NC0059536_Remission (Decision)_20220915

DocuSign Envelope ID: 1A18C944-CE07-4D18-9D1D-9AFD29C27FBE
ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICNARD E. ROGERS, JR.
Director
NORTH CAIW LIMA
ErtOranmorrtii Quality
9/15/2022
CERTIFIED MAIL # 7019-1120-0001-4877-5423
Tisha T. Tuttle, Owner
Hilltop Living Center
1025 Lamb Rd
Lexington, NC 2729
Subject: Remission Civil Penalties for Case # LV-2022-0173
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 $732.06 ($625.00 plus $107.06 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 $107.06. 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 $107.06 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,
DocuSigned by:
8328B44CE9EB4A1...
for Richard E. Rogers, Jr, Director
Enclosed/attached:
• Civil Penalty Remission Review Summary — signed, Case Number LV-2020-0173
ec: Enforcement File Case Number LV-2020-0173
Winston - Salem Regional Office (WSRO)
Laserfiche

DocuSign Envelope ID: 1A18C944-CE07-4D18-9D1D-9AFD29C27FBE
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS — Summary and Signature
Case Number: LV-2022-0173 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:
X (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee Asserts: The ORC stored chemicals near the flow meter; it had to be replaced and
recalibrated. The Operator will store chemicals appropriately [in the future].
DWR Response: The permittee did communicate these problems to the Regional Office.
X (c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts: The ORC stored chemicals near the flow meter; it had to be replaced and
recalibrated; the Operator will store chemicals appropriately [in the future].
DWR Response: The Permittee has stated that none of the system disrepair leading to chronic non-
compliance was intentional or willful.
X (d) Whether the violator had been assessed civil penalties for any previous violations:
Not Asserted:
DWR Comment:
X (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
The Permittee asserts: "Replacing the [flow] meter [caused] an inordinate cost to the Assisted Living
facility."
DWR Response: The Permittee has had to install a new flow meter (— $7,000), then replace one of their
septic tanks ruined by a sink hole ($10,000). Also, they lost one of their system pumps and will have to
replace it at additional cost. Therefore, in accord with Assessment Factor (e), WSRO requests to remit
100% of penalties, retaining enforcement costs.
NOTE: Blue X indicates remission factors addressed by the DWR based on the Permittee's Request for
Remission, but the Permittee did not formally consider penalty Factors.
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DocuSign Envelope ID: 1A18C944-CE07-4D18-9D1D-9AFD29C27FBE
Total Enforcement: $625.00 plus $107.06 costs = $732.06
DECISION (Check One)
Request Denied ❑
Full Remission ® Retain Enforcement Costs?
Partial Remission ❑
No ❑
Original Penalty (without Enforcement Costs) $625.00
Remit 100% or -- $625.00
Subtotal $00.00
Retaining Enforcement Costs + $107.06
Total Penalty $107.06
illi9/15/2022
DocuSigned by:
8328B44CE9EB4A1..
for Richard E. Rogers, Jr. Date
CPA Summary (LV-2022-0173) [06Ju12022]
DWR hereby makes the following Civil Penalty Assessment (CPA) against Hilltop Living Center:
$125.00 1 of 2 violations of G.S. 143- 215. 1( a)( 6) and Permit No. NC0059536, by discharging
waste water into the waters of the State in violation of the Permit Daily Maximum for
BOD, 5- Day (20 Deg. C) Concentration
$250.00 1 of 1 violations of G.S. 143- 215. 1( a)( 6) and Permit No. NC0059536, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for
BOD, 5- Day ( 20 De2. C) - Concentration
$250.00 1 of 1 violations of G.S. 143- 215. 1(a)( 6) and Permit No. NC0059536, by discharging
waste water into the waters of the State in violation of the Permit Monthly Average for
Nitrogen, Ammonia Total ( as N) - Concentration
$625.00 TOTAL CIVIL PENALTY
$107.06 Enforcement Costs
$732. 06 TOTAL AMOUNT DUE
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