NC0059536_LV-2018-0216_20180827

DIVISION OF WATER RESOURCES- CIVIL PENALTY ASSESSMENT
Violator: Tisha T Tuttle
Facility Name: Hilltop Living Center WWTP RECEIVED/DENRIDWR
Permit Number: NC0059536 SEP 0 5 2018
County: Davidson
Case Number: LV-2018-0216 Water Resources
Permitting
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State,to the public health,or to private
property resulting from the violation;
The degree and extent of harm is minimal to none.
2) The duration and gravity of the violation;
The facility has violated the monthly average limit for BOD in April for each of the past 4 years (2015,2016,2017, and
2018).
3) The effect on ground or surface water quantity or quality or on air quality;
There is no effect on ground water quality or quantity, or on air quality. Effect on surface water is presumed small.
4) The cost of rectifying the damage;
The cost of rectifying damage is minimal to none.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;
The violation is not known to have been committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
Please refer to the attached report. Facility has an extensive record of noncompliance and to date has not presented any plan
to address these issues other than adjusting recirculation.
8) The cost to the State of the enforcement procedures.
$54.20
i Z ,04,..„-v--, ,g,..,(7),:,e.,F
Da a Sherri V.Knight,P.E.
g nal Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ

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Table 1. NC0059536 Actioned Violations,4/2015 to 6/2018
PARAMETER • VIOLATI,UNDATE; VIOLATION TYPE: VIOLATION ACTION'
:BO `D'a , 20 De' '.0 :Concentration:` ;0410/20157. DaiG'"rMaxiiiium Eic _
--=-- -_---- - -- - ----------------- --- • ....Y.==------ . ,_ ceedetl�=�=T��.-:�1?;r_,oceecf-to,NOV °;-°'::;.
BOD, 5-Day(20 Deg. C) -Concentration 04/30/2015 Monthly Average Exceeded Proceed to NOV
Oxygen,`rDissolved,(DO}y, ':10/10/2015 -Fregixency;Violation== A•.M, P;roceedto NOV
Oxygen, Dissolved (DO) 10/17/2015 Frequency Violation _ Proceed to NOV
B.OD,5-Day(2U;Deg;;,C)y Concentration ry ;.10122/2015 .Daily,Maxiriiiim Exceeded:;`, ?roceedtoxNOV=. Ytn', F;
Oxygen, Dissolved (DO) — — 10/24/2015 Frequency Violation Proceed to NOV
Oxygen;„Dissolved,(DO) �� "1`0131/2015 FrequericyViolatiorr.`
Nitrogen, Ammonia Total (as N) - 10/31/2015 Monthly Average Exceeded Proceed to NOV
Concentration __
"BOD,5-Day'(2&DegC) -Concentration.' ` '12115/201 ";Daily Maximum;Exceeded, •
Proceedato NOVt:.
Coliform, Fecal MF, MEG Broth, 44 5 C 01/27/2016 Daily Maximum Exceeded Proceed to NOV
5-Day-(20peg;,C),=-.Concentration __ 61/31/2016- -MortthiyAverage"Exceeded`_ Proceed'to NOV
BOD, 5-Day (20 Deg. C) -Concentration 04/06/2016 Daily Maximum Exceeded Proceed to NOV
BOO 5 Day.(20.Deg. C)-Coricentration. 04119/2016,:,e=fDaily Maximumu Exceeded ;Proceed..to NOV: ;.`v
BOD, 5-Day(20 Deg. C) - Concentration 04/30/2016 Monthly Average Exceeded Proceed to NOV
•.Coliform,"Fecal MF MFC Broth,`'4'4;5,C - ;12/08/2016. DailyYMaximum''Exceeded "Proceed.to..NOV "`
BOD, 5-Day (20 Deg. C) -Concentration 04/06/2017 Daily Maximum Exceeded _ Proceed to NOV
BOD, 5-Day(20Deg:C)-Concentration • -06102/2.017 Daily Maximum Exceeded _'`Proceed`Eo-NOV-,__
Coliform, Fecal ME, MFC Broth, 44.5 C 08/16/2017 Daily Maximum Exceeded Proceed to
Enforcement Case _ _
Coliform; Fecal MF, MFC Broth,44.5 Cr.,• t 08118/20'17 -Daily Maxirrium.•Exceeded-x,,a Pr'oce`ed'to. ,„`n71,
Enfoicement Case”
Nitrogen, Ammonia Total (as N) - 08/31/2017 Monthly Average Exceeded Proceed to
Concentration Enforcement Case
Nitrogen;.Arrimo_nia Total (as N) 10/31.12017 4Monthly,Average Exceeded Proceed.*:—''
Concentration - " t � v ,--Enforcement Case
• Coliform, Fecal ME, MFC Broth, 44.5 C _01/02/2018 Daily Maximum Exceeded _Proceed to NOV
Colifarrn, Fecal.NGF; MFC Broth,-44.56C°m ^ -7-01/08/2018-r Daily Maximum Exceeded w~ ° `Proceed to
Coliform, Fecal MF, MFC Broth, 44.5 C 01/12/2018 Daily Maximum Exceeded Proceed to NOV
^BOD, 5-Day(20-Deg ^C)-:-"`Concentr`ation " h :0,4/30/2018:; Monthly';Average Exceeded ;Proceed:.to==. :;. _ ,
- . - _ - • - - -Enforeenient.Case.

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ROY COOPER NORTH CAROLINA
as p Environmental Quality
MICHAEL S_REGAN
3ssr ray
LINDA CULPEPPER
Interim Director
Certified Mail#7013 1710 0002 1922 2095
Return Receipt Requested
August 27,2018
Tisha T Tuttle
1025 Lamb Rd
Lexington,NC 27292
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No.NC0059536
Tisha T Tuttle
Hilltop Living Center WWTP
Case No. LV-2018-0216
Davidson County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$366.70 ($312.50 civil penalty
+$54.20 enforcement costs)against Tisha T Tuttle.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Tisha T Tuttle for the month of April 2018. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.NC0059536. The
violations,which occurred in April 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Tisha T Tuttle violated the terms, conditions or
requirements of NPDES WW Permit No.NC0059536 and G.S. 143-215.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be
assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
DEQ 1
eortettetxt
North Carolina Department of Environmental Quality I Division of Water Resources
450 West Hanes Mill Road,Suite 300,Winston-Salem,NC 27105
336-776-9800

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Sherri V.
Knight,Regional Supervisor, Winston-Salem Regional Office hereby make the following civil penalty assessment against
Tisha T Tuttle:
$312.50 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0059536, by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for BOD,5-Day(20 Deg.
C)-Concentration
$312.50 TOTAL CIVIL PENALTY
$54.20 Enforcement Costs
$366.70 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State,to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty(30) days of receipt of this notice,you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality(do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved,the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b)was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions(Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed"Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form within thirty(30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed"Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty(30)days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile(fax)or electronic mail by an attached file(with restrictions)-provided
the signed original, one(1)copy and a filing fee(if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven(7)business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh,NC 27699 6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,North Carolina 27699-1601 •
Please indicate the case number(as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty(30) days of receipt of this letter, as evidenced by an internal
date/time received stamp(not a postmark),will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions,please contact Paul DiMatteo with the Division of Water Resources staff of the Winston-Salem
Regional Office at(336)776-9691 or via email at [e-mail].
Sincerely,
j .�=
Sherri V. Knight, P.E., Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS: Justification for Remission Request,Administrative Hearing Waiver, Attachment"A"
Cc: WQS Winston-Salem Regional Office-Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File
Ce4l F;les

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2018-0216 County: Davidson
Assessed Party: Tisha T Tuttle
Permit No.: NC0059536 Amount Assessed: $366.70
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 (Le., 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 DAVIDSON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINIS'1'RATIVE HEARING AND
) STIPULATION OF FACTS
Tisha T Tuttle )
Hilltop Living Center WWTP )
)
PERMIT NO.NC0059536 ) CASE NO. LV-2018-0216
Having been assessed civil penalties totaling$366.70 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated,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 , 20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Tisha T Tuttle
CASE NUMBER: LV-2018-0216
PERMIT: NC0059536 REGION: Winston-Salem
FACILITY: Hilltop Living Center WWTP COUNTY: Davidson
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
4/30/2018 4-2018 BOD, 5-Day(20 Deg. 2 X month mg/I 5 6 71 34 2 Monthly $312.50
C)-Concentration Average
Exceeded