NC0059251_Remission Waiver LV-2020-0266_20201028

October 21, 2020
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Subject: Notice of Violation and Assessment of Civil Penalty
Case No. LV-2020-0266
Permit Number NC0059251 RECEIVED
Quail Acres Mobile Home Park WWTP OCT 2 8 zon
NCDEQIDWRINi jES
Rockingham County
Mr. Snider,
Thank you for allowing Quail Acres Mobile Home Park the opportunity to respond to the Notice
of Violation dated September 21, 2020; received October 12, 2020. Below we address the
following infractions that occurred during the month of March, 2020.
Quail Acres MHP experienced fecal coliform exceeds during this period due to complications
with the chlorine tablet feeders. It was discovered that tablets were swelling and clogging the
feeder tubes.Within the time frame that this issue occurred, treatment was impacted until
immediate awareness and corrective action could be taken. Once identified, the tubes were
cleaned,and increased monitoring of the tablet feeders was taken as a precautionary measure.

The acquisition of larger tablet stacks has been brought into consideration to prevent future
issues.
We believe that the following errors have been taken seriously by our staff and ameliorated in a
thorough and timely matter.The incidents under review have been noted so that we can best
maintain optimal procedure and avoid future noncompliance. It is always the goal of Quail Acres
Mobile Home Park to remain in compliance with regulations set forth by the Division of Water
Resources. It is our request that our cooperation and action in these matters be taken into
account by the Division when proceeding with enforcement.
Sincerely,
Lee Simaan
CC:
Robert White, Envirolink
Joshua Powers, Envirolink

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0266 County: Rockingham
Assessed Party: Lee Simaan
Permit No.: NC0059251 Amount Assessed: $525.72
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);
x (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);
x (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 peiforming tire activities necessary to achieve
compliance).
EXPLANATION:
Quail Acres MHP experienced fecal coliform exceeds during this period due to complications with the chlorine tablet
feeders. It was discovered that tablets were swelling and clogging the feeder tubes. Within the time frame that this issue
occurred, treatment was impacted until immediate awareness and corrective action could be taken. Once identified, the
tubes were cleaned, and increased monitoring of the tablet feeders was taken as a precautionary measure. The
acquisition of larger tablet stacks has been brought into consideration to prevent future issues.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ROCKINGHAM
EN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST 1 ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Lee Shuns*
Quail Acres MobBe House Park
PERMIT NO.NO3059251 CASE NO. 1,V- '
Having been ass,-Issed civil penalties totaling$52.5.72 for violation(s)as set forth in the assessment document oldie Division
of Water R arLt Is dated September 16.2020,the undersigned,desiring to seek remission oldie civil penalty,does hereby
waive the right to an administrative hearing in the above-stated matter and does stipulate that the fads are as alleged in the
assessment document. The undersigned further understands that all evidence prescnted in support of remission of this civil
penalty must be submitted to the Dinx-tor of the Division of Water Resources within thirty(30)days of receipt of the notice
of ass... iiic4it. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
nonce of assessFars_
Thts the I tU' '7 Cidki)—(4-day of OC TO 20
SIGNATURE
ADDRESS
c
RECEIVED
OCT 2 8 ,Vo 7 5-se
IVCDEcy
DWR/NPDES
TELEPHONE

„a:STATE”S,.
Fir qr"' •V
ROY COOPER 11, I-g`
Governor �,� Y ,'
MICHAEL S.REGAN ,, . "*13.'r - y
Secretary -..,.,,',,,,-
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Certified Mail#7017 1450 0001 6450 0320
Return Receipt Requested
September 21,2020
Lee Simaan
Lee Simaan
PO Box 549 c��++c
Summerfield,NC 27358-0549 RECEIVED
OCT 2 u 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6) NCDEQIDWRINPDES
and NPDES WW Permit No.NC0059251
Lee Simaan
Quail Acres Mobile Home Park
Case No.LV-2020-0266
Rockingham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$525.72($400.00 civil penalty
+$125.72 enforcement costs)against Lee Simaan.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by Lee Simaan for the month of March 2020. 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.NC0059251. The
violations,which occurred in March 2020,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Lee Simaan violated the terms,conditions or
requirements of NPDES WW Permit No.NC0059251 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).
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DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Lee Simaan
Facility Name: Quail Acres Mobile Home Park
Permit Number: NC0059251
County: Rockingham
Case Number: LV-2020-0266
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;
Moderate
2) The duration and gravity of the violation;
Moderate
3 The effecton c ground or surface water quantity or quality or on air quality;
Moderate
4) The cost of rectifying the damage;
$0, no action was taken to rectify the damage.
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
The Division does not allege the permittee committed the violation(s)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
The permittee has had 7 other similar violations over the past 12 months.
8) The cost to the State of the enforcement procedures.
$125.72
,--DocuSigned by:
9/21/2020 T Stiidc�
145849E225C94EA_.
Date Lon T.Snider,Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources,NCDEQ

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,1,Lon T.
Snider,Regional Supervisor,Winston-Salem Regional Office hereby make the following civil penalty assessment against
Lee Simaan:
$200.00 2 of 2 violations of G.S. 143-215.1(a)(6)and Permit No.NC0059251,by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Coliform,Fecal MF,
MFC Broth,44.5 C
$200.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0059251,by discharging waste water
into the waters of the State in violation of the Permit Monthly Geometric Mean for Coliform,Fecal
MF,MFC Broth,44.5 C
$400.00 TOTAL CIVIL PENALTY
$125.72 Enforcement Costs
$525.72 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