NC0025836_Remission Request (LV-2022-0152)_20220726

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James & James Environmental Management, Inc.
3801 Asheville Hwy.,Hendersonville,N.C. 28791
OFFICE: [phone] FAX: [phone]
E-Mail: [e-mail]
July 15, 2022
NCDEQ-Division of Water Resources
Asheville Regional Office
2090 U.S. HWY 70
Swannanoa, NC 28778
To whom it may concern,
This letter is a request for ission of Case Number LV-2022-0152, for Town of Hot
Springs (NC0025836) for the mont of July 2021. Randy Joseph was the operator at this time
and is no longer available for cons illation.
In speaking with Keith We•• of McGill and Associates we agreed that the response for
this NOV should be that a correctio was made to the chlorine concentration being added to
accommodate the fecal demand. T s was determined by the result the following week being
compliant. Please accept this expla I ation for the fecal coliform being exceeded.
Therefore, we respectfully r-quest your consideration of any fines. Thank you for sending
the notification. We appreciate yo ' attention to detail on these reports. If there is any additional
information you require, please let is know and we will be happy to comply.
Best regards,
Juanita James
James&James Environmental M. agement, Inc.
CC —Mayor Abigail Norton& Kei Webb

JUSTIFICATION FOR REMISSION REOUEST
,e Number: LV-2022-0152 County: Madison
ssessed Party: Town of Hot Springs
Permit No.: NC0025836 Amount Assessed: $522.84
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 pn,zlty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred orithe accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. §1143B-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);
V (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:
c4. RECEIVED
JUL 26 2022
NPDES
NCDEQI[WRI

JF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
,NTY OF MADISON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Town of Hot Springs )
Hot Springs WWTP )
)
PERMIT NO. NC0025836 ) CASE NO. LV-2022-0152 8 O194
$ Ols3 & bESS
Having been assessed civil penalties totaling$522.84 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 16, 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 presentedjin 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 1511)
day of (,(� , 20 c Rujela e
SIGNAT
ADDRESS
REGE
DIED �b1 Aikmuie
6 202Z Anettmlnlq146 1.
NCr) O1U1NRI
NPDES 2(71)
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