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HomeMy WebLinkAboutNC0055336_Remission Request (LV-2022-0309)_20221216 SENT Tp STATE SENT TO CLIENT gyers Environmental Inc. e,4 P.O.Box 729 Water and Wastewater System Operations Pisgah Forest, NC 28768 CEI December 12, 2022 � DEC 16 2022 Wastewater Branch Division of Water Resources WRINPDEs 1617 Mail Service Center NCDE( IDY1fV Raleigh, North Carolina 27699-1617 RE: Notice of Violations NOV-LV-2022-0309 NOV-LV-2022-0310 Camp Carolina Permit No. NC0055336 Transylvania County Request For Remission of Civil Penalties The following information is provided to request remission of civil penalties for LV-2022-0309 and LV- 2022-0310 for the Camp Carolina WWTP. The Wastewater Treatment Facility exceeded the monthly limit for NH3 the month of June 2022 due to the need for sand replacement in the sand filter and lack of proper biological activity in the filter. In a meeting with the owner on Friday, August 26th, we discussed the following improvements: • Rehabilitating the sand filter, either complete replacement or partial replacement. • Hiring a Professional Engineer to advise the Camp on the filter rehabilitation • Install an improved dechlorination station at the system effluent The owner of the facility has agreed to the rehabilitation of the sand filter. The owner has received a material quote for replacement sand and underdrain stone. They plan to begin these repairs in early 2023. The cost of the material only, not including installation labor, is approximately $29,000. In order to help offset some of these costs, we request remission of the civil fines for the NOV's listed above in the amount of$1274.64 Res ctf>sub itted, Donald G By Byers Enviro mental POBox 729 Pisgah Forest, NC 28767 828.577.9916 byersenvironmentalagmail.com DocuSIgn Envelope ID:F99E609A-FB8F-43513-8DEC-0C9E43695423 JUSTIFICATION FOR REMISSION REQUEST • Case Number: LV-2022-0309 County: Transylvania Assessed Party: Backcountry Inc Permit No.: NC0055336 Amount Assessed: $537.32 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; 1.7/7(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: DocuSign E .lope ID:F99E609A-FB8F-435B-8DEC-0C9E43695423 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF TRANSYLVANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Bnckcountry Inc ) Camp Carolina WWTP ) ) PERMIT NO.NC0055336 ) CASE NO. LV-2022-0309 Ilaving been assessed civil penalties totaling$537.32 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 29,2022, 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. 7-1 This the day of C. Ge✓Gt�, —e , 20 0. 4,4 _ SIG ADDRESS /% it/ 7Cb TELEPHONE ' F 9q/,4 DocuSign Envelope ID:F99E609A-FB8F-435B-8DEC-0C9E43695423 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2022-0310 County: Transylvania Assessed Party: Backcountry inc Permit No.: NC0055336 Amount Assessed: $737.32 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 penaltiesfor 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: DocuSign t. lope ID:F99E6D9A-F88F-435B-8DEC-0C9E43695423 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF'ITRANSYI,VANIA IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND ) STIPULATION OF FACTS Backcountry Inc ) Camp Carolina WWTP ) PERMIT NO. NC0055336 ) CASE NO. LV-2022-0310 Having been assessed civil penalties totaling$737.32 for violation(s)as set forth in the assessment document of the Division of Water Resources dated November 08,2022,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 he allowed after(30)days from the receipt of the notice of assessment. -"4 --� This the /Z day of 1 erei?7► /3 c 7 20 Z.. SIGN E ADDRESS 7z-9 ire e TELEPHONE 8z8,.5-'7 7. 9 9,,'