NC0071897_LV20170096&0119 Remission Request_20170522

May 11, 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: Henderson's Assisted Living WWTP
NPDES Permit No. NCO071897
Case Number: LV -2017-0096
Case Number: LV -2017-0119
RECEIVEDUDEWWR
MAY 19 2017
Dear Mr. Davidson, Water Quality
Permitting Section
This letter is in response to the above NOV dated April 3, 2017 and received by James & James on or about
April 11, 2017. The violation was for the month of September, 2016. Also, in response to the above NOV
dated April 10, 2017 and received by James & James on or about April 18, 2017. The violation was for the
month of October, 2016.
The owner of Henderson's Rest Horne (Mizpah Healthcare, Inc.) has been aggressively attacking the
problems with the grease reaching the treatment plant. They have retrained the staff regarding the proper
disposal of grease. They have also installed two grease traps under the kitchen sink to catch residual
grease. In addition, they have continued to maintain the outside grease container for disposal.
This, along with careful operations at the facility, has proven to make an impact on the water quality. The
effluent is "drinking water clear" and has no odor. We believe we are heading in the right direction.
Thank you for your attention to this matter.
With highest regards,
Juanita James

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0096
Assessed Party: Mizpah Healthcare Inc
Permit No.: NCO071897
County: Henderson
Amount Assessed: $816.62
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. § 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: Av 6140 cu -d-

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 -2017-0096
Having been assessed civil penalties totaling $816.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 03. 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 L 20_0_
SIGNATURIE
ADDRESS
TELEPHONE
9'N - lAl - b0e_3

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0119 County: Henderson
Assessed Party: Mizpah Healthcare Inc/ Henderson's Assisted Living WWTP
Permit No.: NC0071897 Amount Assessed: $741.62
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. § 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•

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF BENDERS ON
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 -2017-0119
Having been assessed civil penalties totaling $741.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated A ril _ 10, 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 fiuther 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 _ i D Y of da q
_ l 20
�C 2
SIGNA RE
ADDRESS
TELEPHONE
�n �A-1 vz,(-3