NC0066362_LV20170021_20170204

February 4, 2017
JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC
PO BOX 519, MOUNTAIN HOME, NC 28758
[phone] OFFICE
[phone] FAX
Surface Water Protection Section
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
RE: Benson Apartments WWTP
NPDES Permit No. NCO066363
Case Number: LV -2017-0021
Dear Mr. Davidson,
PSENEDINCDEO DDR
FEB 09'N17
Water Opermiting eityora
This letter is in response to the above NOV dated January 20, 2017 and received by James & James on or
about February 3, 2017. The violation was for the month of August, 2016.
This facility has a history of influent grease and cleaning products. 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 August, 2016 the facility experienced a couple of issues that caused the facility to
experience elevated Total Suspended Solid results. First, the effluent pump became inoperable causing the
treatment plant to back up and not discharge. We did not have an overflow condition because the facility
was capable of containing the typical discharge and the event was found and corrected in a reasonable
amount of time. This did cause the solid concentration to rise, however. In addition, the facility had
encountered elevated amounts of grease. Grease weighs heavy on a filter plate. The facility was pumped
of 7000gallons and was reseeded with 3500 gallons. This change and the replacement of the sewer lift
pump did allow the facility to regain compliance but not without having elevated results.
Since the owner is very conscientious of the system and its needs and is proactive with regard to the
clientele we respectfully request consideration of the assessment.
Thank you for your attention to this matter.
With highest regards,
Juanita James

i; RECEIVED 02/0212017 04:46PM
Feb 0217, 05:36p NBB 8286931302 p.3
JUSTIFICATION FOR RENIISSION REQUEST
Case Number: LV -2017-0021 County: Henderson
Assessed Party: Nathan D Benson/ Benson Apts. WWTP
Permit No.: NCO066362 Amount Assessed: S666.62
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 maybe 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 (ke., 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 unavoidahle or
somethingyou could notprevent 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 penally will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
S e e A -14 aehe&

j' � . . 4
Feb 0617, 03:59p NBB
RECEIVED 02106/2017 03:09PM
8286931302 p.1
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF HENDERSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVEL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Nathan D Benson )
Benson Apartments WWTP )
PERMIT NO. NCO066362 } CASE NO. LV -2017-0021
Having been assessed civil penalties totaling $666.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 20, 2017, 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
LAX 0— no, anu/
SIG\ ATURE
ADDRESS
TELEPHONE
8ZO-Gg7- 0063