NC0000108_LV-2016-0169 Justification for Remission_20160909

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JUSTIFICATION FOR REMISSION REQUEST RECEIVEDINMEWWR
Case Number: LV -2016-0169
Assessed Party: New Excelsior Inc
Permit No.: NC0000108
SEP 0 9 2015
County: Tra�����rr Quality
WF'riiitttf�g Section
Amount Assessed: $562.94
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);
V" (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: /AU,
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF TRANSYLVANIA
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
New Excelsior Inc )
New Excelsior WWTP )
PERMIT NO. NC0000108 ) CASE NO. LV -2016-0169
Having been assessed civil penalties totaling $562.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 29, 2016, 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 1J � , 20Ma
_ YKQiO
SIG URE
ADDRESS
ames & James
Environmental Management, Inc.
P. O. Bcx 519
Mountain Horne Nig -IA758
TELEPHONE
9n - (pl') -00 6 3

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JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
,36
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
L&&,Pv(828) 697-0065 FAX
September 7, 2016
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: New Excelsior Inc WWTP
NPDES Permit No. NC0000108
NOV-LV-2016-0169
Dear Mr. Davidson,
This letter is in response to the above NOV dated August 29, 2016 and received by James & James on or
about September 6, 2016. The violation was for the month of April, 2016.
The NOV was in reference to elevated Total Suspended Solids results. There were three exceedances for
the daily max and a monthly violation. This facility experienced torrential rains causing a significant
increase in the flow to the facility. Much debris and oils were received to the facility. We have determined
that there must be alternate supply from the roof drains and the parking lot to the facility. The facility
struggled to regain compliance. The operator added alum to help settle out the oils and the facility was
pumped. All components of the facility operate properly and the facility runs at its maximum potential for
the waste stream it receives.
The facility regained compliance for the month of May, 2016.
This facility has been running exceptionally well and we would appreciate any consideration of
assessments.
Thank you for your attention to this matter.
With highest regards,
Juanita James