WQ0002519_Remission (Justification for Request)_20170517

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PRITCHETT & BURCH, PLLC
ATTORNEYS AT LAW
101 LAWYERS LANE — POST OFFICE DRAWER 100 — WINDSOR, NC 27983
Telephone [phone]- Facsimile [phone]
e-mail: psmithwindsorlaw.com
LLOYD C. SMITH, JR. * +
JONATHAN E. HUDDLESTON
LLOYD C. SMITH, III
PEGGY T. SMITH
*Certified Mediator
+Certified Family Financial Mediator
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
J.A. PRITCHE 1 1 (1897-1986)
WILLIAM W. PRITCHh 1 1, JR. (1944-2001)
May 17, 2017
Re: Justification for Remission Request
LV-2017-124, 126, 127, 128, 129
To whom it may concern:
RECEIVEDINCDEOIDWR
MAY 2 3 2017
Non -Discharge
Permitting Unit
I am providing this justification for remission request on behalf of the Board of
Commissioners of the Minzies Creek Sanitary District. The District requests a remission on
said fines based upon both subsection (c) and (e) of N.C.G.S. §143B-282.1(c), and submits
the following justifications for said request:
1. The Minizies Creek Sanitary District is operating under a special order of
consent, an Order that was issued based upon the failing system that the District took over
upon incorporation. The essence of the SOC is that the District is being allowed time to work
on a replacement for the current treatment system, and that during the time prior to
replacement, the district is to make its best efforts to maintain the current system and limit
the amount of effluent discharge. Clearly, the system now being operated is failing and
based upon the nature of the current lagoon based system there are no steps that could be
taken which would prevent at least some violations from occurring. The violations for which
the District is being fined are violations that cannot be prevented by the district short of
replacing the entire system. If the violations found are punishable by fines then the purpose
of the current SOC is defeated. The primary reasons for the violations admitted too herein
were extraordinary amounts of rain and weather related issues that can best be described as
"acts of god" that only a new and fully function system could have withstood.
2. Any fines now due and owing, would greatly impact the ability of the Sanitary
District to continue making remedial improvements to the existing system, and compromise
its ability to correct any unexpected issues that may arise. I am attaching hereto a copy of
the 2016-2017 budget, which shows that the district only retains $2,000.00 a year in a

capital account for any unexpected repairs and other costs associated with the operation of
the waste water system. The requested fines would remove all funds from the current
capital account and leave the District insolvent.
Based upon the reasons laid out above, we would ask that DENR remit payment of the
herein referenced fines.
Please feel free to contact me at your convenience.
Yours very truly,
PRITCHETT & BURCH, PLLC
mith,
CC: Minzies Creek

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Minzies Creek Sanitary District
2016 - 2017 Annual Budget
Income_
Metered Service (120,000 Gal/Mt Billed)
Base Rate (78 Sewer, 13 Water only Customers)
Reconnection Fee
Returned Check Charges
New Customer Fee
Late Charges
Misc Income
Water Sewer
10,080 j $
26,863 ' $
_._ 175 �-$T
Operating Expenses
Salaries and /Wages (employees only)
Contract Labor (ORC)
Administrive and Office
Maintenance and Repair
Purchased Water
Electice Power (excludes office)
Chemicals and. Lab Equipment
Testing Fees
Transporation
Legal
Insurance
Payroll Taxes (FICA, FUTA, SUTA)
Other Operating Expense
Operating Taxes
NCDENR Regulatory Fees
Federal Tax
Perquimans County Taxes
35 $
105 $
60 $
$ 23 $
Total $ 37,341 $
1
Water Sewer Total
8,400 $ 8,400 $ 16,800
$
$
6,000 $
1,800 I $
10.080
Total $
-$
35,166 $
8,870 $
37,440 $
175 $
35 $
105 $
60 $
36 $
46,721 $
Total
18,950
64,303
350
70
210
120
59
84,062
8,400 $ 14,400
2,082 ' $ 3,882
3,600 $ 3,600
_._ $ 10,080
$ 6,983 $ 6,983
$ 2,240 $ 2,240
1,566 $___ 2,644 $ 4,210
500 $ 800 $ 1,300
3,000 $ 3,000 $ _- 6,000
2,142 $ 2,142 $ 4,284
1,678 $ 1,678 $ 3,356
92 $ 92
42,061 $ 77,227
Water Sewer Total
$ 350 $ 2,810 $ 3,160
$ 825 $ 850 $ 1,675
_-1 $ 10 $ 10 $ 20
Total $ 1,175 $ 3,660 $ 4,835
Non -Operating Revenues and Expense
Fund Raiser Income
Dept Retirement
Capital Reserve
USDA Grant
Water
USDA Grant Payables
Total
Sewer
Total
$ - $
$ (1,000) $ (1,000) $ (2,000)
$ (1,000) $ (1,000) $ (2,000)
Net Income/(Loss)
Water Sewer
$ - $
Total
$

JUSTIFICATION FOR REMISSION REQUEST
x
Case Number: LV-2017-0129
Assessed Party: Minzies Creek Sanitary Sewer District
Permit No.: WQ0002519
County: Perquimans
Amount Assessed: $864.50
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);
(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:

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0124
Assessed Party: Minzies Creek Sanitary Sewer District
Permit No.: WQ0002519
County: Perquimans
Amount Assessed: $614.50
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 ofa 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);
(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:

•
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0127
Assessed Party: Minzies Creek Sanitary Sewer District
Permit No.: WQ0002519
County: Perquimans
Amount Assessed: $427.00
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).
x
(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:

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0126
Assessed Party: Mincies Creek Sanitary Sewer District
Permit No.: WQ0002519
County: Perquimans
Amount Assessed: $427.00
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 (Le., 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 (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2017-0128
Assessed Party: Minzies Creek Sanitary Sewer District
Permit No.: WQ0002519
County: Perquimans
Amount Assessed: $489.50
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);
(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).
x
EXPLANATION: