NC0086550_Request Summary and Recommendation_20101027

Remission Request Summary and Recommendation
To: Coleen H. Sullins
' From: JoeCorporon Date: 06Oct2 10 Region: FRO
Reviewed by: In" vv- Date: b/7142 a 10
APS/ Section Chief(initials)
Assessed Party: Town of Fairmont County: Robeson
Case No.: LV-23010-0205 Permit No.: NC0086550
Case Background and Assessment
• 09Jun1999 DWQ issued Permit No.NC0086550 to Town of Fairmont WWTP
• 07Jul2010 DWQ staff from FRO conducted a review of the February 2010 DMR submitted by
the Permittee,and based on that review found effluent limit violations.
• 07Jul2010 Notice of Violation(NOV)and Enforcement Recommendation issued
• 22Jul2010 DWQ FRO received a response to the dated NOV
• 07Jul2010 Town of Fairmont was assessed a civil penalty of$1,635.17($1,500.00 civil penalty
plus$ 135.17 investigative costs):
1 $ — for one violation of failing to secure a Water Quality Certification
acc 2H .0501 and.0502
• $1,500.00 for_1_of_1_violation(s)of G.S. 143-215.1(a)(6)and NPDES
Permit NC0086550,by discharging wastewater into the waters of the State in
violation of the Permit Monthly Average limit for ammonia(NH3 as N).
• Date Green card indicated delivery of the assessment document.
Remission Request(Summary)
S
• 22Jul2010 Remission request signed
• 26Jul2010 Remission request received
Remission Request[paraphrased) Town of Fairmont: The skimmer arm for Clarifier#1 sheared off,
crashed into the scum scraper,and sank to the bottom.We therefore immediately diverted flow to
Clarifier#2.We then called Eastern Public Works in Mount Olive and after a few days,Eastern arrived
and began work. Repair work was delayed several additional days because we had to drain the clarifier
and remove several feet of sludge(see enclosed bill).After resuming operations at#1,clarifier#2 was
then shut down for preventive maintenance(see enclosed bill). Because this catastrophe caused permit
limit violations beyond our control,and because we acted quickly to prevent further damage,we request
remission of assessed penalties.
DWO Response: FRO notes that the Permittee did not have an active"preventative maintenance plan"
prior to the violation.Moreover,they did not notify FRO of this incident,as required by their permit.
Therefore,both Central Office and FRO do not agree with the Permittee that violations"resulted from
an accident or conditions beyond the Permittee's control,"and feel that regular preventive maintenance
would have identified this problem prior to impacting waters of the State. However,considering a good
compliance history,the treatment-system upgrades(documented$44,350+$9,350 total$53,700),and
Fairmont's proposed Preventative Maintenance Plan,the Central Office and FRO both agree that
assessed penalties may be reduced by 20%.
rev 1.0-8.31.09

1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$1,500.00 NC0086550, by discharging waste water into the waters of the State
in violation of the Permit Monthly Average limit for NH3-N - Conc.
$1,500.00 TOTAL CIVIL PENALTY
$135.17 Enforcement Costs
$1,635.17 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
•

' a '
2. Submit a written request for remission or mitigation including a detailed justification
for such request:
O 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. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please
prepare a detailed statement that establishes why you believe the civil penalty should be
remitted, and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)
was wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Quality will review your
0 evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form
within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that
you complete and submit the enclosed "Justification for Remission Request." Both forms should
be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
0

•
3. File a petition for an administrative hearing with the Office of Administrative Hearings: I
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty(30)days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed
by facsimile(fax) or electronic mail by an attached file(with restrictions) -provided the signed original,
one(1)copy and a filing fee (if a filing fee is required by NCGS §150B-23.2)is received in the Office of
Administrative Hearings within seven(7)business days following the faxed or electronic transmission.
You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or
the details of the filing process. The mailing address and telephone and fax numbers for the Office of
Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
and
Mail or hand-deliver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact the Surface Water staff of the Fayetteville Regional
Office at 910-433-3300.
Sincerely,
ittik
Belinda S. Henson
Regional Supervisor
Surface Water Protection Section
Fayetteville Regional Office
ATTACHMENTS
cc: Enforcement File w/attachments
Central Files w/attachments

EFFLUENT
NPDES PERMIT NUMBER: NC0086550 DISCHARGE NUMBER: MA MONTH:F.Arvuy YEAR: 2010
FACILITY NAME:Town of Fairmont W.W.T.P CLASS: NI COUNTY: R
OPERATOR IN RESPONSIBLE CHARGE(ORC): Johnny Britt GRADE: II PHONE:
• CERTIFIED LABORATORIES: 1117131. (21 Madbch MAR 25 201113
CHECK BLOCK K ORC HAS CHANGED Eggi PERSON(S)COLLECTING SAMPLES: Johnny Britt and Dennis Freeman and Kevin Taylor
MAIL ORIGINAL and ONE COPY TO:
AtCn: CENTRAL FILES t S-' r$�
DIVISION OF WATER QUALITY (SIGNATURE s'OPE• To.IN RES•a •• DATE OA
1617 MAIL SERVICE CENTER BY THIS SIGNA •.1 C • THAT THIS REPORT IS ACCURATE AIM COMPLETE TO THE BEST OF MY KNOWLEDGE
RALEIGH,NC 27699-1617
MAR 4 4 ('iii
50060 00010 00400 50060 00310 00610 00530 31616 00300 00600 OOPS TGP3B 6030 V01/26 71900 s..•.
FLOW
Operator Operator EFF[X I Fecal Nitrates
Arrival Time ORC INF I J Collum NbBes Total OIL
Tone on on Daily Temp Residual BOO, Maroriaiupended Geametnc Dissolved Total Total Clwonic KptlW Mercury GREASE
Date 24:00 Site Site? Rale (Celsius) pH Chlorine 20°C Nitrogen Residue Mean Omen Nitrogen Puaeywry Tmcay
HRS HRS YIN MGO °C UNITS UG1L MG . MGIL MGIL S1ICONL MGLL MGIL MOIL Mts1L MGIL nglL MGIL
:::IH: :7:30::::6:: ::Y:i::0:844 12.3 13.1 5.0 4.7 ::p:: •:
2 7:30 5 Y 1.074 12.1 6.9 25.0 13.3 5.9 13.6 <1 9.4 8.02 0.630 0.314 18.600
-•..... :::. 7_40 6 ::•1(::::1:590 12.5 6.9 25.0 <1 9.5
4 3911 4 Y 1.516 12.3 6.8 26.0 9.6
::4:: lb0 6 :: ( :1221 12.1
6 7:40 5 Y 1.735
:::7:: : _3a: : b: :::.Y.---:•110./.
8 8:00 3 Y 1.721 12.4 13.0 5.4 18.4
r..
::A:: !T ) 5 •::Y:: •:•171B 12.4 6.5 21.0 11.6 8.3 12.3 870.0 9.4 :' .
10 3:00 5 Y 1.502 12.0 6.5 24.0 13.7 5.5 18.0 >600 9.4
::11:: 7:Sa 6 ::Y::::1: 66it 11.9 6.5 24.0 2.0 9.5
• 12 7:40 4 Y 1.636 11.8 <1
14 8:00 2 Y 1.236
••:1¢: .....i.,88•:. 2 ::$:; :1;420 11.8 13.6 5.7 15.5
16 7:30 5 Y 1.387 11.3 6.5 21.0 14.3 6.1 9.7 <1 9.7
•::17• 7:46 5 :::t :::: 1630 11.2 6.5 20.0 12.4 5.8 8.6 <1 9.7 •:
18 710 6 Y 1.197 11.0 6.5 24.0 <1 9.8
•.:.14.:. X00 6 :.Y:::.1.190 11.3
20 8:00 3 Y 0.905
::21:: :7:30::::i:: :• :Y::: 1:1$7
22 7:40 5 Y 1.032 11.5 9.0 3A 5.5
::23:: :4:40: 5 •::Y::: i:07$ 11.7 6.5 22.0 11.9 3.5 6.4 >1 9.7
24 8:00 6 Y 1.301 11.6 6.5 20.0 7.9 3.0 8.0 >1 9.8
:45: :7M0: 5 Y•:: 1441 11.9 6.5 22.0 2.0 9.8 ::
26 7:30 4 Y 1.230 11.8
::27:: :8:00: 2 :::Y:::• 1:195
-
26 8:00 2 Y 1.154
::20i:
30
AVERAGE 4.286 1.383 11.8.11 22.0 4.0 5.1 10.8 162 9.6 6.02 0.630 : 0.314 0.000• 18.600 0.000
•:•::M:06-0JM: : :1:9$7 1G'G6•::6:9:::::::::•46:0: c4.3 : 8 , -*.ii : b 98: 6.O2: 06 : : -431 :x000:'l4.OO x000
MINIMUM 0.844 11.0 6.5 20.0 7.9 ~ 3.0 4.7 1.0 9.4 6.02 0.630 0.314 0.000 18.600 0.000
PGC)#( iQf ::c: :: :::::::::o:: ::::: c:`:::::::C::; :::::::::o:: ::9::: :c:: :: C:;

Facility Status:(Please check one of the following)
•
•
All monitoring data and sampling frequencies meet permit requirements
- Compliant •
All monitoring data and sampling frequencies do NOT meet permit requirements U
Noncompliant
If the facility is noncompliant,please comment on corrective actions being taken in respect to equipment,operation,maintenance,etc.;
and a time-table for improvements to be made.
•?-.13-4a O(4 Ct ElaiC
•
__ d y— Iy1,r . _ A
"I certify,under penally of law,that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and evaluate the information submitted..Based on my inquiry
of the person or persons wCo manage the system,or those persons directly responsible for gathering the information,the information
submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for
submitting false information,including the possibility of fines ,1 it know g violations."
f tl
. ar type r
�� - Js.- 1c.)
Sigriatnreaf.Permittee * Doric
- -(amed) •
P,otaxaspgr tivz.,v50S� 576.6 7 3
Permittee Address Phone Number - Permit Fop.Date
PARAMETER CODES
00010 Temperature 00556 Oil&Grease - 00951 Total Fluoride 01067 Nickel ' 50060 Total
00076 Turbidity bidity 00600 Total Nitrogen 01002 Total Arsenic 01077-Silver REsidual
00080 Color(Pt-Co) 00610 Ammonia Nitrogen 01092 Zinc Chlorine
00082 Color(ADM') 00625 Total Kjeldhal 01027 Cadmium 01105 Aluminum
Nitrogen
00095 Conductivity 00630 Nitrates/Nitrites 01032 Hexavalent Chromium 01147 Total Selenium 71880 Formaldehyde
00300 Dissolved Oxygen 01034 Chromium 31616 Fecal Coliform .71900 Mercury
00310 BODS 00665 Total Phosphorous _ 32730 Total Phenolics 81551 Xylene
00340 COD 00720 Cyanide 01037 Total Cobalt 34235 Benzene -
00400 pH 00745 Total Sulfide 01042. Copper 34481 Toluene •
00530 Total Suspended 00927 Total Magnesium 01045 Iron 38260 MBAS
Residue 00929 Total Sodium 01051 Lead 39516 PCBs ' `
00545 Settleable Matter 00940 Total Chloride 01062 Molybdenum 50050 Flow
Parameter Code assistance may obtained by calling the Point Source Compliance/Enforcement Unit at(919)733-5083 or by visiting
the Water Quality Section's web site at ii2o.enr.stat'e.nc.us/wgs and linking to the Unit's information pages.
Use only units designated in the reporting facility's permit for reporting data.
*ORC must visit facilityand document visitation of facility as required per 15A NCAC 80.0204. •
#*If signed by other than the permittee,delegation of.signatory authority must be on file with the state per I.5A NCAC 2B .0506(b)
(2)(D).

ATTACMENT A
0 .
Town of Fairmont
CASE NUMBER:LV-2010-0205
PERMIT:NC0086550 FACILITY:Fairmont Regional WWTP COUNTY: Robeson REGION: Fayetteville
Limit Violations
MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$1,500.00 2-2010 001 Effluent NH3-N-Conc 02/28/10 3 X week mg/I 4 5.05 26.36 Monthly Average Exceeded

JUSTIFICATION FOR REMISSION REQUEST
O DWQ Case Number: LV-2010-0205 County: Robeson
Assessed Party: Town of Fairmont
Permit No. (if applicable): NC0086550 Amount Assessed: $1,635.17
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 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) 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);
O _ (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);
xxx (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:
Please see enclosed letter of explanation.
0

•
• TOWN OF FAI
OFFICE OF THE TOWN MANAGER
POST OFFICE BOX 248,FAIRMONT,NORTH CAROLINA 28340
TELEPHONE: [phone] EXT 11•••••FACSIMILE: 910-628-6025
July 22, 2010
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
The Town is in receipt of DENR Case Nr. LV-2010-0205, viz. Notice of Violation and
assessment of civil penalty in the amount of$1,635.17. This violation and penalty are as
a result of a DMR submitted by the Town of Fairmont for the month of February, 2010.
This letter shall constitute the Town's justification for said violation,and therefore,the
remission from payment of that penalty.
On January 17,2010, Clarifier#1 at the Town's WWTP had a catastrophic failure caused
by the skimmer arm shearing off and falling into the scum scraper. We immediately shut
down the clarifier and diverted influent to clarifier#2;we called Eastern Public Works
• (EPW)out of Mount Olive, and they were there within a few days, and began the repair
work,which took several days because we had to completely drain the clarifier, including
several feet of scum. I am enclosing the bill from EPW for your reference.
After we got the clarifier back into operation, I instructed that clarifier#2 be completely
inspected;therefore,we shut that clarifier down for preventative maintenance,and
diverted influent to the first clarifier. The bill for this maintenance is also included for
your reference.
Because the cause for exceeding our discharge limitations was beyond our control, and
inasmuch as the Town took immediate steps to not only rectify the problem,but to ensure
that it wouldn't occur in our other clarifier,we are requesting your consideration for
remission of the$1,635.17 penalty fee.
Thank you for your consideration. Should you have any questions or require further
information,please do not hesitate to contact me.
Very cordially yours,
H. Blake Proctor,Town Manager

•
• STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Robeson
• Town of Fairmont
IN THE MA•1"1'ER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Fairmont Regional WWTP ) STIPULATION OF FACTS
)
)
)
)
PERMIT NO. NC0086550 ) FILE NO. LV-2010-0205
Having been assessed civil penalties totaling$1,635.17 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated July 7, 2010,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 Quality 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 23 day of July , 2010
• SLL
.17,0•-•
SIGNATURE
`4-
SIGNATURE
ADDRESS
Town of Fairmont
PO Box 248
Fairmont, NC
28340
TELEPHONE
910-628-9766 eat. 11
EIA@ROW[21)
• JUL 262010
DENR-WATER QUALfrf
POINT SOURCE BRANCH

r
•
EASTERN PUBLIC WORKS LLC.
2476 Summerlins Crossroads Road
• Mount Olive,North Carolina 28365
Office: [phone]
Mobile: [phone]
2/2/10 EIN#113830330
INVOICE : TOWN OF FAIRMONT ( WWTP )'
#1 CLARIFIER
1- DEMO DAMAGED FRAMEWORK ON THE SPIRAL SCRAPER
2- REPAIR FEEDWELL SUPPORTS
3- FABRICATE NEW SCUM SCRAPER FRAMEWORK
4- FABRICATE NEW SKIMMER ASSEMBLY
5- INSPECT ALL REMAINING FASTNERS AND ADJUST
CLARIFIER AS NEEDED
6- SEAL UP ALL LEAKS AT UPPER V-NOTCH WEIR
• MISC. TREATMENT PLANT REPAIRS
1- REPLACE BLOWER VALVES IN RAPID MIX BASIN
2- REPLACE ALL BLOWER SUPPLY LINES IN BASIN
3- TROUBLESHOOT AND REPAIR BLOWER DEFUSER IN THE
AERATED INFLUENT CHANNEL.
4- REPAIR AIR RESTRICTION IN AEROBIC DIGESTER# 2
5- REPAIR HAND WHEEL ASSEMBLY AT HEAD WORKS
6- REPAIR HAND WHEEL ASSEMBLY AT AERATION BASIN #2
• ALL ABOVE WORK BASED ON LUMP SUM
TOTAL COST $ 44,350.00
6 ° 7c.7
PAID c ,:1,,tom,`
C ? f
CHECK NO.
• DATE a CODE Na 30'f-A4-/g
AMOUNT rn13.S4

f ZoPV
EASTERN PUBLIC WORKS LLC.
2476 Summerlin Crossroads Road
• Mount Olive,North Carolina 28365
Office: [phone]
Mobile: [phone]
2/11/10 EIN#113830330
INVOICE : TOWN OF FAIRMONT ( WWTP )
# 2 CLARIFIER (PREVENTIVE MAINTINANCE )
DRAIN BASIN- INSPECT AND MAKE ALL NEEDED ADJUSTMENTS
ON SKIMMER/ SCUM ASSEMBLYS. ALSO CHECK THE TORQUE
ON ALL SPIRAL SCRAPER FRAMEWORK AS WELL AS FEEDWELL
SUPPORTS.
( EFFLUENT RETURN PUMPS )
REMOVE # 1 AND # 2 RETURN PUMPS AND REINSTALL NEW
PUMPS.
*ALL ABOVE WORK BASED ON LUMP SUM
TOTAL COST $ 9,350.00
PAID
•
CHECK NO.2 Q�/
DATE 92��
CODE NO. 3U'
3
AMOUNT G.

SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CIVIL PENALTIES
• Case Number: LV-2010-0205 Region: Fayetteville(FRO) County: Robeson
Assessed Entity: Town of Fairmont WWTP Permit No.: NC0086550
Assessment Factors
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
NOT ASSERTED—Not Applicable.
❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
NOT ASSERTED—Not Applicable.
I
(c) Whether the violation was inadvertent or a result of an accident:
ASSERTED by the Permittee
Note: DWQ does not agree,and feels that regular and preventative maintenance required under the
permit could have identified and corrected problems before equipment failures and permit violations
were allowed to impact Waters of the State.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED—Not Applicable.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
NOT ASSERTED—Not Applicable.
DECISION(Check One) Rev.3/2008
Request Denied ❑
• Full Remission ❑ Retain Enforcement Cost? Yes No El
Partial Remission $ 3 O o (Enter Amount)
% 44f
/ 1°-2A)d�
jColeen H.Sullins Date