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HomeMy WebLinkAboutNC0032174_NOV20150101_20150623 (5) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF RUTHERFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS United World Mission ) United World Mission ) PERMIT NO.NCO032174 ) CASE NO. LV-2015-0101 Having been assessed civil penalties totaling $409.26 for violation(s) as set forth in the assessment document of the Division of Water Resources dated lune 23, 2015, 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. i This the day of ,20 i SIGNATURE # ADDRESS TELEPHONE s { I i i DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT(FILE) Violator: United World Mission/ NCO032174 (February 2015 DMR) County: Rutherford Case Number: LV-2015-0101 8 ASSESSMENT FACTORS As required by G.S.143-214.6A(c),in determining the amount of the penalty I considered the factors set out in G.S.143B-282.1(b),which are: 1) The degree and extent of harm to the natural resources of the State,to the public health,or to private property resulting from the violation; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 2) The duration and gravity of the violation; One Monthly Average Ammonia Nitrogen exceeded the permit limit by 92.5%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations may be detrimental to the receiving stream but may not be immediately quantified. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved would include the cost of excess solids removal and additional aeration. 6) Whether the violation was committed willfully or intentionally, It does not appear to be either. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority;and There have been no civil penalty enforcements in the twelve months prior to this violation. 8) The cost to the State of the enforcement procedures. $159.26. Date G. Landon Davidson,Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office,NCDENR 06123/2015