NC0059536_Remission Decision (LV-2022-0274)_20230110

DocuSign Envelope ID:530FDABA-9CC8-42E3-BDAO-0008174DBB6D
.„51611,
ROY COOPER et.�
Governor ti _.
ELIZABETH BISER u/.
Secretary t a
RICNARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
1/4/2023
CERTIFIED MAIL#7019-1120-0001-4877-5584
Tisha T.Tuttle,Owner
Hilltop Living Center
1025 Lamb Rd
Lexington, NC 2729
Subject: Remission Civil Penalties for Case#LV-2022-0274
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. In accordance with NCGS 143-215.6A(f),the Division has found no
cause to remit your initial penalties totaling$286.17($187.50 plus$98.67 enforcement costs).
Your outstanding balance of$286.17 is now due and payable. Two options are available to you:
1 You may pay this balance.
If you decide to pay the penalty,please make your check payable to the Department of Environmental Quality
(DEQ)and send payment to:
Attention:Wren Thedford/Bob Sledge
NCDEQ/DWR/SWPS/Point Source Branch
NPDES Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
Your payment 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.
OR
2) If you desire to make an oral presentation to the Committee on why your request for remission meets one or more
of the five statutory factors you addressed,you must complete and return the enclosed form(s)within thirty(30)
days of receipt of this letter.Please mail completed form(s)to:
Attention: Bob Sledge
NC DEQ/DWR/NPDES/Point Source Branch
1617 Mail Service Center
Raleigh,NC 27699-1617
Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman and, if it is
determined that there is a compelling reason to require an oral presentation by you,the Commission will notify you by
certified mail of the date,time,and place for your oral presentation.Otherwise,the final decision on your request for
remission will be made by the Committee based on the written record.

DocuSign Envelope ID:530FDABA-9CC8-42E3-BDAO-0008174DBB6D
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,
c—DocuSigned by:
8328B44CE9EB4A1...
for Richard E.Rogers,Jr,Director
Enclosed/attached:
• Civil Penalty Remission Review Summary—signed,Case Number LV-2020-0274
• Request for Oral Presentation
ec: Enforcement File Case Number LV-2020-0274
Winston-Salem Regional Office(WSRO)
Laserfiche

DocuSign Envelope ID:530FDABA-9CC8-42E3-BDAO-0008174DBB6D
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS—Summary and Signature
Case Number: LV-2022-0274 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:
❑ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Not Asserted:
X (c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts: Hilltop feels the compliance is based on the unknown and unexpected expensive
repairs, more detailed trainingabout the system and changing labs with better communication....
p Y g g
DWR Response: WSRO believes that the Permittee's non-compliance was unintentional.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Not Asserted:
X (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
The Permittee asserts:The Permittee's costs to date [documented] include tank replacement
($10,750),flow-meter replacement/calibration($7,192.03),and pump replacement($2.450). These
costs,combined with rising costs of supplies, lab services,and salaries, have made an inordinately
negative impact on the budget for Hilltop Living Center WWTP.
DWR Response: WSRO supports no remission of this penalty since the BOD violation was already
waived. The fecal coliform penalty will remain.
NOTE: Blue X indicates factors addressed by the Permittee's written Request for Remission.
1 of 2

DocuSign Envelope ID 530FDABA-9CC8-42E3-BDAO-0008174DBB6D
Total Enforcement: $187.50 plus $98.67 costs=$286.17
DECISION(Check One)
Request Denied
Full Remission ❑ Retain Enforcement Cost? CO No❑
Partial Remission ❑
Original Penalty(without Enforcement Costs)$187.50
Remit $00.00
Subtotal $187.50
Retaining Enforcement Costs +$98.67
Total Penalty $286.17
DocuS'igned by:
71; /
1/4/2023
`—8328B44C E9EB4A1...
for Richard E. Rogers. Jr. Date
CPA Summary (LV-2022-0274) [assessed 250ct2022]
DWR hereby makes the following Civil Penalty Assessment(CPA)against Hilltop Living Center:
$00.00 0 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 Daily Maximum for
BOD,5-Day(20 Deg.C)Concentration
$187.50 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 Daily Maximum for
Coliform,Fecal MF,MFC Broth,44.5 C
$00.00 0 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
$187.50 TOTAL CIVIL PENALTY
$98.67 Enforcement Costs
$286.17 TOTAL AMOUNT DUE
2 of 2

DocuSign Envelope ID:530FDABA-9CC8-42E3-BDAO-0008174DBB6D
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF DAVIDSON ) DEQ Case Number LV-2022-0274
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Hilltop Living Center WWTP )
I hereby request to make an oral presentation before the Environmental Management Commission's Committee
on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I
understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a committee
meeting held in Raleigh,North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request,and because no factual issues are in dispute,my presentation will be limited to five
(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar.Proceedings before the Committee on Remissions are quasi-judicial. You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If
you or your representative would like to speak before the Committee,you must complete and return this
form within thirty(30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the
Committee,then you do not need legal representation before the Committee;however,if you intend on having another
individual speak on your behalf regarding the factual situations,such as an expert,engineer or consultant,then you must
also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney.Presentation of facts by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request
form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for
corporations,partnerships,and municipalities,signed by individuals who would not violate the State Bar's Opinion on the
unauthorized practice of law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of ,20
SIGNATURE Printed with TITLE(President,Owner,etc.)
( )
ADDRESS TELEPHONE