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HomeMy WebLinkAboutWQCS00027_DV-2021-0035 Remission Request_20210430 �pKE Rq P.O.Box 308 1000 Jackson Street oP io Roanoke Rapids,NC 27870 �11 Roanoke Rapids Sanitary District (252)537-9137 Sanitary Fax: (252)537-3064 �4-.0), o1s„it www.rrsd.org April 30, 2021 RECEIVED CERTIFIED MAIL: 7005 3110 0001 6339 1794 APR 3 0 2021 RETURNED RECEIPT REQUESTED NCDEQ/DWR/NppEg ATTN: PERCS Branch North Carolina Division of Water Resources 1617 Mail Service Center Raleigh,NC 27699-1617 Re: Notice of Violation and Assessment of Civil Penalty Case No. DV-2021-0035 Roanoke Rapids Sanitary District Wastewater Collection System Wastewater Collection System Permit Number: WQCS00027 Halifax County To Whom it may concern, Please be advised that the Roanoke Rapids Sanitary District requests remission of the civil penalty in the amount of$786.57. Please find enclosed the Justification for Remission Request and Waiver of Right to an Administrative Hearing and Stipulation of Facts, as requested. The District believes the cause of this sanitary sewer overflow to be a result of vandalism, as building construction materials were removed from the sewer main. The blockage was immediately cleared, and the mains were CCTV inspected. There were no evident damages within the collection system that would contribute to the SSO. There were also no evident damages to the collection system resultant from the vandalism. The Roanoke Rapids Sanitary District greatly appreciates your time and consideration in this matter. Should you require additional information, please do not hesitate to contact me. Very Truly Yours, R. Danieley Brown, .E. Chief Executive Officer Enc: Justification for Remission Request Waiver of Right to an Administrative Hearing and Stipulation of Facts CC: Scott Vinson, Division of Water Resources Gregory L. Browning, Chairman David W. Scott, ORC File CollectionResponse4.30.21PenaltyRemission2.doc Page 1 of 1 • JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2021-0035 County: Halifax Assessed Party: Roanoke Rapids Sanitary District Permit No.: WQCS00027 Amount Assessed: $786.57 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: it is of the opinion of the Roanoke Rapids Sanitary District that this Sanitary Sewer Over-glow was a result ofvandalism. District forces removed building construction materials from the sewer main that caused the back-up and subsequent overflow. The bl_ockaRe was immediately removed and no evidence of damage was found. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF HALIFAX IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Roanoke Rapids Sanitary District ) Roanoke Rapids Sanitary Dist Collection System ) ) PERMIT NO. WQCS00027 ) CASE NO. DV-2021-0035 Having been assessed civil penalties totaling$786.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated March 22,2021, 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 30+�' day of April ,20 Z I • RECEIVED SI ATURE APR 3 0 2021 ADDRESS p. NCDEQ/DWR/NPDES fax 3os Roanoke_ Rapic s,At 27 sW TELEPHONE • (z5z) 537-. q J37 x 22-5