NC0034711_LV20160148 Justification for Remission Request_20160913

JUSTIFICATION FOR RFMISSION REQUEST
Case Number: LV -2016-0148 County: Cabarrus
Assessed Party: Athena Cedar LLC
Permit No.: NCO034711 Amount Assessed: $350.53
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.I(c), remission of a civil
penalty maybe granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(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);
x (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidahle 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:
Review of facility log book and EDIVv1R show multiple heavy rainfall events during December 2015. The
weeks of 12/6/15 and 12/13/16 were particularly rainy with daily flows of :
074 mgd on the 6th
062 mgd on the 10th
069 mgd on the 12th
094 mgd on the 14th
069 mgd on the 15th
When these daily flows were averaged, the result was a non-compliant monthly average effluent flow
of .038 mgd, slightly exceeding the permitted monthly average of .030 mgd. In so much and considering,
the additional flow was unavoidable and could not be prevented or otherwise prepared for and that we
maintained compliance with BOD, TSS, Ammonia Nitrogen and fecal coliform during this unusually "wet"
period, we respectfully request remission from LV -2016-0148.

._V
STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Athena Cedar LLC
Cedar Park Estates WWTP
PERMIT NO. NCO03471 I
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0148
Having been assessed civil penalties totaling $350.53 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 1. 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the 2 day of September 20 16
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SI NATURE
ADDRESS
Metwater, Inc.
1000 Woodhurst Drive
Monroe NC 28110
(facilty operator for Cedar Park MHP)
TELEPHONE
704.506.4255