NC0085294_LV-2024-0187_20240812_remissionrequest

Docuslgn Envelope ID: 7AA4CC9C-AFFF-4872-13249-84C1554282D5 RECEIVED
JUSTIFICATION FOR RE1VI] MON REQUEST
AUG ' 2 L024
Case Number: LV-2024-0187 Coun Polls
Assessed Party: PavillonInternational N6DEQ/DWR/NPDES
Permit No.: NCO085294 Amount Assessed: $529.89
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) oc erred 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 aaid`provide a d6tailed explanation, inaludiil copies of suppai Irtg`docurrlents, hs'td 'why the -
factor applies (attach additional pages as needed).
N (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. l(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors 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);
t/;
(c) the violation was inadvertent or a result of an accident, (i.e., explain why the violation was unavoidahle or
somethingyou could notprevent 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.
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.

RPB Systems
Construction Services • Contract Operations • Maintenwice
August 5, 2024
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Case LV-2024-0187/NC0085294
RECEIVED
AUG 12 LV24
NCDEQ/DWR/NPDES
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. The violations occurred over two
weeks before we were received from the testing lab the non compliant results. The
operator cleaned out the chlorine contract chamber prior to the 3rd week sample with a
non -detect.
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;
P.O. Box 1325 Asheville, N.C. 28802
(828)-251-1900 (828)-251-1945

L V-2024-0187/NC008 5294
8-5-24
Pavilion International
RPB Systems, Inc.
Violations are never willfully or intentionally committed. Most violations are never
predetermined when sampling. The operator had a good chlorine residual prior to the
dechlorination treatment with 3.2 mg/L and non -detect for BOD, 0.28 mg/L ammonia
nitrogen and a 4.2 and 3.1 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 October 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
Page12

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
Pavillon International )
Britten Creek WWTP )
PERMIT NO. NCO085294 ) CASE NO. LV-2024-0187
Having been assessed civil penalties totaling $529.88 for violation(s) as set. forth in the assessment document of the Division
of Water. Resources dated July 1.2e.2024, the undersigned, desiring to seek ;remisSion_of.the,civil petnAlty,,,does.he eby 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 2024
a
SIGNATURE
ADDRESS
�IJi
TELEPHONE
13200 -Iv l �- 2300