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HomeMy WebLinkAboutWQ0002519_Remission (Justification for Request)_20170517 (2)PRITCHETT & BURCH, PLLC ATTORNEYS AT LAW 101 LAWYERS LANE — POST OFFICE DRAWER 100 — WINDSOR, NC 27983 Telephone (252) 794-3161- Facsimile (252) 794-2392 e-mail: psmith@windsorlaw.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. PRITCHETT (1897-1986) WILLIAM W. PRITCHETT, JR. (1944-2001) May 17, 2017 Re: Justification for Remission Request LV-2017-124, 126, 127, 128, 129 To whom it may concern: RECEIVEDINCDEQIDWR 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, Pr:ITC Err &=,URCH, PLLC CC: Minzies Creek 2 Income Metered Service (120,000 Ga1/Mt Billed) Base Rate (78 Sewer, 13 Water only Customers) Reconnection Fee Returned Check Charges New Customer Fee Late Charges Misc Income Minzies Creek Sanitary District 2016 - 2017 Annual Budget 1 Water Sewer I Total • .... ...... $ 10,080 $ 8,870 i $ $ 26,863 $ 175 $ $ 35$ $ 1051$....__. $ 60 1..$ $ 23,$ Total $ 37,341 1 $ Operating Expenses Salariea 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 .V..- --_- --- Payroll Taxes (FICA, FUTA, SUI'A) Other Operating Expense Operating Taxes NCDENR Regulatory Fees Federal Tax Perquimans County Taxes H Total $ Non -Operating Revenues and Expense Fund Raiser Income Dept Retirement Capital Reserve USDA Grant USDA Grant Payables Tota Net Income/(Loss) Water Water $ 8,400 $ 6,000 $ ._. 1,800 Total $ 1,566 I $ 500 $ 3,000 $ 2,142 $ 1,678 I $ 35,166 37,440 $ _. 175 $ • • 35$ 105!$ 60i$ 36 $ 46,721 ; $ Sewer Total $ 8,400 $ $ 8,400 $ 2' 2,08 $ 3,600 $ !$ 6,983.1 $ 2,240 ! $ 2,644 $ 800 ; $ 3,000 $ 2,142 $ 1,678 $ $ 92 $ $ 42,061 1 $ Water Sewer 350 $ 825 $ ._ 10 $ 1,175 $ Sewer $ (1,000)1 $ Water j Sewer $ - i$ 18,950 64,303 350 70 210 120 59 84,062 16,800 _ 14,400 3,882 3,600 10,080 6,983 2,240 4,210 1,300 6,000 4,284 3,356 92 77,227 Total 2,810 $ 850 10$ 3,660 j $ Total 3,160 1,675 20 4,835 $ (1,000) $ (2,000) t$ (1,000)? $ (2,000) j Total 0,$... 0 JUSTIFICATION FOR REMISSION REQUEST 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). 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-2017-0124 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 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. I43B-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). 1` (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 (Le., 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: Minzies Creek Sanitary Sewer District Permit No.: WQ00025I9 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 (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 (Le., 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). XPLANATION: 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). ?,XPLANATION: SP-2cN7- coo t �..�-1ot7-0114 - 2.017 - 0 1 t 6 1_11 -eaA17-ot�3 L. v -.1017 - 0 1 A- L-v- tot?_ot2,(0 L_c/- -0119 Lv - ►7 - 01)(3 �v -- a.J3.0- 147