HomeMy WebLinkAboutNC0057720_Remission Request LV-2020-0351_20210106 ex
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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
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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