NC0079481_LV-2015-0003 Remission Request_20150131

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If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at(828)296-4667 or via email [e-mail].
Sincerely, - '
+ for Thomas A.Reeder,Director k
` Division of Water Resources,NCDENR
By G.Landon Davidson, Regional Supervisor
r ,�� rm !: ; ' ►;" , • .- Water Quality Regional Operations Section t'
�� * ! t �• 4 +' Asheville Regional Office .
Division of Water Resources,NCDENR
ATTACHMENTS
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Cc: WQS Asheville Regional Office-Enforcement File (w/attachments) =;!i
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files,Water Quality Section _, (w/attachments)
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,JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0003 County: McDowell
Assessed Party: Dennis J Whitson
Permit No.: NCO079481 Amount Assessed: $409.26
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 ,R 4
compliance).
�.' EXPLANATION:
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