NC0071897_LV20160179 Justification for Remission Request_20160909

JUSTIFICATION FOR RENUSSION REQUEST
Case Number: LV -2016-0179
Assessed Party: hfizpah Healthcare Inc
Permit No.: NCO071897
County: Henderson
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. 14313-282.l(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
V (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: /L, , GG'G� Z� vC
RECEIVEDINCDEQIDVVR
SEP 0 9 2016
Water Quality
Permitting Section

r
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Mizpah Healthcare Inc )
Henderson's Assisted Living WWTP )
PERMIT NO. NCO071897 ) CASE NO. LV -2016-0179
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 31, 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 jtb day of ,Z&01�, 20_t&
SIGNAIXJRE
ADDRESS
Environmental Management, Inc.
P. O. Box 519
Mountain Home NC 23758
TELEPHONE
�7S-1A9. 06 .3

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INI
t ,
.� PO BOX 519, MOUNTAIN HOME, NC 28758
697-0063 OFFICE
[phone] FAX
September 7, 2016
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Henderson's Assisted Living
NPDES Permit No. NC0071897
NOV-2016-LV-0179
Dear Mr. Davidson,
This letter is in response to the above NOV dated January 8, 2016 and received by James & James on or
about January 25, 2016. The violation was for the month of August, 2015.
This facility experienced a time of partial blockages in the collection system that would clear itself and
send very septic water in to the facility; thereby causing a shock load of BOD uncommon to this facility.
The owner was notified and each time would search the system to no avail. During the end of the week of
the 180, the line blocked completely allowing only the few assisted living homes to discharge to the
facility. The blockage was found over the weekend and the shock load of BOD and flow entered the
facility.
The facility was wasted to the digester and Soda Ash was added to increase the pH to normal range. The
facility was placed on Hand to aide in the reduction of BOD and Ammonia Nitrogen.
The effluent had no odor or questionable appearance. The operator had no reason to believe that the
effluent was out of limits. As is evident, the facility struggled the entire month with the limits set forth in
the permit. All of the collection lines were jetted and from the first sample in September to present has not
experienced any additional elevated results.
We would appreciate consideration of any assessments.
Thank you for your attention to this matter.
With highest regards,
u����
anita James