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