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HomeMy WebLinkAboutNC0088765_Remission Request (LV-2019-0331)_20200114 RECEIVED December 15, 2019 JAN 14 2020 Wastewater Branch NCDEQIDWRINPDES Division of Water Resources 1617 Mail Service Center Raleigh,North Carolina 27699-1617 RE: Notice of Violation and Assessment of Civil Penalty for Violations Case No. LV-2019-0331 Tuckaseegee RV Resort WWTP NPDES Permit No. NCOO88765 Jackson County Dear Sirs, Per the assessment of penalties for Tuckaseegee RV Resort WWTP; I would like to request a remission of penalties. Since this time the system has been pumped, spray nozzles have been replaced and a new recirculation pump was installed. Since the repairs were made all analysis have been within limits. Attached you will find documents supporting these repairs. If you have any further questions,please feel free to contact me. Sincerely, A41,40' s - Wayne Smith DocuSign Envelope ID:D0520614-6AA3-47B3-89D5-FCF9B9FC4FD6 JUSTIFICATION FOR REMISSION REOUEST Case Number: LV-2019-0331 County: Jackson Assessed Party: Wayne Smith Permit No.: NC0088765 Amount Assessed: $2,325.47 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"fo'Tin 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 ttwhy 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: x