WQ0002829_LV-2019-0225 Remission (Request)_20191116

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DARE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
KDHWWTP, LLC )
KDHW WTP )
PERMIT NO. WQ0002829 ) CASE NO. LV-2019-0225
Having been assessed civil penalties totaling $1,850.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 09, 2019, 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 receipts ofotice of assessment.
This the 16613 day of ®t/re9v"114x_� , 20
ADDRESS
7 7�
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0225
Assessed Party: KDHWWTP, LLC
Permit No.: WQ0002829
County: Dare
Amount Assessed: Sl 850.00
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.I(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.l(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 unavoidahle 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:
One membrane diffuser ruptured, as a result half of the aeration basins had to emptied to facilitate
repairs. As result the Dissolved Oxygen was low for a day which caused loss nitrifying organisms. In
addition to the diffuser issue Easter weekend was a couple of days prior to the sampling event.
In the upcoming plant improvements, we are making modifications to the plant to make the aeration
easier to isolate sections in emergencies along with making the process less reliant on aeration.
Concerning the groundwater penalty not sure what to say