HomeMy WebLinkAboutNC0085928_MV-2017-0019 Remission Request_20171121TRUTZSCNLER
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P O BOX 669228 • CHARLOTTE, N C 28266
North Carolina
Environmental Quality
Water Resources
1617 Mail Service Center
Raleigh NC 27699-1617
To Whom It May Concern:
RECGIVEDI #C0EUDWR
NOV 21 2017
,Wates Quallity
Permitting Section
November 16, 2017
We hereby request remission of the $386.29 assessed us for
failure to file the January 2017 Discharge Monitoring Report.
During that month due to unusually low temperatures most of the
water lines in our remediation system froze and burst rendering
it impossible to take samples. As you know the system was
repaired and reports submitted in the following months.
Yours truly,
o
Jn Gug�lmetti
H.R. Manager
12300 MOORE'S CHAPEL ROAD •TELEPHONE,704-399-4521 • FAX 704-399-4525
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
American Truetzschler Inc
Truetzschler remediation site
PERMIT NO. NCO085928
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. MV -2017-0019
Having been assessed civil penalties totaling 386.29 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated October 25, 2017, 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.
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IGNATURE
ADDRESS
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TELEPHONE
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: MV -2017-0019 County: Mecklenburg
Assessed Party: American Truetzschler Inc
Permit No.: NC0085928 Amount Assessed: $386.29
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 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. 143B -282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment f actors 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 preventyou from performing the activities necessary to achieve
compliance).
EXPLANATION: