WQ0002284_LV-2021-0333_20220111

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2021-0333
Assessed Party: Outer Banks/Kinnakeet Associates LLC
Permit No.: WQ0002284
County: Dare
Amount Assessed: $1,950.00
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. PIease 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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DARE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Outer Banks/Kinnakeet Associates LLC
Kinnakeet Shores WWTP
PERMIT NO. WQ0002284
) WAIVER OF RIGHT TO AN
) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
)
)
)
) CASE NO. LV-2021-0333
Having been assessed civil penalties totaling $1,950.00 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated November 30, 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 notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

Proposal For:
VOQUA
ALBEMARLE ENVIRONMENTAL
MICHELLE PHARR
533 W. OCEAN ACRES DRIVE
KILL DEVIL HILLS, North Carolina 27948
Phone: [phone]
[e-mail]
Quote Number: 2021-497669
Fergus Robinson
Evoqua Water Technologies
1828 Metcalf Avenue
Thomasville, GA 31792
Phone: [phone]
[e-mail]
Item Pricing Summary
Item Part No
Description
1 W2T88834
REDUCER GEAR WINSMITH MOD#E35MDVD508X0SR
2 W2T88835
GEAR REDUCER SPROCKET SMALL 1.75DIA BORE
Currency: USD
Lead -Time: 8-10 weeks
Qty
2
2
Net Price
$6,150.00
$0.00
Ext. Price
$12,300.00
$0.00
Total Net Price: $12,300.00
Material Escalation
Due to extreme volatility in steel costs, prices quoted in this proposal will be adjusted to reflect changes in the Metal and
Metal Products Index (MMPI) published by the U.S. Department of Labor, Bureau of Labor Statistics. The most recent
published MMPI is 221.4 for September 2020. If the MMPI exceeds 230.0 at the time the Equipment is released for
manufacture, then the price will be increased by the same percentage as the MMPI factor.
Our Manufacturer Rep in your area is:
Representative:
Company:
List Address:
Phone:
Email:
Steven Young
Premier Water
4726-C Park Road
Charlotte, NC, 28209
[phone]
[e-mail]
Page 1 12-01-2021

E?VOQUA
Quote Number: 2021-497669
Payment Terms and Delivery
P4 Terms
Purchaser acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale,
exportation, transfer, assignment, disposal and usage of the goods and/or services provided under the Contract, including
any export license requirements. Purchaser agrees that such goods and/or services shall not at any time directly or
indirectly be used, exported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non-
compliance with such applicable export Paws and regulations. It shall be a condition of the continuing performance by
Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times.
PURCHASER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES,
PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND
REGULATIONS.
Shipping Information
• Shipping and Handling Fee included in price. FCA (Factory)
Terms
• This quote is valid until 12-31-2021
• Payment terms are N30 - Net 30 days with proper credit, and are subject to the attached Evoqua Water
Technologies Terms and Conditions
Sales Tax & GST:
• The pricing provided in this proposal does not include applicable Sales Tax or GST.
• If your company is exempt from Sales Tax or GST, or eligible for a reduced rate of tax, a tax exemption certificate
must be provided no later than with your purchase order,
• If a timely, valid exemption certificate or other documentation is not provided, any applicable Sales Tax or GST will
be invoiced and payable.
• New customers may be required to supply a signed credit application to be approved for credit terms.
• We require hard documentation of your ordering for Evoqua to process your order. For your convenience, we can start
processing your order by signing and returning:
Fax to: 229-228-0312
or Email to: [e-mail]
• You may also mail to:
Evoqua Water Technologies
1828 Metcalf Avenue
Thomasville, GA 31792
Notes
ON MADE TO ORDER & SPECIALTY PARTS; THERE IS NO RETURN
Page 2 12-01-2021

VOQUA
Evoqua Water Technologies Banking Details
ACH CTX
Paper checks via Postai Service
Paper checks via Overnight / Courier
Quote Number: 2021-497669
Evoqua's preferred payment method is via ACH - CTX:
JP Morgan Chase Bank
Attn: Evoqua Water Technologies, LLC
Account #: 603148011
Swift Code: CHASUS33
ACH Routing / ABA: 044000037
Wire Routing / ABA: 021000021
Remittance details should go to: [e-mail]
Paper checks via Postal Service:
Send to our Lockbox, address is:
Evoqua Water Technologies LLC
28563 Network Place
Chicago, IL 60673-1285
Paper checks via Overnight 1 Courier:
JP Morgan Chase Bank
Attn: Evoqua Water Technologies Lockbox 28563
131 S Dearborn, 6th Floor
Chicago, IL 60603
Remittance details should go to: [e-mail]
**If ever instructed to change banking information, contact us immediately at 1-800-466-7873 **
Page 3
12-01-2021

eVOQUA
Standard Terms of Sale
Quote Number: 2021-497669
1. Applicable Terms. These terms govem the purchase and safe of equipment, products, related services, leased products, and media goods if
any (collectively herein "Work"), referred to in Seller's proposal ("Seller's Documentation"). Whether these terms are included in an offer or an
acceptance by Seller, such offer or acceptance is expressly conditioned on Buyers assent to these terms. Seller rejects all additional or different terms
in any of Buyers forms or documents.
2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation specifically
provides otherwise, freight, storage, insurance and all taxes, levies, duties, tariffs, permits or license fees or other governmental charges relating to the
Work or any incremental increases thereto shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse
Seller. if Buyer claims a tax or other exemption or direct payment permit, it shall provide Seller with a valid exemption certificate or permit and
indemnify, defend and hold Seller harmless from any taxes, costs and penalties arising out of same. All payments are due within 30 days of invoice
date. Buyer shall be charged the lower of 1 '/z% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay
ail of Seller's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval by Seller. Back
charges without Seller's prior written approval shall not be accepted.
3. Delivery. Delivery of the Work shall be in material compliance with the schedule in Seller's Documentation. Unless Sellers Documentation
provides otherwise, delivery terms are ExWorks Sellers factory (Incoterms 2010). Title to all Work shall pass upon receipt of payment for the Work under
the respective invoice. Unless otherwise agreed to in writing by Seller, shipping dates are approximate only and Seller shall not be liable for any loss or
expense (consequential or otherwise) incurred by Buyer or Buyer's customer if Seller fails to meet the specified delivery schedule.
4. Ownership of Materials and Licenses. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic
data, software and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's
property. Seller grants Buyer a non-exclusive, non -transferable license to use any such material solely for Buyer's use of the Work. Buyer shall not
disclose any such material to third parties without Seller's prior written consent. Buyer grants Seller a non-exclusive, non -transferable license to use
Buyer's name and logo for marketing purposes, including but not limited to, press releases, marketing and promotional materials, and web site content.
5. Changes. Neither party shall implement any changes in the scope of Work described in Seller's Documentation without a mutually agreed upon
change order. Any change to the scope of the Work, delivery schedule for the Work, any Force Majeure Event, any law, rule, regulation, order, code,
standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance.
6. Force Majeure Event. Neither Buyer nor Seller shall have any liability for any breach or delay (except for breach of payment obligations)
caused by a Force Majeure Event. If a Force Majeure Event exceeds six (6) months in duration, the Seller shall have the right to terminate the
Agreement without liability, upon fifteen (15) days written notice to Buyer, and shall be entitled to payment for work performed prior to the date of
termination. "Force Maieure Event" shall mean events or circumstances that are beyond the affected party's control and could not reasonably have
been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event may include, but is
not limited to, the following circumstances or events: war, act of foreign enemies, terrorism, riot, strike, or lockout by persons other than by Seller or its
sub -suppliers, natural catastrophes or (with respect to on -site work), unusual weather conditions.
7. Warranty. Subject to the following sentence, Seller warrants to Buyer that the (i) Work shall materially conform to the description in Seller's
Documentation and shall be free from defects in material and workmanship and (ii) the Services shall be performed in a timely and workmanlike
manner. Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer. The foregoing warranty
shall not apply to any Work that is specified or otherwise demanded by Buyer and is not manufactured or selected by Seller, as to which (i) Seller hereby
assigns to Buyer, to the extent assignable, any warranties made to Seller and (ii) Seller shall have no other liability to Buyer under warranty, tort or any
other legal theory, The Seller warrants the Work, or any components thereof, through the earlier of (i) eighteen (18) months from delivery of the Work or
(ii) twelve (12) months from initial operation of the Work or ninety (90) days from the performance of services (the "Warranty Period"). If Buyer gives
Seller prompt written notice of breach of this warranty within the Warranty Period, Seller shall, at its sole option and as Buyer's sole and exclusive
remedy, repair or replace the subject parts, re -perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Seller, (i)
Buyer shall be responsible for any labor required to gain access to the Work so that Seller can assess the available remedies and (ii) Buyer shall be
responsible for all costs of installation of repaired or replaced Work. If Seller determines that any claimed breach is not, in fact, covered by this warranty,
Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Sellers warranty is conditioned on Buyers (a) operating
and maintaining the Work in accordance with Seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of
any payment obligation to Seller. Seller's warranty does not cover (i) damage caused by chemical action or abrasive material, misuse or improper
installation (unless installed by Seller) and (ii) media goods (such as, but not limited to, resin, membranes, or granular activated carbon media) once
media goods are installed. THE WARRANTIES SET FORTH IN THIS SECTION 7 ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND
ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
8. Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of
third party claims for personal injury, death or damage to tangible property, to the extent caused by Sellers negligence. Seller shall have the sole
authority to direct the defense of and settle any indemnified claim. Sellers indemnification is conditioned on Buyer (a) promptly, within the Warranty
Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim.
9. Assignment. Neither party may assign this Agreement, in whole or in part, nor any rights or obligations hereunder without the prior written
consent of the other party; provided, however, the Seller may assign its rights and obligations under these terms to its affiliates or in connection with the
sale or transfer of the Sellers business and Seller may grant a security interest in the Agreement and/or assign proceeds of the agreement without
Buyer's consent.
Page 4
12-01-2021

evOQUA
Quote Number: 2021-497669
10. Termination. Either party may terminate this agreement, upon issuance of a written notice of breach and a thirty (30) day cure period, for a
material breach (including but not limited to, filing of bankruptcy, or failure to fulfill the material obligations of this agreement). If Buyer suspends an
order without a change order for ninety (90) or more days, Seller may thereafter terminate this Agreement without liability, upon fifteen (15) days written
notice to Buyer, and shall be entitled to payment for work performed, whether delivered or undelivered, prior to the date of termination.
11. Dispute Resolution. Seller and Buyer shall negotiate in good faith to resolve any dispute relating hereto. If, despite good faith efforts, the
parties are unable to resolve a dispute or claim arising out of or relating to this Agreement or its breach, termination, enforcement, interpretation or
validity, the parties will first seek to agree on a forum for mediation to be held in a mutually agreeable site. If the parties are unable to resolve the dispute
through mediation, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement,
interpretation or validity thereof including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration
in Pittsburgh, Pennsylvania before three arbitrators who are lawyers experienced in the discipline that is the subject of the dispute and shall be jointly
selected by Seller and Buyer. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The
Arbitrators shall issue a reasoned decision of a majority of the arbitrators, which shall be the decision of the panel. Judgment may be entered upon the
arbitrators' decision in any court of competent jurisdiction. The substantially prevailing party as determined by the arbitrators shall be reimbursed by the
other party for all costs, expenses and charges, including without limitation reasonable attorneys' fees, incurred by the prevailing party in connection with
the arbitration. For any order shipped outside of the United States, any dispute shall be referred to and finally determined by the International Center for
Dispute Resolution in accordance with the provisions of its International Arbitration Rules, enforceable under the New York Convention (Convention on
the Recognition and Enforcement of Foreign Arbitral Awards) and the governing language shall be English.
12. Export Compliance. Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale,
exportation, transfer, assignment, disposal and usage of the Work provided under this Agreement, including any export license requirements. Buyer
agrees that such Work shall not at any time directly or indirectly be used, exported, sold, transferred, assigned or otherwise disposed of in a manner
which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the continuing performance by Seller of its
obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER AGREES TO INDEMNIFY AND HOLD
SELLER HARMLESS FROM ANY AND ALL COSTS, LIABELITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH
APPLICABLE EXPORT LAWS AND REGULATIONS.
13. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY
TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY
BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT, SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE
WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
14. Rental Equipment 1 Services. Any leased or rented equipment ("Leased Equipment") provided by Seller shall at all times be the property of
Seller with the exception of certain miscellaneous installation materials purchased by the Buyer, and no right or property interest is transferred to the
Buyer, except the right to use any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend, or create a security interest in,
part with possession of, or relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working
order. At the end of the initial term specified in the order, the terms shall automatically renew for the identical period unless canceled in writing by Buyer
or Seller not sooner than three (3) months nor later than one (1) month from termination of the initial order or any renewal terms. Upon any renewal,
Seller shall have the right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen
(15) days of issuance of said notice, If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer
of its obligations under the order for the monthly rental service charge which shall continue to be due and owing. Upon the expiration or termination of
this Agreement, Buyer shall promptly make any Leased Equipment available to Seller for removal. Buyer hereby agrees that it shall grant Seller access
to the Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and
hereby releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal.
15. Miscellaneous. These terms, together with any Contract Documents issued or signed by the Seller, comprise the complete and exclusive
statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyer's documents, unless separately signed
by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or
performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. To the extent the Agreement is considered a
subcontract under Buyer's prime contract with an agency of the United States government, in case of Federal Acquisition Regulations (FARs) flow down
terms, Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as specifically listed in
52.244-6, Subcontracts for Commercial Items (OCT 2014). If any of these terms is unenforceable, such term shall be limited only to the extent
necessary to make it enforceable, and all other terms shall remain in full force and effect. The Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania without regard to its conflict of laws provisions. Both Buyer and Seller reject the applicability of the United Nations
Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship.
Accepted by:
Print:
Date:
Page 5 12-01-2021