NC0059536_Remission Request (LV-2022-0062)_20220309

Plemmons Enterprises, Inc t/a
Hilltop Living Center
1025 Lamb Rd �/t�pECEI `ED
Lexington, NC 27295
MAR 0 9 2022
Wastewater Branch
Division of Water Resources NCDEQIDWRINPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
3/4/2022
Ref: Remission Request for Permit No NC0059536
Violation penalty month August 2021
Violation penalty month September 2021
Explanation for both months
The violations were a result of actions beyond my control.And
Payment of the civil penalty will prevent payment for the remaining necessary remedial actions
The pump vendor lost a cdl driver and was not able to pump tanks since April 2021 I was finally able to get a new vendor
to pump tanks October 2021
The system needed some repairs, and the new operator was learning the system and communication between the
repair vendor and operator were mis communicated.The repair vendor had a delay in receiving parts.
The lab used delays communication
I had my previous operator for about 20 years and I did not have to handle the things I am handling now and so I have
had to learn new things in regard to the system with the new operator.
I was able to pay the previous penalties because the company had the money to pay, but Hilltop is an assisted living and
the fines are now causing a financial hardship. In 2021 we had Covid outbreaks in January, Feb, March also in November,
December,January 2022. We gave increases and bonuses to try to retain staff in 2020 and still are having problems with
staffing. We will need to increase wages across the board this month.The cost of living for our staff has increased and
our food cost at Hilltop has become enormous. Hilltop is losing a management company and has had to make office
space to bring clerical work back onsite. Money was allocated for the move but with the rise in cost, the project is going
over budget as I write this letter.
I am a third-generation operator of this facility. My father passed in June of 2019 then Covid hit and having to learn this
waste treatment plant has been emotional and then to be completely overwhelmed with the fines that are only a
punishment and do not help me towards fixing the problems puts the facility in financial jeopardy. We are licensed for
65 beds and serve about 55 residents on average. Hilltop is fully Medicaid for the poor and those that don't qualify for
Medicaid are paying a reduced private pay than average cost. Please allow these fines to be remised. The plant repairs
and pumping was completed October 2021 and my operator and I met with the state representatives onsite to discuss
the obstacles Hilltop and the new operator has faced. I have had emergency pumping because of a clog in the line, a
water leak in the building, the meter calibration cost then the meter had to be replaced because of a needed repair. I
expect the numbers to be more in line if not completely corrected. I continue to work with the operator and the state
representatives for continued compliance.
Respectfully,Tisha Tuttle President of Plemmons Enterprises, Inc t/a Hilltop Living Center
336-239-6746 mobile [phone] ext 26
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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0062 County: Davidson
Assessed Party: Tisha T Tuttle
Permit No.: NC0059536 Amount Assessed: $2,503.80
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;
i (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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DAVIDSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Tisha T Tuttle )
Hilltop Living Center WWTP )
)
PERMIT NO.NC0059536 ) CASE NO. LV-2022-0062
Having been assessed civil penalties totaling$2,503.80 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated February 18, 2022,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 day of Ct/1C , 20 a
SIGNATURE
RECEIVED ADDRESS nn ''
RECEIVED 0 9 2022 /04)- �-,.o,�►-L /d
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NCDEQ1DIVRINPDES
TELEPHONE
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_ 1
ATTACHMENT A
Tisha T Tuttle
CASE NUMBER: LV-2022-0062
PERMIT: NC0059536 REGION: Winston-Salem
FACILITY: Hilltop Living Center WWTP COUNTY: Davidson
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
9/15/2021 9-2021 BOD, 5-Day(20 Deg. 2 X month mg/I 7.50 22.1 194.7 Daily $225.00
C)-Concentration Maximum
Exceeded
9/29/2021 9-2021 BOD, 5-Day(20 Deg. 2 X month mg/I 7.50 41.2 449.3 Daily $225.00
C)-Concentration Maximum
Exceeded
9/30/2021 9-2021 BOD, 5-Day(20 Deg. 2 X month mg/I 5 31.65 533.0 Monthly $450.00
C)-Concentration Average
Exceeded
9/29/2021 9-2021 Coliform, Fecal MF, 2 X month #/100m1 400 2,420 505.0 Daily $225.00
MFC Broth, 44.5 C Maximum
Exceeded
9/15/2021 9-2021 Nitrogen, Ammonia 2 X month mg/I 10 21.6 116.0 Daily $262.50
Total (as N)- Maximum
Concentration Exceeded
9/29/2021 9-2021 Nitrogen, Ammonia 2 X month mg/I 10 24.3 143.0 Daily $262.50
Total (as N)- Maximum
Concentration Exceeded
9/30/2021 9-2021 Nitrogen, Ammonia 2 X month mg/I 2 22.95 1,047.5 Monthly $600.00
Total(as N)- Average
Concentration Exceeded
9/29/2021 9-2021 Surfactants (MBAS) 2 X month ug/I 750 1,260 68.0 Daily $150.00
Maximum
Exceeded
REPORTING VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Upstream
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
9/30/2021 9-2021 Temperature,Water Weekly deg c Sampling $0.00
Deg. Centigrade Location
Missing

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0061 County: Davidson
Assessed Party: Tisha T Tuttle
Permit No.: NC0059536 Amount Assessed: $1,885.05
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);
I (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); 1
(d) the violator had not been assessed civil penalties for any previous violations;
j (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: