WQCS00111_NOV-2021-0052 Remission (Request)_20210527

Mayor
J. Alan Peoples
Mayor Pro-tem
Bill Ingham
Board Members
Crys Armbrust
Chrelle Booker
Bill Crowell
May 26th, 2021
Town of Tryon
Office of the Town Manager
Zach 0llis
G. Landon Davidson
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
2090 U.S. 70 Highway
Swannanoa, N.C. 28778
Subject: Notice of Violation
Case Number: NOV-2021-0051 & NOV-2021-0052
Sanitary Sewer Overflows — April 2021
Tryon Collection System
Polk County
Dear Mr. G. Landon Davidson,
Town Manager
Zach 011is
Town Clerk
Susan Bell
Town Attorney
William Morgan
RECEIVED
MAY 2,7 2(231
I am writing today to submit a written request for remission of the penalties set forth in the
two cases held against the Town of Tryon.
The Town of Tryon has worked feverishly to keep your office in the loop of all details of our
repair to this system. To date, we have over spent over $35,000 in engineering fees as well as
another $30,000 in immediate repairs. Receipts can be provided if requested. We truly feel that
the Braewick Road sewer project will solve this issue once completed. In our many meetings
with your office, we have been able to have our engineers at Withers&Ravenel explain our
process and goals to your staff as well as others representing different factions of state
government.
Throughout this process, we have been up front and honest about the issues we face. We have
also made our best effort to keep in contact and inform your office about our project. We hope
that you will find our request validated. If you have any questions, please feel free to contact
me.
Sincerely,
Zach 011is
Town Manager
301 N. Trade Street • Tryon, North Carolina 28782
[phone] • Fax: [phone]
Tryon-nc.com

DocuSign Envelope ID: 80B6AD07-F129-4242-9C07-0FE7774D6C28
Case Number: DV-2021-0051
Assessed Party: Town of Tryon
Permit No.: WQCS00111
JUSTIFICATION FOR REMISSION REQUEST
County: Polk
Amount Assessed: S2,1 19.92
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:

DocuSign Envelope ID: 80B6AD07-F129-4242-9CD7-0FE7774D6C28
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Town of Tryon
Tryon Collection System
PERMIT NO. WQCS00111
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. DV-2021-0051
Having been assessed civil penalties totaling $2.119.92 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated April 26.2021, 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 no of assessment.
This the _
day of
ADDRESS
ti�
SIGNATURE
"VC 7 zed
TELEPHONE
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DocuSign Envelope ID: 8086AD07-F129-4242-9CD7-0FE7774D6C28
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202100978 3/4/2021 CSO/SSO(Sewer Overflow) Discharge without valid permit 5,000 $2,000.00