NC0068543_MV-2015-0010_20150427

ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
April 27, 2015
RECEIVEDIDENRIDWR
APR :1: 0 2015
CERTIFIED MAIL #7009 2250 0004 1083 6326
RETURN RECEIPT REQUESTED Water Quality
Permitting Section.
Jeff L. Smoker
Raintree Healthcare of Wilkesboro LLC
176 Rest Home Rd
Wilkesboro,NC 28697
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 NC0068543
Raintree Healthcare of Wilkesboro LLC
Wilkes County Adult Care WWTP
Case No. MV-2015-0010
Wilkes County
Dear Mr. Smoker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$ 604.32 ($
436.00 civil penalty + $ 168.32 enforcement costs) against the Raintree Healthcare of Wilkesboro LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the Raintree Healthcare of Wilkesboro LLC for the month of December
2014. This review has shown the subject facility to be in violation of the discharge limitations and/or
monitoring requirements found in NPDES Permit NC0068543. The violations, which occurred in December
2014, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Raintree Healthcare of Wilkesboro
LLC violated the terms, conditions or requirements of NPDES Permit NC0068543 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, Corey Basinger, Division of Water Resources Regional Supervisor for the
Winston-Salem Region, hereby make the following civil penalty assessment against the Raintree Healthcare of
Wilkesboro LLC:
450 W.Hanes Mill Road,Winston-Salem,North Carolina 27105
Phone:[phone] Internet:www.ncdenr.gov
An Eaual Opportunity t Affirmative Action Employer—Made in part by recycled paper

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$ 150.00 For 2 of the 2 failures to properly monitor BOD -Conc in violation
of NPDES Permit No.NC0068543.
$ 130.00 For 2 of the 2 failures to properly monitor TSS in violation of
NPDES Permit No.NC0068543.
$ 156.00 For 2 of the 2 failures to properly monitor FEC COLI in violation of
NPDES Permit No.NC0068543.
$ 436.00 TOTAL CIVIL PENALTY
$ 168.32 Enforcement Costs
$ 604.32 TOTAL AMOUNT DUE
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,tothe 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:
NC DENR/DWQ/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:

I
r
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 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/DWQ/NPDES
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 the 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 George Smith or me at 336-776-9800.
Sincerely,
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
PSB-NPDES—Charles Weaver

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4 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF WILKES
REQUEST FOR REMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
) STIPULATION OF FACTS
Raintree Healthcare of Wilkesboro LLC )
)
)
PERMIT NO.NC0068543 )
)
) FILE NO. MV-2015-0010
Having been assessed civil penalties totaling $ 604.32 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated 04/27/2015, 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.
This the day of , 20
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: MV-2015-0010 County: Wilkes
Assessed Party: Raintree Healthcare of Wilkesboro LLC
Permit No. (if applicable): NC0068543 Amount Assessed: $ 604.32
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 applies. 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 (Le., 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 anyprevious violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (Le., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF WILKES DWQ Case Number MV-2015-0010
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Raintree Healthcare of Wilkesboro LLC )
)
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"§tate3ar's Authorized Practice of Law Committee has ruled that the appearance in a representatiWcap077
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
emissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
s
inion 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.
pending on yo,_- „status as an individual, corporation, partnership or municipality,the State Bar's Opinion affects how you may
proceed with yo � 1 presentation. See 'r"tiw.nchar.com'ethics,Authorised Practice Advisory Opinion 2006-I and 2007 Formal
Iiiiit _
sQn .
' usiness owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not rieed 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
meettg in grara,avoid violating the State Bar's Opinion on the unauthorized practice of law.
• i ;:''nershp or municipality and are granted an opportunity to make an oral presentation before the
Comms eef eh—Obi'r=.resentative must consider the recent State Bar's Opinion and could be considered practicing law
`ifiggelihigalitkipr she is not a licensed attorney. Presentation of facts by non-lawyers is permissible.
ral presentation, please make sure that signatures on the previously submitted Remission Request form
`ii 'Is S 'res-:—fa oi'"equest form are: I)for individuals and business owners,your own signature and 2)for corporations,
s'ps and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
IIIIIIMIIIIIIIIIIIIIIIIIIIFIIIIIIIIIIIIIIIIIIIIIIIIIIPRPNIIIWVMNEMIINPNNEII
This the day of ,20
SIGNATURE
TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE( )

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ATTACHMENT A
Raintree Healthcare of Wilkesboro LLC
•
CASE NUMBER: MV-2015-0010
PERMIT: NC0068543 FACILITY: Wilkes County Adult Care WWTP COUNTY: Wilkes REGION: Winston-Salem
Monitoring Violations
MONITORING OUTFALL! VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$75.00 12-2014 001 Effluent BOD-Conc 12/20/14 Weekly mg/I Frequency Violation
$75.00 12-2014 001 Effluent BOD-Conc 12/27/14 Weekly mg/I Frequency Violation
$78.00 12-2014 001 Effluent FEC COLI 12/20/14 Weekly 8/100m1 Frequency Violation
$78.00 12-2014 001 Effluent FEC COLI 12/27/14 Weekly #/100m1 Frequency Violation
$85.00 12-2014 001 Effluent TSS-Conc 12/20/14 Weekly mg/I Frequency Violation
$65.00 12-2014 001 Effluent TSS-Conc 12/27114 Weekly mg/I Frequency Violation