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Home My WebLink AboutNC0073571_Remission (Justification for Request)_20201020 RECEIVED 0Cr20 2020 JUSTIFICATION FOR REMISSION REQUEST NCDEQ/D{!y'R/npDEs Case Number: LV-2020-0265 County: Guilford Assessed Party: Mervyn R King Permit No.: NC0073571 Amount Assessed: $425.72 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); X (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: As background,the Countryside Manor is a retirement community that serves elderly patients. The elderly patients are in the"at- risk"category as it relates to exposure to COVID-19. As documented during the month of April 2020,we experienced both Average Total Flow and Total Suspended Solids effluent results that exceeded the limits in our permit. The high usage during the month of April,2020 was due to Countryside Manor's initial precautionary measure implemented to protect the residents of Countryside Manor,as part of the COVID-19 pandemic.Specifically,water usage increased as we laundered all the linens in the facility and increased laundering activities. As a result,flow totals in excess of normal flow levels were experienced and contributed to the average flows slightly above the permit limit of 0.015/mgd for the month.The higher flow levels corelate directly to the TSS results experienced at the plant with the higher TSS levels occurring during or after days of recorded high flow.The increase in flow resulted in reduced detention times in the plant,and decreased in settling time in the clarifier. The actions taken by Countryside Manor staff were prudent and logical;however,it is unclear lithe operation of the wastewater facility was included in the decisions regarding increased laundering.As such,we have requested that wastewater operation staff be included in future discussions,so that the impacts on wastewater treatment are considered before making operational modifications at the facilities. We understand the importance of compliance with our permit but considering the global pandemic nature of this event,we felt that extraordinary measures were needed to protect our vulnerable residents. As such,we suggest that this event should be considered under the act of god provisions in the permit. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF GUILFORD IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Mervyn R King ) Countryside Manor WWTP ) PERMIT NO.NC0073571 ) CASE NO. LV-2020-0265 Having been assessed civil penalties totaling$425.72 for violation(s)as set forth in the assessment document of the Division of Water Resources dated September 16,2020,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. !`' 0 �°"— ,20 2° This the �� day of ' �.____ _._ ..._ S ,NATURE P-Ps ADDRESS RECEIVED OCT 2 0 2020 - NCDEQIDWRINPDES TELEPHONE October 6, 2020 Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Subject: Notice of Violation and Assessment of Civil Penalty . For Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) And NPDES WW Permit No. NC0073571. Mervyn R. King Countryside Manor WWTP Case No. LV-2020-0265 Guilford County Mr. Snider, Thank you for allowing Countryside Manor the opportunity to respond to the Notice of Violation and assessment of civil penalty issued September 21,2020. Below we address the following infractions that occurred during the month of April, 2020. As background, the Countryside Manor is a retirement community that serves elderly patients. The elderly patients are in the "at-risk" category as it relates to exposure to COVID-19. As documented during the month of April 2020, we experienced both Average Total Flow and Total Suspended Solids effluent results that exceeded the limits in our permit. The high usage during the month of April, 2020 was due to Countryside Manor's initial precautionary measure implemented to protect the residents of Countryside Manor, as part of the COVID-19 pandemic.Specifically, water usage increased as we laundered all the linens in the facility and increased laundering activities. As a result, flow totals in excess of normal flow levels were experienced and contributed to the average flows slightly above the permit limit of 0.015/mgd for the month. The higher flow levels corelate directly to the TSS results experienced at the plant with the higher TSS levels occurring during or after days of recorded high flow.The increase in flow resulted in reduced detention times in the plant, and decreased in settling time in the clarifier. The actions taken by Countryside Manor staff were prudent and logical; however, it is unclear if the operation of the wastewater facility was included in the decisions regarding increased laundering. As such, we have requested that wastewater operation staff be included in future discussions, so that the impacts on wastewater treatment are considered before making operational erational modifications at the facilities. We understand the importance of compliance with our permit but considering the global pandemic nature of this event, we felt that extraordinary measures were needed to protect our vulnerable residents. As such, we suggest that this event should be considered under the act of god provisions in the permit. It is always the goal of Countryside Manor to remain in compliance with regulations set forth by the Division of Water Resources. It is our request that our cooperation and action in these matters be taken into account by the Division when proceeding with enforcement. Sincerely, Countryside Manor CC: Envirolink-Robert White, ORC Envirolink-Josh Powers, Manager Joel King, Countryside Manor ATTACHMENT A Mervyn R King CASE NUMBER: LV-2020-0265 PERMIT: NC0073571 REGION: Winston-Salem FACILITY: Countryside Manor WWTP COUNTY: Guilford LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 -Effluent Violation Report Unit of Limit Calculated %Over Violation Penalty Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount 4/30/2020 4-2020 Flow,in conduit or thru Weekly mgd 0.02 0.0172 14.7 Monthly $0.00 treatment plant Average Exceeded 4/3/2020 4-2020 Solids,Total Weekly mg/I 45 72 60.0 Daily S100.00 Suspended- Maximum Concentration Exceeded 4/7/2020 4-2020 Solids,Total Weekly mg/I 45 51 13.3 Daily $100.00 Suspended- Maximum Concentration Exceeded 4/17/2020 4-2020 Solids,Total Weekly mg/I 45 50 11.1 Daily $100,00 Suspended- Maximum Concentration Exceeded 4/30/2020 4-2020 Solids,Total Weekly mg/I 30 47 56.7 Monthly $0.00 Suspended- Average Concentration Exceeded l