NC0059536_Remissions_BINDER_Trans_Letter_w sig_LV-2022-0172_20220915

DocuSign Envelope ID: 79953334-793E-4A89-90F3-D26EC2BB1FAE
ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICNARD E. ROGERS, JR.
Director
NORTH CAROL! NA
Environmental Quality
9/15/2022
CERTIFIED MAIL # 7019-1120-0001-4877-5416
Tisha T. Tuttle, Owner
Hilltop Living Center
1025 Lamb Rd
Lexington, NC 2729
Subject: Remission Civil Penalties for Case # LV-2022-0172
Hilltop Living Center WWTP, WPCS Grade -II
NPDES Permit NC0059536
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 $1,232.06 ($1,125.00 plus $107.86 enforcement costs). In
accordance with NCGS 143-215.6A(f), DWR has decided to remit 100% of the initial penalties, retaining enforcement
costs (see attached Remissions Summary).
Your total payment due therefore is $107.06. If you choose to pay the reduced penalty, be sure to include the above case
number on your check. Please make your check payable to NCDEQ, and send to the following address:
Wren Thedford/ Bob Sledge
Permitting and Compliance
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Your reduced payment of $107.06 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.
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,
r—DocuSigned by:
— 8328B44CE9EB4A1...
for Richard E. Rogers, Jr, Director
Enclosed/attached:
• Civil Penalty Remission Review Summary — signed, Case Number LV-2020-0172
ec: Enforcement File Case Number LV-2020-0172
Winston - Salem Regional Office (WSRO)
Laserfiche

DocuSign Envelope ID: 79953334-793E-4A89-90F3-D26EC2BB1FAE
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS — Summary and Signature
Case Number: LV-2022-0172 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: The plant required repairs; Pump #2 had a broken coupling at the top and a new
coupling was installed; Pump screens were cleaned and reinstalled. Frozen pipes in the building were
replaced; lines in the sand filter (Side A) [were damaged] and the outlet had to be replaced.
DWR Response: The permittee has spent a good but of money on repairs.
X (c) Whether the violation was inadvertent or a result of an accident:
Asserted but not justified:
DWR Response: The permittee has stated that none of the system disrepair which led to chronic non-
compliance was intentional or willful.
X (d) Whether the violator had been assessed civil penalties for any previous violations:
Asserted but not addressed:
DWR Response: The permittee has experienced ongoing compliance issues with BOD, ammonia, and
fecal parameters over the past months.
X (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
The Permittee asserts: The cost of fines elevated the costs of monitoring and repairs.
DWR Response: The Permittee has had to install a new flow meter (— $7,000), then replace one of their
septic tanks ruined by a sink hole ($10,000). Also, they lost one of their system pumps and will have to
replace it at additional cost. Therefore, in accord with Assessment Factor (e), WSRO requests to remit
100% of penalties, retaining enforcement costs.
NOTE: Blue X indicates remission asserted by the Permittee based on assessment factors (b), (d), and (e).
1 of 2

DocuSign Envelope ID: 79953334-793E-4A89-90F3-D26EC2BB1 FAE
Total Enforcement: $1,125.00 plus $107.06 costs = $1,232.06
DECISION (Check One)
Request Denied
Full Remission ® Retain Enforcement Costs?
El
Partial Remission ❑
CPA Summary (LV-2022-0172) [06Ju12022]
No❑
Original Penalty (without Enforcement Costs) $1,125.00
Remit 100% or -- $1,125.00
Subtotal $00.00
Retaining Enforcement Costs + $107.06
Total Penalty $107.06
DocuSigned by:
8328B44CE9EB4A1...
9/15/2022
for Richard E. Rogers, Jr. Date
DWR hereby assesses the following Civil Penalties (CPAs) against Hilltop Living Center:
$300.00 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
$150.00 1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0059536, by discharging
waste water into the waters of the State in violation of the Permit Daily Maximum for
Coliform. Fecal MF, MFC Broth. 44.5 C
$337.50 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
BOD, 5-Day (20 Deg. C) - Concentration
$337.50 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
1.125.00 TOTAL CIVIL PENALTY
$107.06 Enforcement Costs
$1.232.06 TOTAL AMOUNT DUE