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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: -rOVA( 15 (Al &1CPGIAA16� Ki-rn 614UIaN9Ckt Du-r STKVS Gr iiP 40 To AL -Low rLovdL. 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: -f=N� (7v tK!✓ I -S IN qqg, po4 5P`� amizr"C& of -ro-ar-fz- I -t-0 p't'WW caw Gzy-7 GIs Up TO 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 Mezliw &O'll If 76_w0/M*4QL 9V14W of Ll Zue� i,Ak� Zug NO o?(y7*,6 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: —(W IN COAe 1.>kKC.k V-tq- S u� S ?WAtec- w*-S C't"W -'17 10 Ra ISEP 2 7 2019 Water Quality Regional Operations Asheville Regional Office H 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 -�►yN a� %ate �ue� TEL PI- ONE � rCvQ / RCIZ ,SEP 2 7 2019 u Water Quality Regional Operations Asheville Regional Office