NC0036641_LV20160176 Justification for Remission Request_20160909

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JUSTIFICATION FOR REMISSION REQUEST RECEIVEDINCDEWWR
Case Number: LV -2016-0176
Assessed Party: Fletcher Academy Inc
Permit No.: NCO036641
SEP 0 9 2016
County: Henderse�Water Quality
rmitting Section
Amount Assessed: $1,112.94
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. § 14313-282.1(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);
AZ (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' ed

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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
Fletcher Academy Inc )
Fletcher Academy WWTP )
PERMIT NO. NCO036641 ) CASE NO. LV -2016-0176
Having been assessed civil penalties totaling $1,112.94 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 30, 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 Z&4"." .20 %
odua
SIGNATURE
ADDRESS
,'mronmental Management. Inc.
Box 519
Mountain Home, NC 2.3758
TELEPHONE
1OZ112T&IO 466 2)

JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
September 7, 2016
Water Quality Operations Center
Asheville Regional Office
2090 U.S. Highway 70
Asheville, NC 28778
RE: Fletcher Academy, Inc
NPDES Permit No. NCO036641
Tracking Numbers: NOV-2016-LV-0176
Dear Mr. Davidson,
This letter is in response to the above NOV for Fletcher Academy, Inc. dated August 30,
2016. The NOV is for a BOD discharged from the lagoon during March 2016. This
NOV was received by James & James on or about September 6, 2016.
As you are aware, this facility is a fully functioning waste water system and is being
operated in such a manner during the evaluation process of change. Operational changes
are occurring on a methodical basis to ensure that whatever change does affect the system
in a positive manner is obvious and understood. Since this is a 30 day lagoon, changes
made to the influent do not reflect in the effluent until a month later. Therefore, changes
have been slow and steady. Process control samples are being taken and have been for
numerous months on a weekly basin to follow the progression of the wastewater
throughout the facility.
Methodical steps are being taken to continue to improve the effluent of the lagoon. Also
as is evidenced by the BOD results, the process is working. The levels are lower than
previous months and as we progress through the following months, we continually reduce
BOD levels and regain compliance. We continue to press to the goal of compliance. We
would appreciate your consideration of fines. The Academy is also still working with
alternate methods of treating the waste water from this site to ultimately achieve and
maintain compliance at this facility.
Each month the facility easily maintains and performs higher than 85% BOD removal.
This month the percent removal was 92.26%. The facility was able to gain and maintain
Fletcher Academy NCO036641 Page 1

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compliance in the month of April. The operator at the facility continually monitors the
pH range and adds Soda Ash on a daily basis. The site staff ensures that the aerators are
all operating properly and repairs any issues immediately. We would appreciate any
consideration of the fines.
Thank you for your understanding. With highest regards, I am
Very truly yours,
Ju rta James
Fletcher Academy NCO036641 Page 2