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HomeMy WebLinkAboutNC0032662_LV20150200, 0204 Request to Remit_20160112 2) You may request the Environmental Management Commission's (EMC's) Committee on Civil Penalty Remissions (the Committee)to make a final decision on your remission request considering your additional oral input, as warranted. If payments do not begin within 30 calendar days from your receipt of this letter, or if you miss an interim payment in violation of the schedule, your current request for remission with supporting documents and the Director's attached recommendation will be delivered to the Committee on Civil Penalty Remissions for final agency decision. If you or your representative would like to speak before the Committee, you must complete and return the attached Request for Oral Presentation Form within thirty(30) calendar days of receipt of this letter(see attached case-specific Requests). Send the completed form to: Ms. Wren Thedford NCDEQ/DWR/WQ Permitting Section 1617 Mail Service Center Raleigh,North Carolina 27699-1617 If you make such request(s), the EMC Chairman will review the supporting documents and your request for an oral presentation. If in his/her judgment the Chairman determines that there is compelling reason to require a presentation, you will be notified as to when and where you should appear. If a presentation is not required, the final decision will be based upon the written record. Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission decision based on the original assessment amount. Therefore, the EMC may choose to uphold the original penalty amount and offer no remissions, they may agree with the DWR Director's remission recommendation detailed above, or the penalty amount may be further remitted. Thank you for your cooperation in this matter. If you have any questions, please contact Derek Denard at derek.denard@ncdenr.gov or call 919-807-6307. Sincer' y, , 22z. John Hennessy, Supervis - Compliance and Expedited Permitting Unit Attachments cc: MRO/Corey Basinger,DWR-WQRO Enforcement File DWQ Central Files • DWR—CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0200 Region: Mooresville County: Catawba Assessed Entity: City of Claremont,North WWTP Permit No.: NC0032662 Assessment Factors ❑ (a)Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (c)Whether the violation was inadvertent or a result of an accident: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (d)Whether the violator had been assessed civil penalties for any previous violations: NOT ASSERTED—Not Applicable. DWR Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The permittee asserts the reason for remission request is that payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts. DWR Notes:Review of the past five years of compliance history indicated the subject facility has a fairly good operation record. No explanation was provided to the Division as to the reason for issues with limits violations at the subject facility. A mitigating factor to consider in support of remission is that the civil penalty will prevent payment for any remaining necessary remedial actions such as long range planning efforts by the City. DECISION(Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? YesNo ❑ Partial Remission 7 $ 5 Q.— (Enter Amount) Z J rey Poupart ' Date DWR—CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0204 Region: Mooresville County: Catawba Assessed Entity: City of Claremont,North WWTP Permit No.: NC0032662 Assessment Factors ❑ (a)Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: NOT ASSERTED—Not Applicable. DWR Notes: n (c)Whether the violation was inadvertent or a result of an accident: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: NOT ASSERTED—Not Applicable. DWR Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The permittee asserts the reason for remission request is that payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts. DWR Notes:Review of the past five years of compliance history indicated the subject facility has a fairly good operation record. No explanation was provided to the Division as to the reason for issues with limits violations at the subject facility. A mitigating factor to consider in support of remission is that the civil penalty will prevent payment for any remaining necessary remedial actions such as long range planning efforts by the City. DECISION(Check One) Request Denied ❑ Full Remission ❑ Retain Enforcement Cost? Yes L No ❑ Partial Remission $ y 0()✓ (Enter Amount) effrey Poupart Date DWR—CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0203 Region: Mooresville County: Catawba Assessed Entity: City of Claremont,McLin Creek WWTP Permit No.: NC0081370 Assessment Factors ❑ (a)Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (c)Whether the violation was inadvertent or a result of an accident: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: NOT ASSERTED—Not Applicable. DWR Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The permittee asserts the reason for remission request is that payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts. DWR Notes:Review of the past five years of compliance history indicated the subject facility has chronic issues in operations and/or design of the McLin Creek WWTP. No explanation was provided to the Division as to the reason for issues with limits violations at the subject facility. The City of Claremont has had more than sufficient time to resolve issues at the McLin Creek WWTP. A mitigating factor to consider in support of remission is that the civil penalty will prevent payment for any remaining necessary remedial actions such as long range planning efforts by the City. DECISION(Check One) Request Denied Full Remission ❑ Retain Enforcement Cost? Yes R No ❑ ^ Partial Remission UG $ J ---- (Enter Amount) X0,( frey Poupart Date DWR—CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0207 Region: Mooresville County: Catawba Assessed Entity: City of Claremont,McLin Creek WWTP Permit No.: NC0081370 Assessment Factors n (a)Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (c)Whether the violation was inadvertent or a result of an accident: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: NOT ASSERTED—Not Applicable. DWR Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The permittee asserts the reason for remission request is that payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts. DWR Notes:Review of the past five years of compliance history indicated the subject facility has chronic issues in operations and/or design of the McLin Creek WWTP. No explanation was provided to the Division as to the reason for issues with limits violations at the subject facility. The City of Claremont has had more than sufficient tune to resolve issues at the McLin Creek WWTP. A mitigating factor to consider in support of remission is that the civil penalty will prevent payment for any remaining necessary remedial actions such as long range planning efforts by the City. DECISION(Check One) Request Denied Full Remission ❑ Retain Enforcement Cost? Yes k No ❑ Partial Remission $ 15-0 o•� (Enter Amount) effrey Poupart Date DWR—CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0210 Region: Mooresville County: Catawba Assessed Entity: City of Claremont,McLin Creek WWTP Permit No.: NC0081370 Assessment Factors ❑ (a)Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: NOT ASSERTED—Not Applicable. DWR Notes: n (c)Whether the violation was inadvertent or a result of an accident: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (d)Whether the violator had been assessed civil penalties for any previous violations: NOT ASSERTED—Not Applicable. DWR Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The permittee asserts the reason for remission request is that payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts. DWR Notes:Review of the past five years of compliance history indicated the subject facility has chronic issues in operations and/or design of the McLin Creek WWTP. No explanation was provided to the Division as to the reason for issues with limits violations at the subject facility. The City of Claremont has had more than sufficient time to resolve issues at the McLin Creek WWTP.A mitigating factor to consider in support of remission is that the civil penalty will prevent payment for any remaining necessary remedial actions such as long range planning efforts by the City. DECISION(Check One) Request Denied ❑ / Full Remission ❑ Retain Enforcement Cost? Yes E No ❑ 0 • Partial Remission $ Al 2 . (Enter Amount) . • frey Poupart // Date • DWR—CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0216 Region: Mooresville County: Catawba Assessed Entity: City of Claremont,McLin Creek WWTP Permit No.: NC0081370 Assessment Factors ❑ (a)Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (c)Whether the violation was inadvertent or a result of an accident: NOT ASSERTED—Not Applicable. DWR Notes: n (d) Whether the violator had been assessed civil penalties for any previous violations: NOT ASSERTED—Not Applicable. DWR Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The permittee asserts the reason for remission request is that payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts. DWR Notes:Review of the past five years of compliance history indicated the subject facility has chronic issues in operations and/or design of the McLin Creek WWTP. No explanation was provided to the Division as to the reason for issues with limits violations at the subject facility. The City of Claremont has had more than sufficient time to resolve issues at the McLin Creek WWTP. A mitigating factor to consider in support of remission is that the civil penalty will prevent payment for any remaining necessary remedial actions such as long range planning efforts by the City. DECISION(Check One) Request Denied Full Remission El Retain Enforcement Cost? Yes E No El Partial Remission �/ $ 3 t -sem` (Enter Amount) ?Trey Poupart Date DWR—CIVIL PENALTY REMISSION FACTORS Case Number: LV-2015-0236 Region: Mooresville County: Catawba Assessed Entity: City of Claremont,McLin Creek WWTP Permit No.: NC0081370 Assessment Factors ❑ (a)Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (c)Whether the violation was inadvertent or a result of an accident: NOT ASSERTED—Not Applicable. DWR Notes: ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: NOT ASSERTED—Not Applicable. DWR Notes: (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: The permittee asserts the reason for remission request is that payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts. DWR Notes:Review of the past five years of compliance history indicated the subject facility has chronic issues in operations and/or design of the McLin Creek WWTP. No explanation was provided to the Division as to the reason for issues with limits violations at the subject facility. The City of Claremont has had more than sufficient time to resolve issues at the McLin Creek WWTP. A mitigating factor to consider in support of remission is that the civil penalty will prevent payment for any remaining necessary remedial actions such as long range planning efforts by the City. _ I DECISION(Check One) Request Denied Full Remission ❑ Retain Enforcement Cost? Yes [1 No ❑ Partial Remission LEJ $ 2 5 0 (Enter Amount) Jeffrey Poupart Date • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA DWR Case Number LV-2015-0200 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION CITY OF CLAREMONT ) NORTH WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of ,20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( ) . STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA DWR Case Number LV-2015-0204 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION CITY OF CLAREMONT ) NORTH WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however, if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert, engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of 20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( ) • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA DWR Case Number LV-2015-0203 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION CITY OF CLAREMONT ) MCLIN CREEK WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.comlethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of 20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( ) • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA DWR Case Number LV-2015-0207 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION CITY OF CLAREMONT ) MCLIN CREEK WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: I)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of ,20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( ) STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA DWR Case Number LV-2015-0210 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION CITY OF CLAREMONT ) MCLIN CREEK WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however, if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2) for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of ,20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( ) • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA DWR Case Number LV-2015-0216 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION CITY OF CLAREMONT ) MCLIN CREEK WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of ,20 SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( ) • STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CATAWBA DWR Case Number LV-2015-0236 IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION CITY OF CLAREMONT ) MCLIN CREEK WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty Remissions in the matter of the case noted above. In making this request,I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request,and because no factual issues are in dispute,my presentation will be limited to five(5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty(30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations, partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a potential violation of the statute concerning the authorized practice of law has occurred. This the day of ,20 . SIGNATURE TITLE(President,Owner,etc.) ADDRESS TELEPHONE( ) 1/43/ y, • • 1893 • CITY OF CLAREMONT Shawn R.Brown Catherine Renbarger Mayor City Manager October 22, 2015 ECEtvED11�r(fi t/f�UU6 t (?C( i 2015 Wastewater Branch IN-AK�,�taaiiiy Division of Water Resources c=°f' 1617 Mail Service Center Raleigh,NC 27699-1617 Dear Mr. Zimmerman and Water Resources Staff, Please find enclosed a request for remission for seven assessments of civil penalty. On Wednesday, October 14, staff from the City of Claremont and the City of Hickory, our contract operator,met to discuss these penalties with staff from the Mooresville Regional Office. After discussing the violations with them, as well as the actions we are taking to address the immediate concerns as well as plan for the long-term future of our system,the City decided to request remission of these payments. The enclosed letter requesting remission addresses case numbers: LV-2015-0203, LV-2015-0207, LV-2015-0210, LV-2015-0216,AND LV-2015-0236,LV-2015- 0200, and LV-2015-0204. If you have any questions, of if I can provide additional information, please let me know. Sincerely, Odhae Catherine Renbarger City Manager, City of Claremont 828-466-7255 City Hall • 828-466-7185 Fax 3288 East Main Street• Post Office Box 446 • Claremont. NC 28610 Vy.t.a-. ti /'�f -`-ak Co -ill 0 • 1893 • CITY OF CLAREMONT Shawn R.Brown Mayor Catherine Renbarger City Manager Wastewater Branch Division of Water Resources ,, 1617 Mail Service Center �1'� '���� =���t� t�ll,�l1E; Raleigh, North Carolina 27699-1617 OC.f ..1)1!) RE: Remission Request for Notice of Violation and Assessment of Civil Penaltyrii ting .3)tit;0it McLin Creek WWTP NC0081370 Case Numbers: LV-2015-0203, LV-20I5-0207, LV-2015-0210, LV-2015-0216,AND LV-2015-0236, North WWTP NC0032662 Case Numbers: LV-2015-0200, AND LV-2015-0204 Dear Mr, Zimmerman, The purpose of this correspondence is to request consideration for remission of fines to the above listed Case Numbers for fines that have been levied against the City of Claremont for their North and McLin Wastewater Treatment Facilities. Those facilities have experienced difficulty over the past year attaining compliance due to a number of facility and flow characteristic difficulties. The City of Claremont remains committed to the successful treatment of wastewater at these facilities and is not amenable to the acceptance of continued violations of the respective NPDES permits. The City of Claremont continues to strive for compliance at the facilities while trying to effectively operate a Publicly Owned Treatment Works. The City of Claremont is requesting remission under provision (e)payment of the civil penalty will prevent payment for the remaining necessary remedial actions. The City of Claremont has received a total of approximately$17,000 in fines for the NPDES Permit exceedances and violations this year. Payment of these fines will result in a sincere hardship for the City of Claremont in a short period and will seriously hinder the ability of the City of Claremont to continue with the long range planning efforts that have begun to determine an effective and reasonable ultimate solution to the treatment of sanitary sewer from the City of Claremont. The City of Claremont recently began to research and study options for the future treatment of sanitary sewer from the City of Claremont. There are a number of options that the City has available, with some solutions being targeted to specific areas and others being overarching solutions for the entire City. This research and analysis will take several months to complete due to the complexity and the potential impacts to the decisions to be made, as well as the potential for regional solutions. 828-466-7255 City Hall •828-466-7185 Fax 3288 East Main Street•Post Office Box 446 • Claremont. NC 2,1610 • This time period may also include negotiations of necessary contracts that may be required for the implementation of the preferred option(s). Completion of this analysis will involve the engagement of an outside engineering and planning firm to evaluate the options and determine the preferred alternate supported by the City of Claremont City Council. This project will involve a substantial investment by the City of Claremont to complete the long range planning necessary to determine the optimum solution for the continued treatment of sanitary sewer service from the City of Claremont. The City of Claremont and the City of Hickory,our contracted plant operators, have worked diligently to determine the problematic constituents and operations and are working hard to correct these issues. The City of Hickory has invested substantial money and resources in the introduction of engineered bacteria to assist with treatment of wastewater and reestablishment of the necessary treatment bacteria colonies. Staff from both entities have commenced and continued Collection System sampling efforts to determine the source of problematic constituents and the source of significant infiltration/inflow. The City of Claremont has pursued numerous projects for eliminating Inflow/Infiltration, root control treatment, and grease/debris removal. The City of Claremont has not delayed or forgone necessary maintenance or expenditures that have resulted in these fines. The City of Claremont and City of Hickory have continued to operate and fund the Publicly Owned Treatment Works at a level sufficient to effectively manage the system and solve the necessary issues.These efforts have made an impact as both plants were in compliance for the months of August and September. The City of Claremont is requesting remission of the fines listed above so that the City may engage a consultant, research options for the ultimate future solution to sanitary sewer service, negotiate necessary agreements for selected preferred solutions and continue the ongoing improvements that have been started. Remission of these fines will greatly assist the City of Claremont financially with continuing this vision for a long-term solution. - Thank you in advance for your continued cooperation and the assistance we have received from the North Carolina Department of Environment and Natural Resources-Mooresville Regional Office. Should you have any questions or desire additional information, please do not hesitate to contact myself or Mr. Kevin B. Greer, PE, DS-A, CS-4 with the City of Hickory as Contract Operators. We look forward to your response. Respectfully Submitted, Mrs. Catherine Renbarger, City Manager City of Claremont PC: Mr. Michael Parker, Regional Supervisor, NCDENR-MRO Mr, Wesley Bell, NCDENR-MRO Mr. Kevin B. Greer, PE, DS-A, CS-4, City of Hickory,Assistant Public Services Director Mr.Shawn Pennell, CS-4;City of Hickory Environmental Manager = f • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CITY OF CLAREMONT ) STIPULATION OF FACTS PERMIT NUMBER NC0032662 ) FILE NO. LV-2015-0200 Having been assessed civil penalties totaling $393.85 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 18,2015, the undersigned, desiring to seek remission of the civil penalties, 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 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 day of 0 HD 6er-- 2015 oCV.—110/11A- 96/14°V BY ADDRESS P o. 8 uce (:1 J (retow\+, (al TELEPHONE Cbz ) JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0200 Assessed Party: City of Claremont County; Catawba Permit Number: NC0032662 Amount Assessed: $393.85 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) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CITY OF CLAREMONT ) STIPULATION OF FACTS PERMIT NUMBER NC0032662 ) FILE NO. LV-2015-0204 Having been assessed civil penalties totaling$1146.97 for violation(s)as set forth in the assessment document of the Division of Water Resources dated June 30,2015, the undersigned, desiring to seek remission of the civil penalties, 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 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 day of OCALO , 2015 41Prlikft/ Y ADDRESS Ce:1 o atr`e m an— — .g , 6 Corermic4-1 lU& 72 /O TELEPHONE ( 19) -7c JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0204 Assessed Party: City of Claremont County: Catawba Permit Number: NC0032662 Amount Assessed: $1146.97 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) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CITY OF CLAREMONT ) STIPULATION OF FACTS PERMIT NUMBER NC0081370 ) FILE NO. LV-2015-0203 Having been assessed civil penalties totaling$896.97 for violation(s)as set forth in the assessment document of the Division of Water Resources dated June 30, 2015,the undersigned, desiring to seek remission of the civil penalties, 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 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. R� This the ZZ day of 001) 1- -At(c , 2015 athA0ANL BY ADDRESS C.1 ore r- it+ 1 RY • L I�� nptitrn f , Z8 10 TELEPHONE ckti � Lf f JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0203 Assessed Party: City of Claremont County: Catawba Permit Number: NC0081370 Amount Assessed: $896.97 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) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CITY OF CLAREMONT ) STIPULATION OF FACTS PERMIT NUMBER NC0081370 ) FILE NO. LV-2015-0207 Having been assessed civil penalties totaling$896.97 for violation(s)as set forth in the assessment document of the Division of Water Resources dated July 22,2015,the undersigned, desiring to seek remission of the civil penalties, 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 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 day of Lit U 2015 A 01 AO-11V BY ADDRESS GOAL LO‘i rtyY\ C(ore,Ifyivi 4) NIL TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0207 Assessed Party: City of Claremont County: Catawba Permit Number: NC0081370 Amount Assessed: $896.97 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) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CITY OF CLAREMONT ) STIPULATION OF FACTS PERMIT NUMBER NC0081370 ) FILE NO. LV-2015-0210 Having been assessed civil penalties totaling$4209.47 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 4,2015,the undersigned, desiring to seek remission of the civil penalties, 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 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. 2:111- This the day of OLS 2015 lid JaL i , --/ BY a ADDRESS Cd) CLwe,Trl C of, iv(Lf 2 9 co 16 TELEPHONE 0324) (k)c - 7a 5c JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0210 Assessed Party: City of Claremont County: Catawba Permit Number: NC0081370 Amount Assessed: $4209.47 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 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; V (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) ' t STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CITY OF CLAREMONT ) STIPULATION OF FACTS PERMIT NUMBER NC0081370 ) FILE NO. LV-2015-0216 Having been assessed civil penalties totaling$2331.35 for violation(s) as set forth in the assessment document of the Division of Water Resources dated August 11, 2015, the undersigned, desiring to seek remission of the civil penalties, 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 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 1 2:16(c day of 01 , , 2015 (SW/Y1,C, .b-0/r-A"/ BY V ADDRESS C� d t- CC�re,rndre( ccl / 13 G I O TELEPHONE b--1=0 LKPIP 21 JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0216 Assessed Party: City of Claremont County: Catawba Permit Number: NC0081370 Amount Assessed: $2331.35 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) STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND CITY OF CLAREMONT ) STIPULATION OF FACTS PERMIT NUMBER NC0081370 ) FILE NO. LV-2015-0236 Having been assessed civil penalties totaling$1396.97 for violation(s)as set forth in the assessment document of the Division of Water Resources dated August 27, 2015,the undersigned, desiring to seek remission of the civil penalties, 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 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 2- day of , 2015 n � BY 1, ADDRESS Cfkl C Lvi () 'L: 66.0 / 0 TELEPHONE . 0-11) JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV-2015-0236 Assessed Party: City of Claremont County: Catawba Permit Number: NC0081370 Amount Assessed: $1396.97 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Ri ht 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 tothe 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)