NC0086801 Remission Request LR-2015-0002

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LR-2015-0002 County: Wayne
Assessed Party: Town Of Mount Olive
Permit No. (if applicable): NC0086801 Amount Assessed: $600
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);
(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);
(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: RECEIVED/DENR/DWR
MAY 1 4 2015
WPermitting g Seter ction
Revised 8/2014

To whom it may concern;
Please accept this request for Remission of Civil Penalties assessed in the letter dated April 2,2015 to
the Town of Mount Olive regarding the Gordon Street WTP DMR(Case No.LR-2015-0002].The
assessment was based on the January 2015 DMR not being submitted in a timely manner after the Town
had received NOVs for failure to submit DMRs in June of 2014 and January 2014.I understand that the
DMR must be submitted within 30 days and regret my failure to meet this deadline for the referenced
events.However, please consider the following factors:
1. The Gordon Street WTP discharges all process/backwash water to the sanitary sewer system of
the Town.There is no direct discharge to waters of the state from Gordon Street WTP.
Therefore,there is no immediate or cumulative environmental damage resulting from the
violation.
2. This lack of discharge is a factor in my forgetting to submit a DMR stating zero flows.Since I am
not recording daily information on the DMR,I have obviously forgotten on occasion to submit
the form.Several factors in my personal life,as well as,employee turnover have also distracted
me from submitting the DMR in a timely manner.
I understand that the State has shown leniency for my prior NOVs and the assessed penalty is much less
than the maximum allowed;however,please consider approving this request for remission of the Civil
Penalty.
Deems Blanton WTP Superviso