NC0068705_Remission Request (LV-2022-0278)_20221123

November 21, 2022
Wastewater Branch
Division of Water Resources EICEIVED1617 Mail Service Center NOV
Raleigh, NC 27699-1617 2 3 2022
Ccoc
Subject: Remission of Case No. LV-2022-0278 Q/DWR,NpOC cc
July 2022 in the amount of$1,419.04 S
Dear Director of the Division of Water Resources,
This letter is in response to a notice of violation and assessment of civil penalty in regard to the Mariners
Watch Homeowners Association wastewater treatment plant. The Homeowners Association is
requesting remission of the civil assessment on the basis that the payment of the civil penalty will
prevent payment for the remaining necessary remedial actions. We have recently been assessed civil
penalties for violations which we have requested remission and await your response.
With regards to the basis that the payment of the civil penalty will prevent payment for the remaining
necessary remedial actions, our costs dramatically increased for operation of the wastewater treatment
plant in September 2021. Our previous operator abandoned our plant without proper written
notification. We searched for a new operator and retained our current operator at the cost of 2.5 times
the amount we paid our previous operator. We have also instigated construction of city sewer with the
city of Charlotte.The city has brought sewer to a nearby community, and one of our members has
applied for and began the process of having sewer brought to their house. Once the city reaches a
certain point in construction, every member of our Homeowners Association will join the sewer line and
pay the high cost to do so.This does not include the additional cost that each household will incur to
connect the septic pumps and pipes on our property to the city sewer line.We are doing our best to be
compliant while facing exorbitant price increases and high cost of connection to the city of Charlotte
sewer lines.The approval for sewer is currently at the state level and we await a response so we can
move forward with the implementation of sewer through the city of Charlotte.
We have had several meaningful conversations with our plant operator in regard to getting our
wastewater treatment plant into compliance. Our previous operator had zero months of non-
compliance resulting in zero fines. Our current operator had challenges in getting our plant compliant
even with only four out of five households in our community living here full-time. Our current operator
has reached out to the manufacturer of our plants operating panel for assistance and has made what
they believe to be the correct adjustments to get our plant into compliance.This includes changing our
pump settings in our tanks. We have a long history of state compliance with our operating plant. Our
operator advised that they had gotten the plant in compliance and there should not have been any non-
compliance for July or August of this year, but that appears incorrect. We are diligently working with
them to correct these issues.

We request remission of this assessment and would appreciate assistance in the form of a meeting with
personnel from the division of water resources. We would like to meet with the personnel from the
division of water resources, along with our operator, and members of our five person Homeowners
Association. Given the high cost of the plant operation and the high cost of joining the Charlotte sewer
system, we request remission of this assessment. Any assistance from your department in pushing along
the Charlotte sewer system to our Homeowners Association and community would be greatly
appreciated.Thank you.
Sincerely,
kr
Dwayne Reedy
President—Mariners Watch Homeowners Association RECEIVED
'' 2 3 2022
Cc: Wes Bell—NCDEQ(email) NCDE
Brandon Long—Tri-County Wastewater(email) Q/DWR/NPDES
Matt Creasser—Mariners Watch HOA(email)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0278 County: Mecklenburg
Assessed Party: Mariners Watch Homeowners Association
Permit No.: NC0068705 Amount Assessed: $1,419.04
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);
V (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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Mariners Watch Homeowners Association )
Mariners Watch WWTP )
PERMIT NO.NC0068705 ) CASE NO. LV-2022-0278
Having been assessed civil penalties totaling$1,419.04 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated October 27,2022,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 )- S1' day of A)o V v cr ,20 vZ'
RECE,\I ED ,:IGNATURE
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