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HomeMy WebLinkAbout040022_PC-2020-0017 Remission (Decision) CPA Factors_20220503DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS Case Number: PC-2020-0017 Region: Fayetteville County: Anson Assessed Entity: Sarah Frances Stegall Permit: AWC040022 (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 waste storage pond has been pumped regularly to maintain the required adequate freeboard. DWR Response: Mr. Stegall does not operate a dairy any longer, but rather a feed lot operation. He took over operations from his father and may not have been aware of permit conditions. The holding pond was pumped down and a marker was installed. (c) Whether the violation was inadvertent or a result of an accident: Permittee States: In the reference that there is no valid permit, the farm belongs to my mother, Sarah Frances Stegall. I, Brent Stegall, lease and operate the farm and I am the permit holder for the waste storage pond and subsequent waste management of the farm. DWR Response: Mr. Stegall took over operations from his father and may not have been aware of the permit conditions. (d) Whether the violator had been assessed civil penalties for any previous violations: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: DECISION (Check One) Request Denied Full Remission Retain Enforcement Costs? Yes No Original Penalty (without Enforcement Costs) $4500.00______ (enter amount) Partial Remission %_50__ __ or $2250.00____ (amount remitted) Subtotal $2250.00______ Retaining Enforcement Costs $327.98_______ Total Revised Assessment $2,577.98_____ Jeff Poupart Date DocuSign Envelope ID: 9DF22A4A-0E3D-4617-8D21-3E2D792B2C26 5/3/2022