NC0085952_Remission Request (LV-2016-0167)_20160909

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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0167
Assessed Party: T A Operating LLC
Permit No.: NCO085952
County: Buncombe
Amount Assessed: $562.94
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 -282.1(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 necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: A O#rdu. v RECEIVED/N^DEWWR
SEP 0 9 2016
Water Quality
Permitting Section

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BUNCOMBE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
T A Operating LLC )
Candler Travel Center WWTP 1
PERMIT NO. NCO085952 ) CASE NO. LV -2016-0167
Having been assessed civil penalties totaling $562.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 26, 2016, 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 �ba6foAn 20&_
J'Q4 rw &13
SIGNAT
ADDRESS
James & James
Environmental management, Inc.
P. O. Box 519
Mountain Hcrr l!, ,
TELEPHONE
2S -(rct") o0";3

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
„ PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
September 7, 2016
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Candler Travel Center WWTP
NPDES Permit No. NCO085952
NOV-2016-LV-00167
Dear Mr. Davidson,
This letter is in response to the above NOV dated August 26, 2016 and received by James & James on or
about September 6, 2016. The violation was for the month of April, 2016.
The NOV was in reference to elevated BOD -5 Day results. There were two exceedances for the daily max
and a monthly violation. The facility changed very quickly with the temperature change and the operator
also made changes with the facility. The facility was pumped by Mike's Septic Tank Company and time
was added to the clock to combat the waste strength. In addition to the above, we had already placed on
order additional sand and anthracite which was added to the tertiary filters upon arrival.
The facility regained compliance for the month of May, 2016.
This facility has been running exceptionally well and we would appreciate any consideration of
assessments.
Thank you for your attention to this matter.
With highest regards,
J ita James