820634_DV-2021-0110 Remission Factors_20211215

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS

Case Number: DV-2021-0110 Region: Fayetteville County: Sampson
Assessed Entity: Tammy Butler Peterson Permit: AWS820634

(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:
Permittee States: The permittee says immediate actions were taken to address the problem.

DWR Response: The clogged pipes were repaired and the house was repaired were the leak
occurred, but the waste in the ditch was never recovered.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Violations were not purposeful, and were the result of heavy rains that resulted in
high freeboard. To stop potential breach of lagoon I made trenches to the ditch.

DWR Response: The waste in the diversion ditch was trenched into another ditch to alleviate the
pressure on the lagoon wall. This water should have been checked before releasing it into the farm
drainage ditch.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: We have never been accessed any penalties in the past.

DWR Response: This farm has not been assessed penalties for previous violations.

(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee States: we have already spent $68,000 to help prevent this issue. Adding $6000 in fines just
makes it more financially difficult.

DWR Response: The remedial actions have already been addressed.

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No

Original Penalty (without Enforcement Costs) $6000.00______ (enter amount)
Partial Remission 25%______ or $1500.00______ (amount remitted)
Subtotal $4500.00______
Retaining Enforcement Costs $779.14_______
Total Revised Assessment $5279.14______

Jeff Poupart Date
DocuSign Envelope ID: 1420D040-83D7-4AE8-BDD7-8705C15ADA1B
12/15/2021