310475_PC-2022-0009 Remission (Request)_20220728

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
COUNTY OF BLADEN QUALITY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Rufus E. Rouse
PERMIT NO. AWS310475
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC-2022-0009
Having been assessed civil penalties totaling $2,455.20 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated February 24, 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 thirty (30) days from the receipt of the notice
of assessment.
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This the 4°2 8 day of (1 `t' ` : , 2022
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JUL 282022
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JUSTIFICATION FOR REMISSION REOUEST
Case Number: PC-2022-0009
Assessed Party: Rufus E. Rouse
Permit No.: AWS310475
County: Duplin
Amount assessed: $2,455.20
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 determining 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. By law [NCGS 133-215.6A(f)] remission of a civil penalty may be granted when one
or more of the following five factors applies. 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)
(b)
(d)'_
one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are
included in the atteciled penalty matrix and/or listed in the civil penalty assessment
document); /�� a �`' I eJ Q a S sesracert D c
the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain t e stepi that ou took to correct the violation and prevent
future occurrences); P1' V— '6a-�1 l002
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the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unc(voa able r something you could not prevent or prepare for);
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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).
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Rufus E. Rouse
1658 Pasture Branch Rd.
Beulaville, NC 28518
910.385.4125
July 7, 2022
Miressa D. Garoma
Animal Feed Operations Program
Division of Water Resources
1636 Mail Service Center
Raleigh, NC 27699-1636
RE: Enforcement File No. PC-2021-0032
Dear Ms. Garoma,
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. Joseph takes
lagoon samples and soil samples, which he is certified for this position. He also instructs me
with pumping properly.
A few days after the lagoon level was 19 we received more rain and the level reached 11
inches. I called Joseph that night and told him it was 11 inches and he told me he would report
this in the morning. The next morning he called and let me know he had reported this
information. He also said that because of the 11 inches that he gave them, they would be
coming out for inspection the next moming.
I was expecting DWQ the next morning so I hung around waiting for them to arrive. I was there
when they arrived and open to any questions. I felt like things had been handled promptly and
correctly. I am open to discussing again and if you need to speak with Joseph Lanier. His
phone number is 910.298.1352.
Sincerely,
Rufus E. Rouse
CC: Joseph Lanier