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HomeMy WebLinkAboutNC0057720_Remission Request LV-2020-0351_20210106 ex Arm December 29`h, 2020 JAN - 6 2021 .J Wastewater Branch DIVISION OF WATER RESOURCES Division of Water Resources DIRECTOR'S OFFICE �Y , 1617 Mail Service Center Raleigh, NC 27699-1617 To Whom It May Concern SUBJECT: Justification for remission request— Case # LV-2020-0351 Enclosed please find the above request together with an email from our plant manager, Jon Southern to Mr. Lowe explaining the reasons for your consideration. Should you have any questions to the explanation, please kindly contact our plant manager, Jon on his cell @ 336-978-9658 or email — jmsouthern27@gmail.com. Thank you so much for your time and consideration in this matter. Looking forward to hearing favorably from you soon. Respectfully, we remain. Gimi li'oore APEX BANK Commercial Lending Department Admin 430 Montbrook Lane, Suite 207 Knoxville, TN 37919 2705 Direct Line (865) 531-4170 Email emily.moore@apexbank.com /Encl: Member (888) 8MY-APEX FDIC www.ApexBank.com Ea LENDER JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2020-0351 County: Stokes Assessed Party: Apex Bank Permit No.: NC0057720 Amount Assessed: $500.00 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: P WVSG see niiiikiceb 9E040(1 A" f STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF STOKES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Apex Bank ) Hidden Lakes Village Mobile Home Park WWTP ) ) PERMIT NO.NC0057720 ) CASE NO. LV-2020-0351 Having been assessed civil penalties totaling$500.00 for violation(s)as set forth in the assessment document of the Division of Water Resources dated,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 o2q TH day of >ECk IA6 , 20 0.O Mitt' �v Cris � SI ATURE vp . ADDRESS RECEIVED 14220 1.1.00t3k_O-OL e JAN 0 6 2021 7 Dto1 NCDEQ/DWR/NPDES JO XV'l(,U'L fN 31161Iq TELEPHONE 8b�= , 4-1(o Emily.Moore UgUT A From: Lowe, Alexander(alex.lowe@ncdenr.gov) <alex.lowe@ncdenr.gov> Sent: Monday, December 21, 2020 10:22 AM To: Jon Southern Cc: Emily Moore Subject: [External]Re: [External] Hidden Lakes WWTP, case LV-2020-0351 CAUTION: This email originated from outside of Apex Bank. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jon, Thank you for your response. I will be sure to enter this into the file for review by my supervisors, and will be in touch when any more information comes my way. Best regards, Alex Lowe Get Outlook for iOS From:Jon Southern <jmsouthern27@gmail.com> Sent: Sunday, December 20, 2020 11:25:02 PM To: Lowe, Alexander<alex.lowe@ncdenr.gov> Cc: Emily Moore <emily.moore@apexbank.com> Subject: [External] Hidden Lakes WWTP, case LV-2020-0351 CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Good morning Alex, I'm responding to violation of Hidden Lakes WWTP,case LV-2020-035 I. The particular violation was for BOD. daily, and monthly. August 27th when the daily violation took place. The month before on the very last sample of month we had a very high BOD, when discussing with lab, it was determined high BOD was due to chemical dump,a COD was ran on sample which proved it was due to some type of chemical that was not identified. The very last sample of August the same thing appeared to happen again. Even though much attention on my part(and owners)are focussed on the compliance of plant its very difficult to monitor everyone that's a resident in park, In talking with deputy sheriff concerning activity in park I was advised that there had been drug issues in park in the past, I had a concern of a meth lab being operated(however I can't prove). I'm not sure if you were aware that several months ago we had a robbery at wastewater plant, Blower motor, flow meter, mower, pump, and other equipment was stolen. I made NCDENR and Stokes County Sheriff Department aware of incident. Apex Bank has gone to great expense in replacing equipment to keep plant operating. I would like to request a reduced fine for this violation. Please give me a call if you have any questions. Thanks Alex for your time. Sincerely, Jon Southern 1 ATTACHMENT A Apex Bank CASE NUMBER: LV-2020-0351 PERMIT: NC0057720 REGION: Winston-Salem FACILITY: Hidden Lakes Village Mobile Home Park WWTP COUNTY: Stokes 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 8/27/2020 8-2020 BOD, 5-Day(20 Deg. Weekly mg/I 33 73 121.2 Daily $200.00 C)-Concentration Maximum Exceeded 8/31/2020 8-2020 BOD, 5-Day(20 Deg. Weekly mg/I 22 26.38 19.9 Monthly $300.00 C)-Concentration Average Exceeded RECEIVED JAN 0 7 2021 NCDEQ/DWR/NPDES