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NC0032662_LV20150200 Remission Request_20151030
North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 30, 2015 Ms. Catherine Renbarger, City Manager City of Claremont P.O. Box 446 Claremont, NC 28610 Subject: Remission Request of Civil Penalty Assessment North WWTP NPDES Permit NCO032662 Case Numbers LV -2015-0200, LV -2015-0204 McLin Creek WWTP NPDES Permit NCO081370 Case Numbers LV -2015-0203, LV -2015-0207, LV -2015-0210, LV -2015-0216, LV -2015-0236 Catawba County Dear Ms. Renbarger: This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility. Your request will be scheduled for review by the Director and you will be notified of the result. If you have any questions about this matter, please contact me at (919) 807-6307 or via e-mail at derek.denard@ncdenr.gov. Sincerely, Derek C. Denard, Environmental Specialist Compliance & Expedited Permitting Unit Division of Water Resources cc: Enforcement File w/originals [NPID'ES"Pragirain�Files;�NC0032�6>2 _; :` NPDES Program Files NCO081370 Central Files w/attachments NCO032662 Central Files w/attachments NCO081370 Mooresville Regional Office w/attachments 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 Vritemet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper CITY OF CLAREMONT Shawn R. Brown Mayor October 22, 2015 Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Dear Mr. Zimmerman and Water Resources Staff, Catherine Renbarger City Manager RE t EWF-.r)IDENRI0VVR vv�jigq (-�LiO�Uv 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, 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 CITY OF CLAREMONT Shawn R. Brown Mayor Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Catherine Renbarger City Manager �E-C17IV 0(I I z? U RE: Remission Request for Notice of Violation and Assessment of Civil Penhl y jj,,{,'k McLin Creek WWTP NCO081370 Case Numbers: LV -2015-0203, LV -2015-0207, LV -2015-0210, LV -2015-0216, AND LV -2015-0236, North WWTP NCO032662 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 28610 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, b1.�. U��� Z� 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 STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF CLAREMONT PERMIT NUMBER NCO032662 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV -2015-0200 Having been assessed civil penalties totaling $393.85 f6r 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 © ��1r _,2015 BY ADDRESS CIa rern� TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV -2015-0200 Assessed Party: City of Claremont County: Catawba Permit Number: NCO032662 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) ccurrences); (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; AZ (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: (arse additional pages as necessary) STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF CLAREMONT PERMIT NUMBER NC0032662 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 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 Z 2 day of 2015 IN kV BY ADDRESS oCZam 6n+ T11 fV Z oID TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: LV -2015-0204 Assessed Party: City of Claremont County: Catawba Permit Number: NCO032662 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 fitture 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: (arse additional pages as necessary) STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTY AGAINST ) CITY OF CLAREMONT ) PERMIT NUMBER NC0081370 ) DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 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. This the day of �Ci1r , 2015 BY C 0 H, Rio 11 TELEPHONE 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 fitture occurrences),- (c) ccurrences);(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) STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF CLAREMONT PERMIT NUMBER NCO081370 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 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 ( 52015 BY ADDRESS (0, -(r'yy� TELEPHONE (.� 0) LA�& I ') -) I E 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 Rizht 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 fitture occurrences),- (c) ccurrences); (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) STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF CLAREMONT PERMIT NUMBER NCO081370 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 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. This the �,yjday of O(h b-eT , 2015 BY ADDRESS I � c rrt__Ll�t- IV&- 2 � 0 v TELEPHONE (�L� ) r �) ss- JUSTIFICATION FOR REMISSION REQUEST DV -/R 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) nne or more of the civil penalty assessment factors in N.C.G.S. 143E -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 yoat took to correct the violation and prevent fitture 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) STATE OF NORTH CAROLINA COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF CLAREMONT PERMIT NUMBER NCO081370 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 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 Z c day of l )(/ (;)-2 rG2t� I , 2015 V-0,0 BY ADDRESS ddzd� Vo n TAp TELEPHONE 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) ccurrences); (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 foi); (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 COUNTY OF CATAWBA IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF CLAREMONT PERMIT NUMBER NCO081370 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS 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 G- 2 r1 d day of �dt) 6:�-z , 2015 BY ADDRESS f C 6fern � TELEPHONE ( � V(P c - -)2—s 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, GYaiver 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 pplied 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) ccurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain tivhy 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 hovv payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). I EXPLANATION: (use additional pages as necessary)