miressa Garoma
Animal Feeding Operations & Ground Water Section
Division of Water Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.

f
j You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original,
one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
William F. Lane, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced
by an internal date/time received stamp (not a postmark), will result in this matter being referred to the
Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties may be assessed for violations that occur after the review period
of this assessment. If you have any questions, please contact Miressa D. Garoma at [phone].
Sinc rely, �.
Jon aard, Chief
Animal Feeding Operations & Ground Water Section
Division of Water Resources
ATTACHMENTS
cc: nm$�RS? u)l`"/,fatta`cluraents,
File # PC-2018-0031 w/ attachments V
AFOGWS Central Files w/ attachments
Alamance County Health Department

3
STATE OF NORTH CAROLINA
COUNTY OF ALAMANCE
IN THE MATTER OF
GEORGE HAROLD WOODY
FOR VIOLATIONS OF CATTLE )
WASTE MANAGEMENT SYSTEM )
GENERAL PERMIT AWG200000 )
AND NORTH CAROLINA )
GENERAL STATUE 143-215.1OC )
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT QUALITY
PC-2018-0031
FINDING AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources (DWR), I, Jon Risgaard, Chief of the Animal Feeding
Operations and Groundwater Protection Section (AFOGWP) of the DWR, make the following:
I. FINDINGS OF FACT:
A. George H. Woody operates Triple W Farms, a permitted cattle operation owned by
George S. Woody Irrevocable Trust. Triple W Farms is located along East Greensboro -
Chapel Hill Road in Alamance County.
B. Harold G. Woody was issued Certificate of Coverage (COC) AWCO10010 under Cattle
Waste Management System General Permit AWG200000 for Triple W Farms on March
11, 2016 effective upon issuance, with, an expiration date of September 30, 2019. Upon
completion of the phosphorus loss assessment (PLAT) requirement for Tract No. 30637
(Fields 1-6) a revised COC was issued to Triple W Farms on September 13, 2018 with an
expiration date of September 30, 2019.
C. Condition I.3. of the -General Permit AWG200000 states in part that "The facilities COC
and its CAWMP are hereby incorporated by. reference into this General Permit. The
CAWMP must be consistent with all applicable laws, rules, ordinances, and standards
(federal, state and local) in effect at the time of siting, design and certification of the
facility. Any Violation of the COC or the CAWMP shall be considered a violation of this
General Permit."
D. The Certified Animal Waste Management Plan (CAWMP) states that waste may not be
stockpiled within 100 feet of a well.
E. Per the CAWMP, slurry waste from the barn is to be managed by transfer from a catch
box under the push off ramp into the waste storage pond via pipe. The waste pond is not
designed to receive slurry waste by overland flow.
F. Per the CAWMP, parlor waste is to be conveyed from a small (25'x5'x6'), uncovered
concrete pit into the waste pond via underground pipe. Observations on June 22, 2018,
October 31, 2018 and November 8, 2018 document that the waste is still being_ pumped
overhead from the pit into a slurry tank rather than the waste storage pond.

0
G. On June 22, 2018 several hundred gallons of cattle slurry waste was observed flowing
downhill from the push off ramp of one of the cattle bams and had accumulated and was
stockpiled within 100 feet of a well. During a November 8, 2018 follow-up inspection,
slurry waste was still accumulating on the ground and continuing to flow downhill. On
November 8, 2018, cattle waste was only 66 feet from a well.
H. Condition 111.11. of the General Permit AWG200000 states that "A copy of this General
Permit, the facility's COC, certification forms, lessee and landowner agreements, the
CAWNIP and copies of all records required by this General Permit and the facility's
CAWMP shall be maintained by the Permittee in chronological and legible form for three
(3) years. Records include but are not limited to: soil and waste analyses, rain gauge
readings, freeboard levels, irrigation and land application event(s), past inspection reports
and operational reviews, animal stocking records, records of additional nutrient sources
applied (including but not limited to sludges, _unused feedstuff leachate, milk waste,
septage and commercial fertilizer), cropping information, waste application equipment
testing and calibration, and records of removal of solids to off -site location(s). These
records shall be maintained on forms provided or approved by the Division and shall be
readily available at the facility (stored at places such as the farm residence, office,
outbuildings, etc.) where animal waste management activities are being conducted."
I. The June 22, 2018 compliance inspection documents that freeboard records were not
being maintained, and the missing records were subsequently updated. A follow-up
inspection on October 31, 2018 documents that freeboard records have not been recorded
since the June 2018 compliance inspection.
Condition V.2. of General Permit AWG200000 states that "The maximum waste level in
lagoons/storage ponds shall not exceed that specified in the facility's CAWMP. At a
minimum, maximum waste level for lagoons/storage ponds must not exceed the level that
provides adequate storage to contain the 25-year, 24-hour storm event plus an additional
one (1) foot of structural freeboard except that there shall be no violation of this condition
if. (a) there is a storm event more severe than a 25-year, 24-hour event, (b) the Permittee
is in compliance with its CAWMP, and (c) there is at least one (1) foot of structural
freeboard."
K. On June 22, 2018 DWR Winston-Salem Regional Office (WSRO) staff conducted a
routine, announced, compliance inspection of the above referenced facility. DWR WSRO
documented that the animal waste level in the new waste storage structure was only two
inches below the spillway. As -built drawings for the structure indicate that the maximum
liquid level (start pump) is 4.75 feet below the spillway. The waste level was observed to
be noncompliant during the following inspections as well: July 12, 2018, October 31,
2018, and November 8, 2018.
L. Condition No. E11.13. of General Permit AWG100000 states that "The Permittee shall
report by telephone to the appropriate Division Regional Office as soon as possible, but
in no case more than twenty-four (24) hours following first knowledge of the occurrence
of any of the following events: (e) Failure to maintain storage capacity in a
lagoon/storage pond greater than or equal to that required in Condition V.2. Of this
General Permit. (f) Failure to maintain waste level in a lagoon/storage pond below that of
the designed structural freeboard (twelve (12) inches from top of dam or as specified in
lagoon/storage pond design). Note that this notification is in addition to the report
required by Condition III. I3.e above.

M. DWR staff did not receive notification of the June 22, 2018 non -compliant animal
waste level described above.
N. On July 10, 2018, WSRO issued a Notice of Violation/Notice of Intent to Enforce
(NOV/NOI) to George H. Woody for violations of the permit. The NOV/NOI was sent
Certified Mail and received by Lydia Woody on July 16, 2018. WSRO did not receive
Mr. Woody's official response until September 10, 2018. Due to several continuing
violations of the initial NOV/NOI, a follow-up NOV/NOI letter was sent Certified Mail
on November 13, 2018 with request for a ten (10) day response. The response has not yet
been received by WSRO. Various electronic correspondence was also received by WSRO
June 27, 2018 through October 3, 2018.
O. The cost to the State for the enforcement procedures in this matter totaled $972.11
Based upon the above Findings of Fact, I make the following:
II. CONCLUSIONS OF LAW:
A. George Harold Woody is a "person" within the meaning of N.C.G.S.§ 143-215.6A
pursuant to N.C.G.S.§143-212(4).
B. A permit for an animal waste management system is required by N.C.G.S.§ 143-215.1.
C. The above -cited failure to abide by the CAWMP and permit violated Condition I.3. of
General Permit AWG200000.
D. The above -cited failure to maintain freeboard records violated Condition II1.11. of
General Permit AWG200000.
E. The above -cited failure to operate and maintain the liquid level in the lagoon at the level
specified in CAWMP violated Condition No. V.2. of General Permit AWG200000.
F. The above -cited failure to provide notification to the regional office violated Condition
11I.13. of General Permit AWG200000.
G. George Harold Woody may be assessed civil penalties in this matter pursuant to G. S.
143-215.6A(a)(2), which provides that a civil penalty of not more that twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who is
required but fails to act in accordance with terms, conditions, or requirements of a permit
required by G. S. 143-215.1.
H. N.C.G.S.§143-215.6A(b) provides that if any failure to act as required by the rules is
continuous, a civil penalty of not more than $25,000.00 per violation may be assessed for
each day the violation continues.
I. The State's enforcement costs in this matter may be assessed against George Harold
Woody pursuant to G. S. 143-215.3(a)(9) and G. S. 143B-282.1(b)(8).
J. The Chief of the Animal Feeding Operations and Ground Water Protection Section,
Division of Water Resources, pursuant to delegation provided by the Secretary of the

Department of Environmental Quality and the Director of the Division of Water
Resources, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, George Harold Woody is hereby assessed a civil penalty of:
$ C C�yo �d For failing to abide by the CAWMP and permit in violation of Condition
I.3. of General Permit AWG200000. NOV/NOI was issued on July 10,
2018 and November 13, 2018 for the documented waste being pumped
overhead from the pit into a slurry tank rather than the waste storage
pond, and slurry waste accumulating on the ground and continuing to
flow downhill observed on June 22, 2018, October 31, 2018 and
November 8, 2018.
$ 1, 000 For violating Condition III.11. of General Permit AWG200000 by failing
to maintain freeboard records. Freeboard records have not been recorded
since the June 2018 compliance inspection for which NOV/NOI was
issued on July 10, 2018 and November 13, 2018.
$ l� SUOou For violating Condition No. V.2. of the General Permit AWG200000 for
failure to maintain adequate storage capacity in the lagoon/waste pond.
The waste level was observed to be noncompliant during July 12, 2018,
October 31, 2018, and November 8, 2018 inspections. NOV/NOI was
issued July 10, 2018 and November 13, 2018 for this noncompliance
events.
u�
$ For violating Condition No. 111.13. of General Permit AWG200000 for
failing to notify DWR of noncompliant animal waste levels in a waste
storage structure by telephone to the appropriate Regional Office as soon
as possible, but in no case more than 24 hours.
$ Ll SO U u U TOTAL CIVIL PENALTY which is percent of the maximum
penalty authorized by N.C.G.S.§143-215.6A.
$J972.11_ Enforcement costs
$ ? `I 7oZ I) TOTAL AMOUNT DUE
Pursuant to N.C.G.S.§143-215.6A(c), in determining the amount of the penalty I have taken into account
the Findings of Fact and Conclusions of Law and the factors set forth at N.C.G.S.§143B-282.I(b), which
are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;

li
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
(8) The cost to the State of the enforcement procedures.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing violations
occurring after the assessment period indicated above. Each day of a continuing violation may be
considered a separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties
and investigative cost may be assessed for any other rules and statutes for which penalties have
not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to George Harold
Woody in accordance with N.C.G.S.§ 143-215.6(A)(d).
(Date) Jo sgaardChief
al Feeding Operations and
round Water Protection Section
Division of Water Resources

DIVISION OF WATER RESOURCES
CIVIL PENALTY ASSESSMENT FACTORS
Violator: George H. Woody
County: Alamance
Case Number: PC-2018-0031
Permit Number: AWC010010
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
There was no evidence during the inspection or follow-up visits to suggest that there has been a discharge
or overflow into surface waters. While no well water samples have been taken, the stockpiling of waste
within 100 feet of a well for the last several years may have polluted the groundwater. The WSRO does .
not have evidence to document that there has been harm to public health or private property.
2) The duration and gravity of the violation;
Records and follow-up inspections indicate that the freeboard has been noncompliant for several months
and that required freeboard records have not been maintained since June 2018. Failure to maintain
compliant waste levels was noted in 2015 (prior to becoming permitted). And the failure to properly
transfer waste from the parlor pit and the push -off ramp to the waste pond was also noted in a 2015
inspection. jcc;1v,re_ +o nck`, !DwtZ cyP %,-Ake {teals (c,-J. IlC,IS) qua M,� asscsuJ 1
r_- JC+ZfC {JJ_ Ptrk,i NYC nCvl t' rC�r,{J to �p .t r I �,+ trkatJ aJ 6) ire
3) The effect on ground or surface water quantity or quality or on air quality; wS�RU
No impacts have been verified.
4) The cost of rectifying the damage;
At the time of the first documented noncompliant event (June 22, 2018), and using a commercial hauler
charge of one -cent per gallon, it would cost Mr. Woody around $17, 000 to remove enough waste to come
into compliance. Commercial haulers often charge two -cents a gallon, however, depending upon the
distance traveled.
The cost to properly convey waste from the small concrete parlor pit and from the push -off ramp,
downhill and into the waste pond, would be a few thousand dollars since the total length of piping would
be around 675 feet. This cost would need to be added to the labor charge for busting -up concrete so that
one of the pipes could go under the pack barn and for installation of a collection box under the push -off
ramp. There is also an unknown labor cost to remove a few thousand gallons and tons of stockpiled waste
from under the ramp and from around the well.
There would be no cost to maintaining the required records.
5) The amount of money saved by noncompliance;
There does not appear to be any actual money saved by failing to maintain adequate freeboard. Since a
commercial hauler/applicator is most often used, the cost is just delayed until the commercial applicator
is available. There is no money saved by not reporting high freeboard.
Mr. Woody has, however, saved an unknown amount of money by failing to hire extra staff to keep up
with the crop duties so that application fields are readily available for use at the
appropriate time. Several thousand dollars have also been saved by not installing the pipes described in
No. 4, above. Revising his waste plan to include the permanent use of the concrete parlor pit would not
cost anything.
If Mr. Woody completes his transition from a dairy to a beef operation, there would be no costs for
installing the concrete pit transfer pipe and the push off ramp pipe since they would not be required. If
the push off ramp barn continues to be used, however, then there would be costs involved in retrofitting
the ramp so that a solid spreader could fit beneath the ramp or a collection box and transfer pipe
installed.
rev 1.0 - 8.31.09

6) Whether the violation was committed willfully or intentionally;
The regional office believes the violations to have been made willfully. Mr. Woody has been given several
warnings, chances, opportunity, extensions, and technical assistance with regards to timely and efficient
management of the waste system. Although he has only been permitted since 2016, the WSRO spent
several hours with Mr. Woody in December 2017 and June 2018 to provide him with a detailed notebook
and forms with which to maintain records. The WSRO does not believe that Mr. Woody has been pro-
active in properly maintaining the waste level and that he was physically able to report the noncompliant
waste level.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Mr. Woody's history of noncompliance goes back to around 1997. Only the last eight years of violations,
enforcements and civil penalty assessments are described below.
Fall 2018 — Mr. Woody has established and is maintaining a buffer along the stream as requested. He
states his cost was approximately $1,200 for fencing and labor. The waste pond embankment has also
been mowed and is being maintained per the permit. Additionally, Mr. Woody has now completed the
PLAT assessment previously listed as a violation in the July 2018 NOV/NOI letter.
December 2017 - NOV for failure to: 1) maintain several different kinds of animal waste records; 2)
abide by the Certified Animal Waste Management Plan (not piping parlor waste to certified waste
structure and stockpiling waste within 100 feet of a well); 3) complete a PLAT assessment; and 4)
properly dispose of dead animals.
November 2015 - Settlement Agreement of reduced civil penalty of $3,143.16 for permit condition
violations and stream impacts (DV-2015-0012).
April 2012 - NOVINOI for the illegal discharge of animal waste from the concrete lot into waters of the
State and for operating an animal waste management system without a required permit (NOV-2012-DV-
0096). This Notice lead to a Complaint and Motion for Injunctive Relieffiled September 4, 2012 in
Alamance County Superior Court. The Consent Judgment (12 CVS 1864) was signed March 4, 2013 and
amended May 29, 2013 requiring Mr. Woody to construct a permanent waste structure and submit a
completed and acceptable Permit application by August 1, 2013.
June 2011— NOVINOI for operating above the 100-cow threshold without a permit. NOVINOI originated
out of Central Office. Mr. Woody was to submit completed permit application or reduce herd to less than
100 cattle.
February 2010 - Civil Penalty Assessment of $9, 092.06 for operating an animal waste management
system without a required permit and for allowing waste to impact at least 2,800 linear feet of stream
(OP-2009-0010).
8) The cost to the State of the enforcement procedures.
$972.11
1/-2311j
Date
J 'sgaard
rev 1.0 - 8.31.09

STATE OF NORTH CAROLINA
COUNTY OF ALAMANCE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
GEORGE H. WOODY
PERMIT NO. AWC010010
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2018-0031
Having been assessed civil penalties totaling $5,472.11 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated, January 23, 2019, 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 thirty (30) days from the receipt of the notice
of assessment.
This the day of , 2019
Signature
:i5"'Ti-
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
APS Case Number: PC-2018-0031 County: Alamance
Assessed Party: George H. Woody
Permit No.: AWC010010 Amount assessed: $5,472.11
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 o 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 determining 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted 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 civilpenalty assessment factors in NCGS 143B-282. I (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the attached penalty matrix and/or 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:
\Rem. req.