NC0059536_LV-2022-0062 Remission (Decision)_20220628

DocuSign Envelope ID: CF7FEC7F-8713-47CB-B7C0-43BFAFBBFD65
SfAr,
ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICNARD E. ROGERS, JR.
Director
NORTH CAI -OUNA
biwtrdnmentaJ Qualrty
6/23/2022
CERTIFIED MAIL # 7019-1120-0001-4877-5645
Tisha T. Tuttle, Owner
Hilltop Living Center
1025 Lamb Rd
Lexington, NC 2729
Subject: Partial Remission Civil Penalties for Case # LV-2022-0062
Hilltop Living Center WWTP, WPCS Grade-2
NPDES Permit NCO059536
212 Plemmons Drive, Linwood
Davidson County
Ms. Tuttle:
The Division of Water Resources (DWR or the Division) has considered your information submitted in support
of your request to remit civil penalties in the subject case totaling $$2,503.80 ($2,400.00 plus $103.80
enforcement costs). In accordance with NCGS 143-215.6A(f), DWR has decided to remit 50% of the initial
penalties, retaining enforcement costs (see attached Remissions Summary).
If you choose to pay the reduced penalties, the Hilltop Living Center (Hilltop) should send payment to the
address provided below. Be sure to include the above case number on your check. Please make your check
payable to NCDEQ.
Your reduced payment of $1,355.70 must be submitted within thirty (30) days of this letter in accordance with
NCGS § 143-215.6A (f). If not received, your request for penalty remission (with its supporting documents),
together with DWR's recommendations will be delivered to the North Carolina Environmental Management
Commission's (EMC's) Committee on Civil Penalty Remissions (the Committee) for final agency decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets one or
more of the five statutory factors (see your original civil penalty assessment (CPA), you must complete and
return the enclosed form within thirty (30) days of receipt of this letter. Please mail your completed form to:
Wren Thedford/ Bob Sledge
Permitting and Compliance
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman and, if
he/she determines that there is a compelling reason to require an oral presentation by you, the Commission will
notify you by certified mail of the date, time, and place for your oral presentation. Otherwise, the final decision
on your request for remission will be made by the Committee based on the written record.

DocuSign Envelope ID: CF7FEC7F-8713-47CB-B7C0-43BFAFBBFD65
Thank you for your continued cooperation in this matter. If you have questions about this transmittal, please
contact my staff member, Joe R. Corporon, P.G. [e-mail]].
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
for Richard E. Rogers, Jr, Director
Enclosed/attached:
• Requests for Oral Presentation form
• Civil Penalty Remission Review Summary — signed, Case Number LV-2020-0062
• Remission Factors form
ec: Enforcement File Case Number LV-2020-0062
Winston - Salem Regional Office (WSRO)
Laserfiche

DocuSign Envelope ID: CF7FEC7F-8713-47CB-B7C0-43BFAFBBFD65
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIDSON
) DEQ Case Number LV-2020-0062
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Tisha T. Tuttle, Owner )
Hilltop Living Center, WWTP )
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert
that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a committee
meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If
you or your representative would like to speak before the Committee, you must complete and return this
form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects
how you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion
2006-1 and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the
Committee, then you do not need legal representation before the Committee; however, if you intend on having another
individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must
also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request
form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for
corporations, partnerships, and municipalities, signed by individuals who would not violate the State Bar's Opinion on the
unauthorized practice of law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the
day of , 20
SIGNATURE
Printed with TITLE (President, Owner, etc.)
ADDRESS TELEPHONE

DocuSign Envelope ID: CF7FEC7F-8713-47CB-B7C0-43BFAFBBFD65
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS — Summary and Signature
Case Number: LV-2022-0062 Region: Winston-Salem County: Davidson
Assessed Entity: Tisha T. Tuttle Permit: NC0059536
Facility: Hilltop Living Center WWTP
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Not Asserted:
X (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee Asserts: After April 2021, the pump vendor lost his CDL driver and was not able to pump
tanks. I finally secured a new vendor who pumped the tanks in October 2021.
DWR Response: The permittee has communicated these problems with the Regional Office.
X (c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts [paraphrased by DWR]: My previous operator of 20 years handled things poorly
for months and had to be replaced. I am now learning operations myself and breaking in a new
operator. Because my new operator was unfamiliar with the system, he mis-communicated our needed
repairs to the repair vendor. Subsequently, the vendor suffered delays receiving parts [likely COVID-
related]. The lab also communicated its delays in providing results.
DWR Response: Ms. Tuttle has stated that poor performance and neglect by her previous ORC
carried on for months. However, the permittee worked to improve the performance of the plant
throughout 2021.
X (d) Whether the violator had been assessed civil penalties for any previous violations:
Not Asserted:
DWR Response: Exceedances of several hundred percent (and even one thousand percent) above
permit allowances occurred for the parameters fecal coliforms, BOD, and nitrogen. This assessment is
only part of a long-term issue of permit non-compliance
X (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
The Permittee asserts: "I was able to pay the previous penalties because the company had the money to
pay, but Hilltop is an assisted living [facility] and the fines are now causing a financial hardship. In 2021
we had Covid outbreaks in January, February, March also in November, December, January 2022."
DWR Response: Because the permittee was directly impacted and has endured considerable hardship
related directly to the COVID Pandemic, and because of continuing efforts to mitigate non-
compliance, the Division recommends 50% remission of civil penalties.
NOTE: Blue X indicates remission factors addressed by the DWR based on the Permittee's Request
for Remission, but the Permittee did not formally consider penalty Factors. The Permittee states this
request addresses both LV-2022-0061 and -0062.
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DocuSign Envelope ID: CF7FEC7F-8713-47CB-B7C0-43BFAFBBFD65
Total Enforcement: $2,400.00 plus $103.80 costs = $2,503.80
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? 0
No[--]
Partial Remission X
Original Penalty (without Enforcement Costs) $2,400.00
Remit 50% or--$1,251.90
Subtotal $ 1,251.90
Retaining Enforcement Costs + $103.80
Total Penalty $1,355.70
D Signed by:
6/23/2022
8328B44CE9EB4A1...
for Richard E. Rogers, Jr. Date
CPA Summary (LV-2022-0062)
DWR hereby makes the following Civil Penalty Assessment (CPA) against Hilltop Living Center:
450.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0059536, by discharging wastewater
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-Day (20 Deg.
C) - Concentration
S225.00 1 of 1 violations of G.S. 143-215. l(a)(6) and Permit No. NC0059536, by discharging wastewater
into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal MF,
MFC Broth, 44.5 C
$525.00 2 of 2 violations of G.S. 143-215.1(a)(6) and Permit No. NC0059536, by discharging wastewater
into the waters of the State in violation of the Permit Daily Maximum for Nitrogen, Ammonia
Total (as N) - Concentration
$150.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0059536, by discharging wastewater
into the waters of the State in violation of the Permit Daily Maximum for Surfactants (MBAS)
$450.00 1 of 1 violations of G.S. 143-215. l(a)(6) and Permit No. NC0059536, by discharging wastewater
into the waters of the State in violation of the Permit Monthly Average for BOD, 5-Day (20 Deg.
C) - Concentration
S600.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0059536, by discharging wastewater
into the waters of the State in violation of the Permit Monthly Average for Nitrogen, Ammonia
Total (as N) - Concentration
ILU For 0 of 1 failures to submit monitoring reports or portions of monitoring reports in violation
of Permit No. NC0059536.
2 4� 00.00 TOTAL CIVIL PENALTY
1� 03.80 Enforcement Costs
$2.503,80 TOTAL AMOUNT DUE
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