WQ0033589_LV-2023-015 Remission Request_20230505

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION RE VEST
LV-2023-0115
County: Dare
North Carolina Department of Natural and Cultural Resources
WQ0033589 Amount Assessed: $345.47
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 apply. 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:
RETED
NCDEQ/DWR
?",in -Discharge
-fitting Unit
MAY 0 2 2923
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JENNETTEASP PIER
MS
P.O. Box 1445 • 7223 South Virginia Dare Trail, Nags Head, NC 27959 • [phone]
www.ncaquariums.com
April 26, 2023
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
To whom it may concern:
I am writing to request remission of the civil penalty (case no. LV-2023-0115) for Jennette's Pier (Non -
discharge Permit No. WQ0033589) received on April 24, 2023. I am requesting remission based on the
following two factors:
(b) the violator promptly abated continuing environmental damage; and
(c) the violation was inadvertent or a result of an accident.
On May 1, 2022, Jennette's Pier's ORE retired. In his absence the backup ORC, with little experience working
on our unique system, took over responsibility. During this time, the vacant wastewater operator position was
advertised, candidates were interviewed, and an offer was made to a highly qualified applicant. He declined
due to the salary not being commensurate with the high cost -of -living in Dare County. A second round of
interviews and another job offer was made and once again rejected. This process took 8 months.
During that period, the backup ORC fulfilled his duties to Jennette's Pier to the best of his abilities while
maintaining a separate, full-time career with Dare County. The backup ORC chemically corrected the system
immediately upon discovering the elevated readings and it quickly returned within acceptable limits (b). Not
having a permanent, full-time ORC on staff greatly affected our ability to consistently monitor wastewater
operations (c).
Jennette's Pier maintained communication with Randy Sipe and Robert Tankard about the operational status of
our facility and the struggles we were having filling our vacant ORC position during this time. Thank you for
your consideration in this matter.
Sincerely,
1) pv,��
Michael P. Remige
Director — Jennette's Pier
ASSOCIATION
OF ZOOS �y�r NG pEPFPTI�FNT AQUARIUMS
OF N4TVRl.�ANU
aK�� NLTUPAL PESOUkCES
Department of Natural and Cultural Resources
Roy Cooper, Governor • D. Reid Wilson, Secretary • Maylon L. White, Division Director

STATE OF NORTH CAROLINA
COUNTY OF DARE
DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADNIINISTRATIVE HEARING AND
STIPULATION OF FACTS
North Carolina Department of Natural and Cultural Resources )
Jennette's Pier WWTP )
PERMIT NO. WQ0033589 ) CASE NO. LV-2023-0115
Having been assessed civil penalties totaling $345.47 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 18, 2023, 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 (30) days from the receipt of the
notice of assessment.
This the :2f. day of A,9r 320 __2 3
GNATURE
ADDRESS
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TELEPHONE
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