NC0073571_LV-2020-0265_20201006

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0265 County. Guilford
Assessed Party: Mervyn R King
Permit No.: NCO073571 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. § 14313-282. 1 (c), remission of a civil
penalty maybe 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.I(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 fiiture 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 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 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. NCO073571 ) CASE NO. LV-2020-0265
Having been assessed civil penalties totaling S425.72 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 1,6, 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.
This the r /--e day of 0Cw S "Or , 20 Z0
S ATURE
ADDRESS
TELEPHONE
15I < �

ATTACHMENT A
Mervyn R King
CASE NUMBER: LV-2020-0265
PERMIT: NCO073571
FACILITY: Countryside Manor WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Winston-Salem
COUNTY: Guilford
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
413/2020
4-2020
Solids, Total
Weekly
mg/l
45
72
60.0
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
4/7/2020
4-2020
Solids, Total
Weekly
mg/l
45
51
133
Daily
.5100.00
Suspended-
Maximum
Concentration
Exceeded
4/17/2020
4-2020
Solids, Total
Weekly
mg/l
45
50
11 1
Daily
$100.00
Suspended-
Maximum
Concentration
Exceeded
4f3012020 4-2020 Solids, Total Weekly mg/l 30 47 56.7 Monthly $0.00
Suspended- Average
Concentration Exceeded

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 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