990012_Remission (Justification for Request)_20230712

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0093 County: Yadkin
Assessed Party: Tim A. Smitherman
Permit No.: AWC990012 Amount assessed: $11,881.73
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ofRight to an Administrative Hearing and Stipulation ofFacts"
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. Bylaw [NCGS 133-215.6A(f)]remission of a civil penalty maybe 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) 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 assessmentfactors are
included in the attached penalty matrix and/or 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: