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HomeMy WebLinkAboutWQCS00205_Remission Request (DV-2022-0047)_20220615 DocuSign Envelope ID:CE445935-9A42-4571-A04D-B187F25E6377 JUSTIFICATION FOR REMISSION REQUEST Case Number: DV-2022-0047 County: Madison Assessed Party: Town of Marshall Permit No.: WQCS00205 Amount Assessed: $872.84 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); tie for anyprevious violations; (d) the violator had not been assessed civil penalties o P (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: V 1(I vL( S h (z IGl _r I (AY n C1, e rE> CL1\Ct bi GC ,- - pi` Sep, l .ter r 12: ��� p\ ccrAc -- ° DocuSign Envelope ID:CE445935-9A42-4571-A04D-B187F25E6377 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MADISON IN THE MAKIER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Town of Marshall ) Marshall Collection System ) ) PERMIT NO.WQCS00205 ) CASE NO. DV-2022-0047 Having been assessed civil penalties totaling$872.84 for violation(s)as set forth in the assessment document of the Division of Water Resources dated June 1,2022,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 V Lkine, ,20 �l RECEIVED SIGNATURE J U N 15 2022 ADDRESS Po ( ox 5y-g NCDEQIDWRINPDES f rags kcd ( , MGM 23 TELEPHONE / ` 0,