NC0025836_Remission Request (LV-2022-0155)_20220726

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 remission of Case Number LV-2022-0154 and LV-2022-0155,
for Town of Hot Springs (NC0025836) for the months of February and March 2022.
James and James began operations of this facility mid-January 2022. There were several
items at the facility that were in need of repair and during the course of repair caused some
parameters to exceed. In addition to this, the months of February and March were exceptionally
wet months and our flow averaged between 200 and 300 thousand on any given day. This in and
of itself caused us to short circuit in our facility.
The parameter violation for BOD and Fecal occurred in February 2022. To accommodate
the fecal-coliform being exceeded, we increased the dosing of Sodium Hypochlorite into the weir
which allowed for a better kill. The BOD increased two weeks of the month and a monthly
violation. However, the facility did meet the 85% removal that secondary treatment should
obtain.
The parameter violation for the month of March 2022 was for Fecal Coliform. We found
that the discharge hose from the treatment building through the conduit had deteriorated and was
not allowing the chlorine into the facility. The tubing was completely replaced.
With both months flow rate was exceptional. Because of this we spoke in depth with
McGill and Associates, Keith Webb, regarding the flow monitoring that they had completed
prior to the James and James contract and smoke testing the town to find our trouble spots. We
identified many areas that could be corrected relatively quickly and are still working to complete
other areas that are more significant for repair. In addition to this, we are finalizing the AIA
(Capital Improvement Program) for the sewer and are using the available funds to replace the
more troubled lines in the town. With less than 400 sewer customers funds are limited to the
amount of repairs that are necessary. We respectfully request that the penalties for the NOV's

. •
LV-2022-0153; LV-2022-0152; LV-2022-0154; LV-2022-0155 be remitted to allow these funds
to continue the improvement of the sewer lines in the town.
Keith Webb is also beginning the necessary steps to request an expansion permit to
200,000 gallons per day discharge. We believe that with the above improvements and this
treatment plant the difficulties of the sewage system for the town of Hot Springs will come under
control.
Therefore,we respectfully request your consideration of any fines. Thank you for sending
the notification. We appreciate your attention to detail on these reports. If there is any additional
information you require. please let us know and we will be happy to comply.
Best regards.
Juanita James
James& James Environmental Management. Inc.
CC—Mayor Abigail Norton and Keith Webb

DocuSign Envelope ID: 7A66BCD3-70BF-4649-B3AC-F74E3C463665
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0155 County: Madison
Assessed Party: Town of Hot Springs
Permit No.: NC0025836 Amount Assessed: $1,722.84
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 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:
Itt attaatud RECEIVED
2 6 2022
NCDEQIDWRINPDES

DocuSign Envelope ID:7A66BCD3-70BF-4649-B3AC-F74E3C463665
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY 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-2022-0155
Having been assessed civil penalties totaling$1,722.84 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 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 20'' day of 3u4 ,20ga
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SIGNATURE
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NCDEQIDWRINPDES
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