NC0021628_Justification Request_20151001

t' r
l ~! S -
' a. r
r
TOWN ADMINISTRATOR FOWN OF NORWOOD MAYOR
Bryan Bowles Beverly Johnson
TOWN CLERK MAYOR PRO TEM
Virgil Hinson Larry McMahon
TOWN FINANCE OFFICER COMMISSIONERS
Virgil Hinson Robert Allen
Darrell Almond
Stephen Bradley
Linda Campbell
Mr. Jon Risgaard
Environmental Supervisor IV,
WasteWater Branch NCDWR
Dear Mr Risgaard,
I am writing to you in regards to the NOV we received (Case No. I_M-2015-0021) for the Town
of Norwood.
In December of 2014, the driver for the outside lab that we use, inadvertently left the sample
cooler at the Wastewater Treatment Plant and they didn't get delivered to their lab. The
wastewater treatment operator didn't ensure that the driver picked up the coolers. I discussed
this issue with both of them, and they understand the importance of handing off the sample
coolers and maintaining the chain of custody.
I still serve as the ORC, as well as becoming the Town Administrator in July 2015, and worked
at the wastewater treatment plant every day for the past 11 years. In my 11 years at the
treatment plant, There was never a time that the samples didn't get passed on to the sample
driver because of a mistake. Because of that I am asking for the following.
There are 2 items that t am requesting remission for.
1) Failure to monitor BOD $75
2) Failure to monitor TSS $65
1 feel sure that had the samples for the third day that week made it to the lab and tested,
the averages for BOD and TSS would have been brought back down into compliance.
Thank You for your consideration,
Bryan Bowles
Town Administrator
Town of Norwood
P0. Box 697 • 116 South Main Street NurNNood.NC 28128 Phone[phone] • Fax[phone]
E-mail: lkmnoInor\\k1od o G.InoI III&Ir.LAHI,

JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: LM-2015-0021
Assessed Party: Town of Norwood
County: Stanly
Permit Number: NC0021628
Amount Assessed: $533.85
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: (use additional pages as necessary)