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HomeMy WebLinkAboutNC0082716_LM20170032 Remission Request_20171114JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 519, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE ► :697-0065 FAX RECEIVED/aINCDEQ/DWR NOV 1 4 2017 November 8, 2017 Permitting as��ypn Surface Water Protection Section Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 RE: Wolf Laurel Property Owners Association WWTP NPDES Permit No. NCO082716 Case No: LM -2017-0032 Dear Mr Davidson, This letter is in response to the above referenced case number for Wolf Laurel Property Owners Association dated October 13, 2017 and received by James & James on or about October 16, 2017. The violation was for the month of July, 2017 This facility has an incredibly low flow for the size facility it is. In the summer months there are two homes and one lift station that serves a security office (1 staff) and a Club House (1-2 persons). The influent lift station contains the flow and doses about 1 time per week into the facility In the hottest part of the summer the ammonia nitrogen did not break down to compliance levels. The 30 minute chlorine contact tank can vary from 30 minutes to several days As you are aware, chlorine dissipates the longer it sets. The operator has no control over when the equalization basin doses nor does he have a way to know if it occurred while he was off site In order to accommodate the fecal coliform the chlorine tablets were increased. To meet the ammonia levels, additional time was added to the clock. This presents additional issues with shearing the flock resulting in elevated Total Suspended Solids The operator monitors this system closely We thank you in advance for the time and effort this review entails. We would greatly appreciate consideration of this fine Thank you, , p G�(3C�lcJc J to James JUSTIFICATION FOR REMISSION REQUEST Case Number: LM -2017-0032 County: Madison Assessed Party: Wolf Laurel Property Owners Association Permit No.: NC0082716 Amount Assessed: S568.68 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.I(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are lasted an the cavil penalty assessment document), Q (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 (h e , explain how payment of the civil penalty will prevent you from pea forming the activities necessary to achieve compliance). lEXPLANA')eION• 04w-VeA STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MADISON - -- - IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Wolf Laurel Property Owners Association ) Wolf Laurel POA W-WTP ) PERMIT NO. NCO082716 ) CASE NO. LM -2017-0032 Having been assessed civil penalties totaling $568.68 for violation(s) as set forth in the assessment document of the Division of Water Resources dated October 13, 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 1 day of (/�Y( , 20I'l SIGMA ADDRESS TELEPHONE