NC0085952_Remission Request (LV-2015-0184)_20151008

C
James & James Environmental Management, Inc.
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
October 8, 2015
RECEIVEDIDENR/DWR
Water Quality Operations Center 0 C T 19 2015
Asheville Regional Office Water Quality
2090, U. S. Highway 70 Permitting Section
Asheville, NC 28778
RE: Travel Centers of America dba Candler Travel Center WWTP
NPDES Permit No. NCO085952
LV -2015-0184
Mr. Davidson,
This letter is in response to the above NOV for Travel Centers of America dated September 10, 2015.
This facility runs exceptionally well for a small package unit with a restaurant. Our operator pays very
close attention to the minute details of operating the facility. The facility is pumped often and the operator
maintains a good PH in the facility.
The owner recently repaired the tertiary filter and regular maintenance is performed. The owner is very
supportive with funding the needs of the facility. They also recently pumped the EQ basin and replaced the
diffusers.
Since the owner and operator are very attentive to the needs of the facility, we request that you consider
remitting or reducing the fine.
We would appreciate any assistance you can offer.
With regards,
anita James

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2015-0184 County: Buncombe
Assessed Party: T A Operating LLC/ Candler Travel WWTP
Permit No.: NC0085952 Amount Assessed: $609.26
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-282.4(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 -282.1(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 rtent or a result of anaccident (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 of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
T A OPERATING
CANDLER TRAVEL CENTER WWTP
PERMIT NO. NCO085952
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
)l
CASE NO. LV -2015-0184
Having been assessed civil penalties totaling $609.26 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 10, 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 (3 0) 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 �i� , 20
- - ti
SIGNATU
ADDRESS
Jamas & James
Enviionmental Management, nc.
3801 Asheville Highway
PdQCG;@AWl9' 4c; 20791
[phone]
TELEPHONE
S2N - Loq.) -ate