NC0046035_LV20150034_20150304

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 4,2015
CERTIFIED MAIL#7013 1710 0002 1865 5351 RECEIVED/DENR/DWR
RETURN RECEIPT REOUESTED
Neil L Pruitt,Jr. MAK 0 6 2015
Pruitthealth-Highpoint LLC
1626 Jeurgens Ct Water Quality
Norcross,GA 30093 Permitting Section
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.)143-215.1(a)(6)
and NPDES Permit NC0046035
Pruitthealth-Highpoint LLC
UPAC High Point
Case No.LV-2015-0034
Forsyth County
Dear Mr.Pruitt:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$ 403.19 ($
250.00 civil penalty+$ 153.19 enforcement costs)against the Pruitthealth-Highpoint LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Pruitthealth - Highpoint LLC for the month of November 2014. This
review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements
found in NPDES Permit NC0046035. The violations, which occurred in November 2014, are summarized in
Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that the Pruitthealth-Highpoint LLC violated the
terms,conditions or requirements of NPDES Permit NC0046035 and G.S. 143-215.1(a)(6)in the manner and extent
shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided
by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water
Resources, I, W. Corey Basinger, Water Quality Regional Operations Supervisor for the Winston-Salem Region,
hereby make the following civil penalty assessment against the Pruitthealth-Highpoint LLC:
1 of the 1 violations of G.S. 143-215.1(ax6)and NPDES Permit No.NC0046035,
$250.00 by discharging waste water into the waters of the State in violation of the Permit
Monthly Average limit for FLOW.
$250.00 TOTAL CIVIL PENALTY
$ 153.19 Enforcement Costs
$403.19 TOTAL AMOUNT DUE
450 West Hanes Mill Road,Suite 300,Winston-Salem,NC 27105
Phone:[phone]\Internet:www.ncwater.org
An Equal Opportunity 1 Affirmative Action Employer-Made in part by recycled paper

Pursuant to G.S. 143-215.6A(c),in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b),which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice,you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
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NC DENR/DWR/NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:
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. Because a remission request forecloses the option of an administrative
hearing,such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why
you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address
listed below. In determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully
applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations;or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter
of your remission request. The response will provide details regarding the case status,directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not
part of the original remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.

In order to request remission,you must complete and submit the enclosed"Request for Remission,Waiver of Right
to an Administrative Hearing, and Stipulation of Facts" form within thirty(30)days of receipt of this notice. The
Division of Water Resources also requests that you complete and submit the enclosed"Justification for Remission
Request." Both forms should be submitted to the following address:
•
NC DENR/DWR/NPD) S
1617 Mail Service Center
Raleigh,NC 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain te petition form from the Office of Administrative Hearings. You must
file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and
5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the
Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document
is received in the Office of Administrative Hearings within five(5)business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center •
Raleigh,NC 27699-6714
Telephone[phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
John Evans,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 27699-1601
Please indicate the case number(as found on page one of this letter)on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's
Office for collection of the penalty through a civil action. Please be advised that additional penalties may be
assessed for violations that occur after the review period of this assessment.

If you have any questions,please contact Ron Boone of the Winston-SalemRegional Office at 336-776-9800.
Sincerely,
•
*-21(41404-4-4
W.Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachments • !
cc: WSRO Files w/attachments
SW Central Files w/attachments
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ATTACHMENT A
Proitthulth-Highpolnt LLC
CASE NUMBER: LV-2015-0034 .
PERMIT: N00046035 FACILITY: UPAC High Point COUNTY: Forsyth REGION: Winston-Salam
Limit Violations
MONITORING OUTFALL/ VIOLATION UNfT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE UNIT VALUE LIMIT VIOLATION TYPE
$250.00 11-2014 001 Effluent FLOW 11/30/14 Continuous mgd 0.01 0.00 84.3 Monthly Average Exceeded
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