NC0085294_LV-2024-0188_20240812_remissionrequest

J)ocuslgn'F-nvelope Ia: 7AA4CCgC-AFFF-4672-B248-54C766428206 RECEIVED
JUSTIFICATION FOR REMISSION REQUEST
J
Case Number: LV-2024-0188 County: Polls
Assessed Party: Pavilion International AA'' O/DWR/NPDES
Permit No.: NC0085294 Amount Assessed? �.
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 docuunents 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 maybe 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 ni&e' bf the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were'wrongfuliy applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
l (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 occurrence; s)
�/
!� (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);
A the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will provent 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).
EXPLANA'I`ION,
B. As soon as the violation occurrence was known, the operator cleaned out the chlorine
contact chamber by pumping to the digester.
C. When sampling the chlorine contact chamber had.a good chlorine residual prior to the
dechlor unit, so violation as inadvertent. The effluent appeared clear of solids.

MW RPB S
stems
Construction Services • Contract Operations • Maintensmce
August 5, 2024
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Case LV-2024-0188/NC0085294
This letter is request remission of the civil penalty as outlined in your 7-12-24 letter to
Pavillon International attached.
As you know once a daily maximum is exceeded there isn't any action to reduce this
violation. Per outline in your violation letter the following are factors we trust can lessen
the amount of fine to the permittee as follows:
ASSESSMENT FACTORS
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;
All effluent limit violations may be detrimental but may not be immediately quantifiable.
2) The duration and gravity of the violation; The operator had a strong chlorine
residual prior to dechlorination in both samples and cleaned out the chlorine contract
chamber. The violations occurred two weeks apart with a 78#/100 ml in between.
3) The effluent on ground or surface water quantity or quality or air quality;
Unknown.
4) The cost of rectifying the damage; Chlorine feed that is already used daily and a
portable pump to pump down chlorine contact chamber to sludge digester. No cost
savings present.
5) The amount of money saved by noncompliance; No money saved. Only a public
violation on owners record and contract operators performance.
6) Whether the violation was committed willfully or intentionally;
Violations are never willfully or intentionally committed. Most violations are never
predetermined when sampling. The operator had a good chlorine residual prior to the
P.O. Box 1325 Asheville, N.C. 28802
(828)-251-1900 (828)-251-1945

L V-2024-0188/NC0085294
8-5-24
Pavillon International RP13 Systems, Inc.
dechlorination treatment with non -detect for BOD and ammonia nitrogen and a 3.3 mg/L
TSS.
7) The prior record of the violator in complying or failing to comply with programs
over which the EMC has regulatory authority. We have had one other violation for a
Fecal issue in July of 2023.
This facility is a non-profit, charitable organization. All fines are paid with money that
could be spent treating patients.
We trust with information contained in this response letter you can greatly reduce the
amount of penalty to the permittee.
Robert Barr
Cc: Tara Hamlin
File
RECEIVED
AUG 12__r
NCDEQ/D`VUR/NPDES
Page 12

Docusign Envelope ID: 7AA4CC9C-AFFF-4872-B249-B4C1554282D5
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF POLK
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Pavilion International )
Britten Creek WWTP )
PERMIT NO. NC0085294 ) CASE NO. LV-2024-0188
Having been assessed civil penalties totaling $429.88 for violation(s) as set forth in the assessment document of the Division
of. Water, Resources dated July 12,.2024,.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 t4e
notice of assessment.
This the-�Flli.Lil ((5r) day of A,0 urt _ _ , 20
v ' SIGNATURE
ADDRESS
1•R A1 M101,11
F i .
N-W, .;
TELEPHONE
82e- (a4 - 23CO