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
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TELEPHONE .
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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)