HomeMy WebLinkAboutNC0025381_LV20190205_Remission (Request)_20190924DocuSign Envelope ID: 8BE09CC6-CAF1-40F2-B1CD-761137708A11 nDn���� • D
l' SEP 2 7 2019
JUSTIFICATION FOR REMISSION REQUEST
Water Quality Regional Operations
Case Number: LV-2019-0205 County: Rutherford Asheville Regional Office
Assessed Party: Town of Lake Lure
Permit No.: NCO025381
Amount Assessed: $1,119.59
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. 14313-282.1(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:
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DocuSign Envelope ID: 8BE09CC6-CAF1-40F2-B1 CD-761137708A11
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Lake Lure )
Lake Lure WWTP )
PERMIT NO. NCO025381 ) CASE NO. LV-2019-0205
Having been assessed civil penalties totaling $1,119.59 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 05, 2019, the undersigned, desiring to seek remission of the civil penalty,
does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the day of /r/2 120 "
TURE
ADDRESS
%o�✓N of ZA166 We c
TELEPHONE
DocuSign Envelope ID: 6FE81 F88-167C-4D58-9893-4D6BB7FD92CB
JUSTIFICATION FOR REMISSION REQUEST
Case Number:
LV-2019-0206
Assessed Party:
Town of Lake Lure
Permit No.:
NCO025381
County: Rutherford
Amount Assessed: 1$ ,119.59
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 (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); z �pVV
(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:
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Water Quality Regional Operations
Asheville Regional Office
DocuSign Envelope ID: 6FE81 F88-167C-4D58-9893-4D6BB7FD92CB
STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Lake Lure
Lake Lure WWTP
PERMIT NO. NCO025381
DEPARTMENT OF EN A1QUALI
P
Water Quality Regional Operations
WAIVER OF RIGHT TO A{theville Regional Office
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2019-0206
Having been assessed civil penalties totaling $1,119.59 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 05, 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 (30) days
from the receipt of the notice of assessment.
This the 040 day of
ADDRE
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TELEPHONE
DocuSign Envelope ID: 65ECBCE7-7C3F-440E-aB51-049665A9D6D3
JUSTIFICATION FOR REMISSION REQUEST
Case Number:
Assessed Party:
Permit No.:
LV-2019-0207
Town of Lake Lure
NCO025381
County: Rutherford
Amount Assessed: $1,119.59
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).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(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); 541,j5i- f 3g _0 w
(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:
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ISEP 2 7 2019
Water Quality Regional Operations
Asheville Regional Office
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DocuSign Envelope ID: 65EC8CE7-7C3F-440E-8B51-049665A906D3
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF RUTHERFORD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Lake Lure )
Lake Lure WWTP 1
PERMIT NO. NCO025381 ) CASE NO. LV-2019-0207
Having been assessed civil penalties totaling $1,119.59 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 10, 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 (30) days
from the receipt of the notice of assessment.
� 1 This the of ' "t day of
ADDRESS
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TEL PI- ONE
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,SEP 2 7 2019 u
Water Quality Regional Operations
Asheville Regional Office