NC0071005_LV20160165 Justification for Remission Request_20160909

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0165 County: Polk
Assessed Party: Lynnbrook Estates Homeowners Assoc
Permit No.: NC0071005 Amount Assessed: $312.94
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 (Le., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: Ate al/each-co(
RECEIVED/NCDEQ/DVVR
SEP 092016
Water Quality
Permitting Section

f 1 ,
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
Lynnbrook Estates Homeowners Assoc )
Lynnbrook Estates WWTP )
)
PERMIT NO.NC0071005 ) CASE NO. LV-2016-0165
Having been assessed civil penalties totaling$312.94 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated August 25,2016,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(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 ,Aep-lei11_b " "1 , 20 �G
gua,,t,--
4/IWO
SIE
ADDRESS
James&James
Environmental Management, Inc.
P. O. Box 519
Mount,in fl^ma,NC 28758
TELEPHONE
g2 'GPM -6663

i'i`" ° JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
4,4 ��® PO BOX 519, MOUNTAIN HOME,NC 28758
ANA s'���/ [phone] OFFICE
v,� ��' [phone] FAX
—maSeptember 7,2016
Surface Water Protection Section
Asheville Regional Office
2090 U.S.Highway 70
Swannanoa,NC 28778
RE: Lynnbrook Estates WWTP
NPDES Permit
No.NC0071005
LV-2016-0165
Dear Mr.Davidson,
This letter is in response to the above NOV dated August 25, 2016 and received by James & James on or
about September 6,2016. The violation was for the month of January 2016.
This NOV was based solely upon an Act of God. The facility received a torrential rainfall and a flash flood
the end of December 28, 2015. The facility went under water and much sand and debris was placed into
the facility. The water overcomes the facility by some 3-4 feet. Due to this fact, the electrical portion of
the facility had to dry out before the facility could be restarted. Once the facility was accessible, our
maintenance assessed the damage and repaired or replaced the inoperable components. This included the
wiring to the panel and cleaning the contactor. The facility continued to trip out and the 40 amp breaker
was replaced and the contactor cleaned again.
Mike's Septic was contacted,and once the ground dried enough to get the pump truck back out,he pumped
3600 gallons and brought back in a load of seed.
This rain was neither expected nor predicted in advance. The warning was received about 30 minutes
before the event occurred from the Weather Service. There were no advanced procedures that we could
have performed to have prevented this issue. The owner of the facility was quick to approve any and all
necessary repairs to the facility and those repairs occurred as it was safe to proceed.
We would appreciate consideration of any assessments.
Thank you for your attention to this matter.
ith highest regards,
nita James