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AGENDA ITEM: __________

REQUEST FOR REMISSION OF CIVIL PENALTY ASSESSMENT

DWQ Case Number: LV-2011-0010 Region: Asheville County: Henderson

Assessed Entity: Mr. D. Nathan Benson / Benson Apartments WWTP

CASE BACKGROUND AND ASSESSMENT

Jan 12, 2011 Nathan Benson / Benson Apartments was assessed a civil penalty of

$267.00 ($200.00 civil penalty and $67.00 investigative costs):

$200.00 for one of two violations of the permitted daily maximum

effluent limitation for TSS in August 2010.

Jan 30, 2011 Green card indicated delivery of the assessment document.

REMISSION REQUEST

Feb 12, 2011 Remission request signed.

Feb 16, 2011 Remission request received

July 25, 2011 The Director of DWQ considered the information contained in the

remission request and did not find grounds to modify the civil penalty

assessment.

August 9, 2011 Green card indicated delivery of the remission decision document.

REQUEST FOR ORAL PRESENTATION

Benson Apartments have not requested an oral presentation before the Environmental

Management Commission’s Committee on Civil Penalty Remissions.

Benson Apartments have been assessed civil penalties for previous violations.

DWQ RECOMMENDATION

The Division of Water Quality opposes any remission or mitigation of the penalty and

recommends that the Director’s decision be upheld.

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