NC0088684_LV-2020-0258 Justification for Remission Request_20201016

JUSTIFICATION FOR REMISSION REQUEST RECEIVED
OCT 1 6 2020
Case Number: LV-2020-0258 County: Gaston NCDEQ/DWRINPDES
Assessed Party: Daniel Jonathan Stowe Conservancy
Permit No.: NC0088684 Amount Assessed: $362.70
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 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);
(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 prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Daniel Jonathan Stowe Conservancy )
Daniel Stowe Botanical Garden WTP )
)
PERMIT NO.NC0088684 ) CASE NO. LV-2020-0258
Having been assessed civil penalties totaling$362.70 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated September 10,2020,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.
44
This the /3 day of , 20 a7.7
RECEIVED TURF
OCT 1 6 2020
ADDRESS
NCDEQ/DWR/1;PDES 6'500 Sou it /Vetope /e0a4
�e�ivldnf� #C 640/a,
TELEPHONE
(76y) P'7 -/q5D

(Jjj Daniel Stowe Botanical Garden
October13, 2020 A Garden for all Seasons!
Wastewater Branch
Division of Water Resources
1617 Main Service Center
Raleigh, North Carolina 27699-1617
Re: Request for Remission
Daniel Jonathan Stowe Conservancy
Permit No. NC0088684
Case No.LV-2020-0258
Gaston County
Dear Sir or Madam:
We received a Notice of Violation and Assessment of Civil Penalty on September 17,2020, detailing a
civil penalty for discharge of waste waterviolation exceeding permit daily maximum for total dissolved
solids(TDS).We are responding within the allowed 30 days from receipt of letter.Respectfully we
submit this Justification for Remission Request based on the following:
(b)The violator promptly abated continuing environmental damage resulting from the violation:
In April, reports started showing daily maximum for TDS exceeded and continued
through August.
Month/Date TDS
March 158
April 804
May 868
June 644
July 14 778
July 22 804
August System Down for Maintenance
September 22(non- 356
compliant TDS sample)
System was checked and no issues found in preliminary findings.Due to continued
elevated TDS levels,the system was eventually shut down pending a more extensive
systems check.
In July,contracted Hydro Services&Supplies,Inc.(Hydro)engineerservices were
retained to devise a scope of work and provide associated costs to get the Reverse
Osmosis(RO)system running properly,efficiently,and within an effluent that is in
compliance with State permit requirements.
6500 S.New Hope Rd.
Belmont,NC 28012
704.825.4490
Hdianthus schtuemstrir 704.829.1240(fax)
Fedengy endangered spend,protected at the Garden
Recycled Paper www.DSBG.org

In August,received a report and quote for replacement of the RO control board,feed
water solenoid valve,and low pressure switch. Repairs were completed on or about
September 16and a non-compliance TDS sample was taken on September 22.Results of
the non-compliance test showed aTDS of 356, well within the required permit levels.
Attached please find copies of the workup and quote by Hydro dated 08/07/20, as well as a copy of
K&W Laboratories'Results Report for non-compliance TDS sample on 09/22/20.
If more information is needed forthis request,please fee Wee to contact me at(704) 829-1250 or
[e-mail].
Sincerely,
Jim Hoffman
Interim Executive Director

K & W Laboratories
1121 Hwy 24/27 W Results Report
`
....._____74 Midland,North Carolina 28107
Tel [phone] Fax [phone]
Client: Daniel Stowe Botanical Gardens Date: 01-Oct-20
6500 S New Hope Rd Order ID: 20092233
Belmont,NC 28012
Project: R.O. Waste Water Discharge Collect Date: 9/22/2020
Location: Effluent Collect Time: 12:19:00 PM
REPORTING ANALYSIS
SAMPLE# PARAMETER RESULT UNITS METHOD LIMIT DATE
20092233-01 TDS 356 mg/L SM2540C 10 9/24/2020
NC Certification: 559 SC Certification: 99051
Certified By Knosra,
G. Kraska/Lab Director

Page: 1 / 1
Date: August 7, 2020
•av1 _ QUOTATION Quotation #220S06-0
am ■�•
"VOL Apo..
To: From:
Attn: Jeffrey Wuilliez Hydro Service & Supplies. Inc.
Daniel Stowe Botanical Garden Tony Dimino
6500 South New Hope Road 513 United Drive
Belmont, NC 28012 Durham, NC 27713
704-829-1282 919-544-3744
REFERENCE TERMS FREIGHT DELIVERY
jlw NET 30 Prepaid 2 Weeks
EQUIPMENT PART # QTY PRICE PER EXTENSION
Hydro shall provide one(1)replacement RO Controller and
feed water solenoid valve for the existing Mario MRO-3600-
4-LP.
Replacement Parts
Valve Solenoid NC 3/4" Mario 68176 1 ea
Feedwater Low Pressure Switch, 10E-10 99971-1 1 ea
Circuit Board for S100 Controller 99971-2 1 ea
Labor
Installation Labor 04991 1 Is
Notes:
- Sales Tax is not included with this quotation.
- Freight is included.
- Installation and Start-Up labor is included.
SIGNATURE FREIGHT SUBTOTAL TOTAL
$25.00 $ 2,061 .00 $ 2,086.00