WQCS00214_Remission Request (DV-2022-0069)_20220818

,OW N Op
E F FF9
Tom Hartman,Mayor �r J' Russell W. Barr,Ill,Alderman
(LI_^�O
Brantley Price,Town Manager • 3 i '� z r.� Calvin Green,Alderman
Bradley Jordan,Chief of Police To 1,, Crystal C.Miller,Alderwoman
John B."Jak"Reeves,Town Attorney John K. Reeves,Alderman
Stephen Shoemaker,Alderman
Town of West Jefferson
Established1915 RECEIVED
"Prosperity, Growth,Achievement" C
August 11, 2022 ni, i 1 b 2022
NCDEQ/DWR/NPDES
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
1 Raleigh, NC 27699-1617
Re: NOV—Case#DV-2022-0069
To Whom it May Concern,
This letter is in response to the Town of West Jefferson's Notice of Violation and Assessment of Civil
Penalty per case number DV-2022-0069. Per the letter, please find enclosed a copy of the Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing and Stipulation of Facts and
the Justification of Remission Request.
If you need any additional information, please let me know.
Sincerely
7
Brant y Price
Town Manager
Post Office Box 490 o1 S.Jefferson Ave. West Jefferson, NC 28694
Phone:336-246- 3551
Fax:[phone] This institution is an equal-opportunity provider and employer.
www.townofwjnc.com

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0069 County: Ashe
Assessed Party: Town of West Jefferson
Permit No.: WQCS00214 Amount Assessed: $632.71
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);
X (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);
X (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:
The SSO was caused by a hole in a 6" ductile force main. There was no disturbance
around the pipe to purposefully cause damage to the pipe. The area of the pipe to either •
side of the hole showed no sign of weakness or degradation. The SSO was spotted
quickly. The pump station was turned off and valves were closed to limit the amount
of overflow. The line was fixed immediately and put back into service without further
complications.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ASHE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of West Jefferson )
West Jefferson Collection System )
)
PERMIT NO. WQCS002I4 ) CASE NO. DV-2022-0069
Having been assessed civil penalties totaling$632.71 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated July 15, 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 I%✓ 1 day of 4Ug 14.54- , 20 ZZ_
RECEIVED SIGNATURE
MASI 1 8 2022 ADDRESS
NCDEQIDWRINPDES 7 A'
de Si- e.r-s,,., ),a4r4
TELEPHONE
4t 3S 1