NC0023981_compliance (Remission factors 0146)_20210806

DocuSign Envelope ID: E9BDB5A5-0054-4805-BB5E-FE1E479E18B9
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2021-0146 Region: Asheville County: Caldwell
Assessed Entity: Lenoir — Lower Creek WWTP Permit: NC0023981
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: One of the WWTP's two aeration basins was taken offline to repair an air leak. The
remaining basin had older air lines and the ORC was worried about a rupture if too much pressure
was used in them. Limit violation occurred due to the aeration basin being offline. Plant returned to
compliance after aeration basin was restarted.
DWR Response: Recommend no remission as this appears to be a result of chronic deferred
maintenance. Proper O&M would have prevented this violation.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
n (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
DECISION (Check One)
Request Denied �
Full Remission El Retain Enforcement Costs? Yes • No ❑
Original Penalty (without Enforcement Costs) $3,400.00
Partial Remission❑
Subtotal
Retaining Enforcement Costs
0% or $0.00 (amount remitted)
$3,400.00
$127.20
Total Revised Assessment $3,527.20
DocuSigned by:
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8328B44CE9EB4A1...
8/11/2021
S. Daniel Smith Date