case background and assessment remission request - Amazon Web ...
AGENDA ITEM: 15-04 REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT DWM/UST Case Number: UST# 13-061P Region: N/A
County: Haywood
Assessed Entity: Cynthia Gregory
CASE BACKGROUND AND ASSESSMENT
07/10/12
08/17/12 04/08/13 10/22/13
12/06/13
DWM/UST conducted a compliance inspection at Harley Creek General Store LLC. This inspection revealed that interstitial leak detection monitoring was not being conducted correctly for three USTs and associated pressurized piping and records demonstrating compliance with leak detection requirements were not maintained. DWM/UST issued a Notice of Violation. DWM/UST issued a Notice of Recommendation for Enforcement Action. Cynthia Gregory was assessed a civil penalty of $6,296.98 ($5,600.00 civil penalty and $696.98 investigative costs) as follows: $2,800.00 for violation of 15A NCAC 2N .0502 and .0506 by failing to comply with interstitial leak detection monitoring requirements for three USTs; $2,800.00 for violation of 15A NCAC 2N .0502 and .0506 by failing to comply with interstitial leak detection monitoring requirements for two associated piping systems. Haywood County Sheriff’s Return of Service indicated delivery of the civil penalty assessment.
REMISSION REQUEST
12/31/13 01/13/14
01/14/14
01/16/14
07/08/14
07/15/14 02/23/15
03/02/15
Cynthia Gregory requested remission of the civil penalty assessment. DWM/UST issued Cynthia Gregory a Non-Issuance of Annual Operating Permit letter via certified mail. DWM/UST received the request for remission from Cynthia Gregory. The request included a “Waiver of Right to an Administrative Hearing and Stipulation of Facts” and a “Justification for Remission Request”. Green card indicated delivery of the non-issuance of annual operating permit letter. The Director of DWM/UST considered the information contained in the remission request and granted a reduction of the penalty to $3,696.98 because the violations for which the penalty was assessed had been resolved. Green card indicated delivery of the remission decision. DWM/UST requested financial data to support Cynthia Gregory’s claim that she does not have the financial resources to complete the required remedial actions necessary to achieve compliance at the site. Green card indicated delivery of the financial data request.
REQUEST FOR ORAL PRESENTATION
Cynthia Gregory did not request an oral presentation before the Environmental Management Commission’s Committee on Civil Penalty Remissions.
Cynthia Gregory has not been assessed a civil penalty for previous violations.
DWM/UST RECOMMENDATION
DWM/UST recommends that the reduced civil penalty assessment in the amount of $3,696.98 be upheld.
County: Haywood
Assessed Entity: Cynthia Gregory
CASE BACKGROUND AND ASSESSMENT
07/10/12
08/17/12 04/08/13 10/22/13
12/06/13
DWM/UST conducted a compliance inspection at Harley Creek General Store LLC. This inspection revealed that interstitial leak detection monitoring was not being conducted correctly for three USTs and associated pressurized piping and records demonstrating compliance with leak detection requirements were not maintained. DWM/UST issued a Notice of Violation. DWM/UST issued a Notice of Recommendation for Enforcement Action. Cynthia Gregory was assessed a civil penalty of $6,296.98 ($5,600.00 civil penalty and $696.98 investigative costs) as follows: $2,800.00 for violation of 15A NCAC 2N .0502 and .0506 by failing to comply with interstitial leak detection monitoring requirements for three USTs; $2,800.00 for violation of 15A NCAC 2N .0502 and .0506 by failing to comply with interstitial leak detection monitoring requirements for two associated piping systems. Haywood County Sheriff’s Return of Service indicated delivery of the civil penalty assessment.
REMISSION REQUEST
12/31/13 01/13/14
01/14/14
01/16/14
07/08/14
07/15/14 02/23/15
03/02/15
Cynthia Gregory requested remission of the civil penalty assessment. DWM/UST issued Cynthia Gregory a Non-Issuance of Annual Operating Permit letter via certified mail. DWM/UST received the request for remission from Cynthia Gregory. The request included a “Waiver of Right to an Administrative Hearing and Stipulation of Facts” and a “Justification for Remission Request”. Green card indicated delivery of the non-issuance of annual operating permit letter. The Director of DWM/UST considered the information contained in the remission request and granted a reduction of the penalty to $3,696.98 because the violations for which the penalty was assessed had been resolved. Green card indicated delivery of the remission decision. DWM/UST requested financial data to support Cynthia Gregory’s claim that she does not have the financial resources to complete the required remedial actions necessary to achieve compliance at the site. Green card indicated delivery of the financial data request.
REQUEST FOR ORAL PRESENTATION
Cynthia Gregory did not request an oral presentation before the Environmental Management Commission’s Committee on Civil Penalty Remissions.
Cynthia Gregory has not been assessed a civil penalty for previous violations.
DWM/UST RECOMMENDATION
DWM/UST recommends that the reduced civil penalty assessment in the amount of $3,696.98 be upheld.
