NC0059536_Remission Request (LV-2022-0272)_20221107

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0272 County: Davidson
Assessed Party: Tisha T Tuttle
Permit No.: NC0059536 Amount Assessed: $898.67
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;
7 (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:

Explanation on Waste treatment plant response dated 11/2/2022 By Plemmons Enterprises, Inc t/a Hilltop Living Center
Tisha Tuttle
Violation date March 2022 CASE NUMBER LV-2022-0272
updates as of November 2022
Hilltop Living Center is an assisted living facility licensed for 65 beds, Hilltop also is an older facility and cares for elderly
and special needs folks.
In 2021 and 2022 Hilltop has had several repairs to the system that were out of our control and unseen.These repairs
have been expensive. I have operators,vendors and the state agree that the limits on my system permit are very strict
and hard to comply.
Between 2021 and 2022 Hilltop had a total of 3 Covid outbreaks, limited staff with employee shortages. Hilltop as
increase wages twice and will probably have to increase again within the next 6 months.
We had a major repair mid-August 2022 that cost 10,750 for a septic tank that had fallen in because of age. We do not
know how long this was affecting the treatment plant
There was a used flow meter bought for 1,928.00 in January of 2022 and it had shifted in the mount and was causing
the reading to be off a decimal place, when we called for repair,the company had gone out of business.We then found
another company and they would not work on or calibrate the old meter so October 2022 a new meter was installed
after much delay of finding a new company and the new meter with calibration was at an expense of 7,192.03 Installed
October 2022.
We started using a new lab, Statesville Analytical Holdings as of June 2022 this has improved our communication with
the operator Joe Shaffer for better resampling and adjustments at a higher cost then our previous lab
Waste Treatment repairs and training on the system that include cleaning the screens more frequently, replacement of a
pump that was going bad for during several months this summer and fall at a cost of 2,450.00
Joe the operator is more expensive than my previous operator and has had to learn the system and with all the
problems this has taken more time than expected.
The operator and I have met with the state twice to look at the plant for any suggestions and it was determined that
because of the unseen circumstances with the underground tank fail which was probably causing problems for a while
that we are correcting the issues by our repairs. We showed bills and ground area and pictures of the cost and problems
for repair.
September 2022 labs were in compliance
15t sampling of October 2022 was in compliance
Hilltop feels the compliance is based on the unknown and unexpected expensive repairs, more detailed training about
the system and changing labs with better communication will keep us in compliance. If Hilltop continues to be out of
compliance,then we will consult with the state consultant for further review of our waste treatment plant
►�(1

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF DAVIDSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Tisha T Tuttle )
Hilltop Living Center WWTP )
PERMIT NO.NC0059536 ) CASE NO. LV-2022-0272
totaling$898.67 for violation(s)as set forth in the assessment document of the Division
Having been assessed civilpenalties o
H g g
of Water Resources dated October 20,2022,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. �'
day of U\) i r . 20 1 � t4 t
This the 1
bidtSIGNATURE
RECEIVED
ADDRESS
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NCDEQIDWRINPDES Ir..� r\, o�J a R�
TELEPHONE

ATTACHMENT A
Tisha T Tuttle
CASE NUMBER: LV-2022-0272
PERMIT: NC0059536 REGION: Winston-Salem
FACILITY: Hilltop Living Center WWTP COUNTY: Davidson
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
3/15/2022 3-2022 BOD, 5-Day(20 Deg. 2 X month mg/I 15 41.7 178.0 Daily $200.00
C)-Concentration Maximum
Exceeded
3/31/2022 3-2022 BOD, 5-Day(20 Deg. 2 X month mg/I 15 34.7 131.3 Daily $200.00
C)-Concentration Maximum
Exceeded
3/31/2022 3-2022 BOD, 5-Day(20 Deg. 2 X month mg/I 10 38.2 282.0 Monthly $400.00
C)-Concentration Average
Exceeded