NC0059536_Remission Decision (LV-2022-0272)_20230111

DocuSign Envelope ID: 12E84527-B1F4-40EC-A02E-3A6B39A7B704
ow SWF •
ROY COOPERy
Governor S�
ELIZABETH BISER
Secretary a
RICNARD E. ROGERS, JR. •�
Director
NORTH CAROLINA
Environmental Quality
1/4/2023
CERTIFIED MAIL#7019-1120-0001-4877-5577
Tisha T.Tuttle,Owner
Hilltop Living Center
1025 Lamb Rd
Lexington,NC 2729
Subject: Remission Civil Penalties for Case#LV-2022-0272
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$898.67($800.00 plus$98.67 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$98.67.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$98.67 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,
EDocuSlgned by:
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8328B44CE9EB4A1...
for Richard E.Rogers,Jr,Director
Enclosed/attached:
• Civil Penalty Remission Review Summary—signed,Case Number LV-2020-0272
ec: Enforcement File Case Number LV-2020-0272
Winston-Salem Regional Office(WSRO)
Laserfiche

DocuSign Envelope ID 12E84527-B1F4-40EC-A02E-3A6B39A7B704
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS—Summary and Signature
Case Number: LV-2022-0272 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: 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.
DWR Response:WSRO believes that the Permittee's non-compliance was unintentional. We support
full remission for this case due to the septic tank issue and how it could have impacted the system
during the time of the violation.
❑ (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:The Division has reviewed site conditions,subsequent repairs,and records,and
concurs with the permittee assessment.Therefore,in accord with Assessment Factor(e), WSRO
recommends remitting 100%of penalties but retains enforcement costs.
NOTE:Blue X indicates factors addressed by the Permittee's written Request for Remission.
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DocuSign Envelope ID:12E84527-B1F4-40EC-A02E-3A6B39A7B704
Total Enforcement: $800.00 plus$98.67 costs=$898.67
DECISION(Check One)
Request Denied El
Full Remission ® Retain Enforcement Cost? No❑
Partial Remission ❑
Original Penalty(without Enforcement Costs)$800.00
Remit 100%or -$800.00
Subtotal $00.00
Retaining Enforcement Costs +$98.67
Total Penalty $98.67
DocuSigned by:
1/4/2023
8328B44CE9EB4A1...
for Richard E.Rogers,Jr. Date
CPA Summary (LV-2022-0272) [assessed 250ct20221
DWR hereby makes the following Civil Penalty Assessment(CPA) against Hilltop Living Center:
$400.00 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
$400.00 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
$800.00 TOTAL CIVIL PENALTY
$98.67 Enforcement Costs
$898.67 TOTAL AMOUNT DUE
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