NC0049620_RemissionRequest_LM20220050_LV20220341_LV20220338_20230213

2/8/2023
James & James Environmental Management, Inc.
3801 Asheville Hwy., Hendersonville, N. C. 28791
OFFICE: [phone] FAX: [phone]
E-Mail: [e-mail]
FEB 13 2023
NCDEQ-Division of Water Resources
Asheville Regional Office
2090 U.S. HWY 70
Swannanoa, NC 28778
To whom it may concern,
Water Quality Regional Operations
Asheville Regional Office
This letter is in response of LM-2022-0050, LV-2022-0341, and LV-2022-0338 for Hot Springs
Housing Authority (NC0049620) for the months of January, February, and March of 2022.
James and James along with the Town of Hot Springs are working together to ensure the sand
beds are raked and free of vegetation, thus keeping the sand beds from ponding.
As of February 91h, the engineer, Mr. Keith Webb with McGill & Associates response is as
follows: "With respect to the 3 violations for TSS our response to DEO is an increased effort to remove
solids for the settling tanks to prevent solids to the sand filter. The sand filter is in need of rehab and
replacement of the media and once the use of'a portion of'the $1,000,000 earmarkfunding is approved
.for these modifications/rehab the filter system will be rehabilitated. "
The Town of Hot Springs has also authorized James and James to have the influent tanks pumped
as needed to keep grease from entering the beds. We are working toward this facility producing the best
effluent possible with the available conditions until funding is approved for an upgrade.
Therefore, we respectfully request your consideration of any fines. Thank you for sending the
notification. We appreciate your attention to detail on these reports. If there is any additional information
you require, please let us know and we will be happy to comply.
Best regards,
Juanita James
James & James Environmental Management, Inc.
CC — Mayor Abigail Norton and Keith Webb

DocuBign Envelope ID: 7743EDE1-47BB-4B27-B9AF-38884E7F56D5
JUSTIFICATION FOR REMISSION REQUEST
Case Number:
LV-2022-0338
Assessed Party:
Town of Hot Springs
Permit No.:
NCO049620
County: Madison
Amount Assessed: $720.86
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 Hearin,=, 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. § 14313-282. 1 (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. 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. 14313-282.1(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 (i.e., 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 ivhy the violation was unavoidable or
somethingyou could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payinent of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
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DocuSign Envelope ID: 7743EDE147BB4B27-BgAF-38884E7F56D5
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MADISON
IN THE MATTER OF ASSESSMENT WARIER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Hot Springs
Hot Springs Housing Authority WWTP
PERMIT NO. NCO049620 CASE NO. LV-2022-0338
Having been assessed civil penalties totaling $720.86 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 19, 2022, 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 q44,, day of 20_B_
—4NAT(-JRF
ADDRESS
H.LuLA-
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Me- 01919�
TELEPI-IONE

DocuSign Envelope ID: 4603CA00-BEF3-4938-9BEB-7D2C7E501584
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LM-2022-0050 Countv: Madison
Assessed Party: Town of Hot Springs
Permit No.: NC0049620 Amount Assessed: $670.86
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. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. 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. 14313-282. 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 (i.e., 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 any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment cf the civil penalty will prevent you,from performing the activities necessary to achieve
compliance),
EXPLANATION:
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DocuSign Envelope ID: 4603CA00-BEF3-4938-9BEB-7D2C7E501584
STATE OF NORTH CAROLINA DEPARTMENT OF FNVIRONMENTAI_ QUALITY
COUNTY OF MADISON
IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL, PENALTIES AGAINST" } ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Town of Hot Springs )
Mot Springs Housing Authority WWTP }
PERMIT NO. NCO049620 } CASE NO. LM-2022-0050
Having been assessed civil penalties totaling $670.86 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 4. 2023. the undersigned. desiring to seek remission of the civil penalty, dues hereby
waive the right to an administrative hearing in the above -stated :natter 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 t fh day of r Q %r�.rll 2023
a_
GNA"I•URE,
ADDRESS
juns- 3 30,onef-, rov. (n t.
ND I - -0i LUL-�W L�-
IhAovsD.v� �(Q �c a9?g_t-
TELEPHONE
�N-_U9-7-0003

DocuSign Envelope ID: FA5EDABA-6465-4D3B-BAQA-5B8D97231ED6
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0341
Assessed Party: Town of 1-iot Springs
Permit No.: NCO049620
Countv: Madison
Amount Assessed: $1.220.86
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 Dearing, 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.U.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. 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. I (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 (i.e., explain the
.steps that you took to correct the violation and prevent fixture 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, far);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you ftonr performing the activities necessary to achieve
conilkance).
EXPLANATION:
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DocuSign Envelope ID: FA5EDABA-6465-4D3B-BAOA-5B8D97231ED6
STATE OF NORTH CAROLINA DEPARTM1::NT OF ENVIRONMENTAL QUALITY
COUNTY OF MADISON
IN TI-IE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO AN
OF CIVIL, PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
} STIPULATION OF FACTS
Town of Hot Springs )
Hot Springs Housing Authority WWTP )
PERMIT NO. NCO049620 } CASE NO. LV-2022-0341
Having been assessed civil penalties totaling $1,220.86 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 5, 2023, 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 9 4-h- day of
�7f_ br u cL-V �,�_ , 20 23
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S JNA NATURE
ADDRESS
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yi lee K!e agn (
'1 ELEPHONE