NCG500244_DV20200022_REMREQ_20200220

?REMIER
MAGNESIA,LLC
RECEIVED
20, 020
February
2
FEB 2 6 2020
Director
Division of Water Resources NCDEQIDWRINPDES
Wastewater Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
This letter provides the justification for remission for Case number DV-2020-0022, Permit NCG 500244
for Giles Chemical, a Division of Premier Magnesia.The Justification for Remission Request form and the
Request for Remission Waiver of Right to an Administrative hearing and Stipulation of Facts form are
attached.
During an inspection of January 13, 2020, DEQ representatives observed a facility process recovery
water tank overflowing. Our justification for remission of penalty request centers on items b and c of the
Justification for Remission Request form.
b- prompt abatement
Giles Chemical took immediate action to stop the overflow. On January 13, 2020,we instituted a high-
level alarm for the tanks within the site Distributed Control System (DCS),with both audible and visible
notification to operators. On January 14, 2020, operators were subsequently trained on how to respond
to the alarm. Tank labeling was completed on February 20, 2020.
c—inadvertent cause
During installation of the overflow alarm,the existing overflow drain was discovered to be partially
plugged. Giles has planned to install a 4-inch overflow line to prevent any future plugging.This work is
scheduled to be completed on March 1, 2020.
Thank you for your assistance in this matter.
Sincer
Matt Haynes
VP Manufacturing
Giles Chemical, a Division of Premier Magnesia

DocuSign Envelope ID:EAD5CBAB-6F02-4F4E-8B52-E634F926DD93
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2020-0022 County: Haywood
Assessed Party: Giles Chemical Corporation
Permit No.: NCG500244 Amount Assessed: $4,129.37
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 believesupport 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);
,Z7-(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
step t 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:

DocuSign Envelope ID:EAD5CBAB-6F02-4F4E-8B52-E634F926DD93
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HAYWOOD
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Giles Chemical Corporation )
Waynesville plant )
)
PERMIT NO.NCG500244 ) CASE NO. DV-2020-0022
Having been assessed civil penalties totaling$4,129.37 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated February 14,2020,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. rr This the 36 day of ,20
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