NC0069370_LV20150099_20150630

RECEIVED/DENR/DWR
JUSTIFICATION FORREMISSION ItEOUEST JUL 3 0 2015
Qualhe
Case Number. LV-2015-0099 County;fiL on
Assessed Party: Emeritus Corp DBA Pine Park
Permit No.: NC0069370 Amount Assessed: $25926
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 Rearing 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
accuni y of any of the factual statement contained in the civil penalty assessient 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 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 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 nearanny remedial actions (ie., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
aompliartca); - ...
EXPLANATION:
( 5 e e Packed( 5k�1-

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Emeritus Corp DSA Pine Park )
Pine Park Retirement Inn
PERMIT NO.NC0069370 ) CASE NO. LV-2015.0099
Having been assessed civil penalties totaling 5259..26 for viof>`itioh(s) is set forth in the assessment document of the
Division of Water Resources dated June 23. 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 !/v day of Jur 204C
SIGNATU•/
ADDRESS /� V
P:i�C. `P&rC
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TELEPHONE
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TREVCO
ENVIRONMENTAL* MAINTENANCE * CONSTRUCTION
2020 Howard Gap Road
Hendersonville,N .28792
Phone[phone]
Fax[phone]
7/8/15
NPDES Compliance Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1617
In regard to Notice Of Violation and Assessment of Civil Penalty Case LV-2015-0099 for
Pine Park Retirement Inn(permit#NC0069370)we request remission and offer the
following explanation:
The violation was promptly abated and does not seem to be an ongoing problem.The
effluent lift station and chlorine contact was pumped to remove any residual leaves as this
is a heavily wooded location. This is an ongoing challenge.Also challenging is the fact
that we must keep the chlorine residual down to a level that that can be removed by
dechlorination to remain in compliance with the permit chlorine limit daily maximum of
28ug/L(28 parts per billion).
Your understanding in this matter will be greatly appreciated.
If I can be of further assistance please don't hesitate to call.
Sincerely,
c//J/ct, C""`�
Trevor C.McMinn