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
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