310475_PC-2022-0009 Remission (Decision)_20221205 (2)

DocuSign Envelope ID: 40F3F359-4B15-4C11-9EF8-1A2AC1 DDD089
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2022-0009
Region: Wilmington County: Duplin
Assessed Entity: Rufus E. Rouse Permit: AWS310475
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States: I did not cause harm to anything. No damage done to nature, health, or land I felt
like things had been handled promptly and correctly.
DWR Response: The civil penalty factors were not wrongly applied to the detriment of the
petitioner. The assessment was for failure to maintain waste levels and for failure to report. The waste
level reached reportable levels 27 times prior to February 23 2021 and was at 11 inches on the day of
inspection.
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: I called my tech specialist, and he later told me that he called DWQ and reported
the high freeboard. I was not hiding anything. I don't know what happened with communication.
Filed POA & back in compliance within two weeks.
DWR Response: Environmental damage was minimal. There were 27 unreported instances of non
compliant waste levels documented in records.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States: Weeks before the visit by DWQ, we had received a lot of rain. When the lagoon
level reached 19 inches I called Joseph Lanier, who meets with DWQ on scheduled visits. A few days
after the lagoon level was 19 we received more rain and the level reached 11 inches.
DWR Response: The violator was not inadvertent or a result of an accident. The high freeboards
were recorded in his records but not reported.
Z (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: I did not cause harm to anything.
DWR Response: The violator has been assessed 2 penalties. 2 CPAs for failure to pay permit fee in
2014 and 2016.
n (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) $ 2,000.00 (enter amount)
Partial Remission ❑ % 0 or $ 0 (amount remitted)
Subtotal
Retaining Enforcement Costs
Total Revised Assessment
$ 2,000.00
$ 455.20
$ 2,455.20
.SDocuSigned by:
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