NC0087106_(MV-2020-0002)_20200221

DocuSign Envelope ID D2B1o622-D4B5-453D-90DE-9BA3B8CDDEAB
JUSTIFICATION FOR REMISSION REQUEST RECEIVED
FEB 21 Z020
Case Number: MV-2020-0002 County: HendersonNCDEQIDWRINPDES
Assessed Party: Champion Hills Property Owners Association Inc
Permit No.: NCO087106 Amount Assessed: $575.47
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" 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. § 14313-282A (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);
X (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:
At the time of the violation, James & James Environmental was the contractor retained by the
Association to monitor the performance of the Association's waste water treatment plant.
James & James inadvertently failed to file the reports that are the subject of the Notice of Violation and
Assessment of Civil Penalty. In each case, the required testing had been completed, but the report was
not filed. The Association terminated its contract with James & James Environmental effective February
2019. Notwithstanding such termination, at the Association's request, James & James Environmental
has provided the missing reports to the Association. The Association has filed such reports with NCDEQ
The Association and Rpb Systems, Inc., the contractor currently retained by the Association, have
instituted procedures to confirm the waste water treatment plant is monitored to ensure compliance with
the Association's permits and all reports are timely and accurately filed.

DocuSign Envelope ID: D2B10622-D4B5-453D-90DE-9BA3B8CDDEAB
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
BOUNTY OF HENDERSON RECEIVED
FEB 21 2020
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN CDEQIDWRINPDES
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AN
STIPULATION OF FACTS
Champion Hills Property Owners Association Inc )
Champion Hills WWTP )
PERMIT NO. NCO087106 ) CASE NO. MV-2020-0002
Having been assessed civil penalties totaling $575.47 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated lanuM 10, 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.
This the 18th
day of February , 20 20
Y�VON l t1lS (J SS .c.Arz'A Iry 3r'4c .
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rka%jtr�tSIGNATURE
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