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HomeMy WebLinkAboutNC0085928_MV-2017-0019 Remission Request_20171121TRUTZSCNLER MW[2[gjU@ M VnU[R42 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. This the day of GUfwcruIQ ha)L.4u" IGNATURE ADDRESS P.0 �3Vx W 72e 20 11 1kct'. tot, -e Cc ZV_2 b G TELEPHONE -20 V 3,11 • S 3 vl 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: