WQ0013808_PC-2019-0042_20190724 (2)

STATE OF NORTH CAROLINA
COUNTY OF GUILFORD
IN THE MATTER OF:
KOTIS PROPERTIES, INC
FOR VIOLATIONS OF
Permit No. WQ0013808
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALIY
FILE NO. PC-2019-0042
FINDINGS AND DECISION AND
ASSESSMENT OF CIVIL PENALTIES
Acting pursuant to North Carolina General Statutes (N.C.G.S.) 143-215.6(A) and the
delegation provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water Resources, I, Lon Snider, Environmental Program Supervisor
for the Winston-Salem Regional Office of the Division of Water Resources (DWR), make the
following:
I. FINDINGS OF FACT:
A. Kotis Properties, Inc. is a corporation organized under existing laws of the State of
North Carolina. Kotis Properties, Inc. owns and operates the Summerfield Shopping
Center WWTF at 4548 US Highway 220 N, Summerfield, North Carolina, Guilford
County.
B. The Summerfield Shopping Center WWTF consists of a 3,600 gallon per day (GPD)
wastewater treatment and irrigation system consisting of a 1,500 gallon grease trap, a
3,000 gallon baffled septic tank with effluent filter, a 5,000 gallon septic tank, a 9,000
gallon sand filter dosing pump station with two 3-horsepower (hp) pumps, a 2,500
square foot (ft2) recirculating sand filtration system with a low-pressure pipe (LPP)
distribution system, two wetland cells, a level control/flow splitter box, a tablet
chlorinator, a 360 gallon baffled chlorine contact chamber, a nine -foot diameter wet -
well with duplex 70 gallon per minute (GPM) pumps and on -site visual/audible high-
water alarms, an on -site emergency generator with an automatic transfer switch, a level
control/flow splitter downstream of the southern wetland unit, a 750 gallon wet weather
storage pond pump station with 35 GPM submersible pumps and audible/visual high-
water alarms, a 550,000 gallon lined wet -weather storage pond, a precipitation sensor,
three disc filters in series and a 1.40 acre drip irrigation system containing three zones,
and all associated piping, valves, controls, and appurtenances.
C. Permit No. WQ0013808 was issued to Kotis Properties, Inc. on August 29, 2018 with
an expiration date of July 34, 2023.

D. On March 30, 2019, DWR staff conducted an announced, routine compliance
inspection of the Summerfield Shopping Center WWTF and Permit WQ0013808. The
inspection determined that violations of Permit No. WQ0013808 had occurred at the
facility.
E. Permit Condition II. 4 prohibits the exceedance of application rates specified within
Attachment B. The 12-month floating total was in exceedance of the permitted limit in
all three application zones.
F. Permit Condition III. 4 requires that adequate measures be taken to prevent ponding
and runoff of irrigation zones. Evidence of ponding was documented by DWR staff
within Zone 2 of the drip irrigation system.
G. Permit Condition III. 5 prohibits the use of the drip irrigation system during inclement
weather or when the ground is in a condition that may cause ponding or runoff.
Irrigation events were recorded prior to, during, and after a 12-inch recorded snow
event.
H. Permit Condition III. 9, requires that public access be restricted from the wastewater
treatment system, including application areas. DWR staff noted that fencing along the
Hwy 220 portion of the facility did not restrict access at the road into the wastewater
treatment facility.
I. Permit Condition III. 11 prohibits the diversion or bypass of untreated or partially
treated wastewater from the treatment facilities. DWR staff documented the sand filter
treatment unit overflowing into the wet weather storage pond, therefore bypassing
further treatment in the sand filter, wetland treatment cells, and final chlorination.
J. Permit Condition IV. 5(g), requires that adequate records be kept and that those records
include weather codes. Onsite records and self -monitoring data continuously missed
weather codes for each date reporting irrigation.
K. On April 30, 2019, the Division issued a Notice of Violation/Notice of Intent to
Enforce (NOV/NOI) to Kotis Properties, Inc. identifying the above described violations
of Permit No. WQ0013808.
L. The NOV/NOI was sent by certified mail, return receipt request and received on May 9,
2019.
M. On May 20, 2019, DWR received a letter via email from Kotis Properties, Inc. in
response to the April 30, 2019 NOV/NOI.
N. Staff costs and expenses associated with detecting the violations, defining their nature
and extent and bringing enforcement action totaled $564.88.
Based upon the above Findings of Fact, I make the following:

II. CONCLUSIONS OF LAW:
A. Kotis Properties, Inc. is a "person" within the meaning of N.C.G.S. 143-215.6(A)
pursuant to N.C.G.S. 143-212(4).
B. Permit No. WQ0013808 is required by N.C.G.S. 143-215.1. This permit was issued to
Kotis Properties, Inc. on July 19, 2016 and expires November 30, 2021.
C. Kotis Properties, Inc. violated 15A NCAC 02T .0505(c) and Permit No. WQ0013808
to the manner and extent as described in Permit Condition II.4 when it exceeded yearly
maximum hydraulic loading rate on all application fields.
D. Kotis Properties, Inc. violated Permit No. WQ0013808 to the manner and extent as
described in Permit Condition IIIA when ponding occurred within the irrigation zone.
E. Kotis Properties, Inc. violated Permit No. WQ0013808 to the manner and extent as
described in Permit Condition III.5 when the system continued to operate during
inclement weather conditions.
F. Kotis Properties, Inc. violated 15A NCAC 02T .0505(q) and Permit No. WQ0013808
above to the manner and extent as described in Permit Condition III.9 above when it
failed to prohibit public access to the wastewater facility.
G. Kotis Properties, Inc. violated Permit No. WQ0013808 to the manner and extent as
described in Permit Condition III.11 above when it allowed a diversion or bypass of
untreated or partially treated wastewater.
H. Kotis Properties, Inc. violated Permit No. WQ0013808 to the manner and extent as
described in Permit Condition IV.5(g) above when it failed to maintain adequate
records to include weather codes.
I. N.C.G.S. 143-215.6A(a)(2) provides that a civil penalty of not more than $25,000.00
may be assessed against a person who fails to apply for or to secure a permit required
by N.C.G.S. 143-215.1, or who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit required by N.C.G.S. 143-215.1.
J. N.C.G.S. 143-215.6A (b) provides that if any failure to act as required by the rules is
continuous, a civil penalty of not more than $25,000.00 per violation may be assessed
for each day the violation continues.
K. N.C.G.S. 143-215.3(a)(9) provides that the reasonable costs of any investigation,
inspection or monitoring survey may be assessed against a person who violates any
regulations, standards, or limitations adopted by the Environmental Management
Commission or violates any terms or conditions of any permit issued pursuant to
N.C.G.S. 143-215.1, or special order or other document issued pursuant to N.C.G.S.
143-215.2.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISIONS
Pursuant to N.C.G.S. 143-215.6A in determining the amount of the penalty, I have taken
into account the Findings of Fact and Conclusions of Law and considered all the factors listed in
N.C.G.S. 14313-282.1.
Accordingly, Kotis Properties, Inc. shall be, and hereby is, assessed a civil penalty of:
$ 1500 for violation(s) of N.C.G.S. 143-215.1 and Permit No.
WQ0013808, Condition II. 4, by exceeding permitted application
rates.
$ 0 for violation(s) of N.C.G.S. 143-215.1 and Permit No.
WQ0013808, Condition III. 4, by failing to prohibit ponding
within irrigation zones.
$ 1000 for violation(s) of N.C.G.S. 143-215.1 and Permit No.
WQ0013808, Condition III. 5, by failing to cease irrigation during
inclement weather.
$ 0 for violation(s) of N.C.G.S. 143-215.1 and Permit No.
WQ0013808, Condition III. 9, by failing to restrict public access.
$ 2 000 for violation(s) of N.C.G.S. 143-215.1 and Permit No.
WQ0013808, Condition III. 11, by allowing a bypass of untreated
or partially treated wastewater.
$ 500 for violation(s) of N.C.G.S. 143-215.1 and Permit No.
WQ0013808, Condition IV. 5(g), by failing to maintain adequate
records.
$ 5 000 TOTAL CIVIL PENALTY which is _<5_ percent of the
maximum penalty authorized by N.C.G.S. 143-215.6A.
$_ _564.88 Investigation costs assessed
S 5,564.88 TOTAL AMOUNT DUE

Pursuant to N.C.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 N.C.G.S. 14313-
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 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.
IV. NOTICE:
I reserve the right to assess civil penalties and investigative costs for any continuing
violations occurring after the assessment period indicated above. Each day of a continuing
violation may be considered a separate violation subject to a maximum $25,000.00 per day
penalty. Civil penalties and investigative cost may be assessed for any other rules and statutes for
which penalties have not yet been assessed.
V. TRANSMITTAL:
These Findings of Fact, Conclusions of Law and Decision shall be transmitted to Kotis
Properties, Inc. in accordance with N.C.G.S. 143-215.6(A)(d).
7/24/2019
(Date)
Docu Siiggned by:
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Lon Snider