NC0066362_LV20160171 Justification for Remission Request_20160909

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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0171
Assessed Party: Nathan D Benson
Permit No.: NCO066362
SEP 0 9 2015
Water Quality
County: Iieh8e gn q Section
Amount Assessed: $212.94
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: &t Q /&tc"

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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
Nathan D Benson )
Benson Apartments )
PERMIT NO. NC0066362 ) CASE NO. LV-2016-0171
Having been assessed civil penalties totaling $212.94 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 29, 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 174�b day of
SIGNATILIKE
ADDRESS
Iwnes & 12mes
Environmental Management, Inc.
Mountain Nome, NC 2.8758
TELEPHONE
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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: Benson Apartments W WTP
NPDES Permit No. NCO066363
NOV-2016-LV-0171
Dear Mr. Davidson,
This letter is in response to the above NOV dated August 29, 2016 and received by James & James on or
about September 6, 2016. The violation was for the month of April, 2016.
This facility has a history of elevated BOD and Ammonia Nitrogen. Despite the dispersing of literature
regarding what items can be sent to the facility, the tenants continue to periodically send items that are not
friendly to the waste water facility. The owner, Mr. Benson, and James & James work closely to prevent
these events from occurring. As the numbers rise, correspondence is sent to the residents reminding them
of how sensitive a wastewater system is.
For the month of April, 2016 the percent removal was 93.62% and on the day of infraction the percent
removal was 88.04%. Both of these removal rates were greater than the 85% removal rate established by
the Permitting Division. The facility operates at its well within the potential of extended air facilities.
We would appreciate consideration of any assessments.
Thank you for your attention to this matter.
With highest regards,
Juanita James