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Home My WebLink AboutNC0023191_Enforcement_20160809Certified Mail #7015 1520 0002 6984 7771 Return Receiiat R_fflIv_sted, August 09, 2016 David L Millsaps PO Box 1143 Statesville, NC 28687-0827 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute(G.S.) 143-215.I(a)(6) and NPDES WW Permit No. NCO023191 David L Millsaps Seven Cedars Mobile Home Park WWTP Case No. ill V-2016-0009 Iredell County Dear Mr. Millsaps: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $220.75 ($117.00 civil penalty + $103.75 enforcement costs) against David L Millsaps. This assessment is based upon, the following facts: a review has been conducted of the discharge monitoring report (DMIf) submitted by David L Millsaps for the month of March 2016. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDi S Wig Permit No. NC0023191, 'The violations, Which occurred in March 2016, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that David L Millsaps violated the terms, conditions or requirements of NPDES WW Permit No. NC0023191 and G.S. 143-215. l(a)(6) in the manner and extent shown in AttachmentA. In accordance with the maximums established by G.S. 143-215.6A(aX, a civil penalty maybe assessed against any person who violates the terms, conditions or requirements of a permit required by G& 143-215, I(a). 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, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby, make the following civil penalty assessment against David L Millsaps: State of Norlb Carolina I� Enviromental Quality 1 Water Resources 610 East Center Avenue. Suite 301, Mooresville, NC 28115 704-663-1699 'I $2-1-00 for I of the I failures to property monitor TOTAL N - Cone in violation of Permit No. NC O02319 1, 14-6.00 for I of the I failures to properly monitor LOTALP- Cone in violation of Permit No. NCO023191. ILI 7. 00 TOTAL CWIL PENALTY 11132-5 Enforcement Costs $22-20,75 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 GS. 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 nioney 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 tire. Department of Enviro mnental 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 • (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (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 an, y previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaimg 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 Envirownental 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, 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 ODflon 3: File a oetition for an administrative hearing with the Office of Administrot ive HearinLs: 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 am. 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 (fa filing fee is required by NCGS § 15013-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You should contact the Tiffice of Administrative Hearin with all uestiorrs re ardin the film f der the details of the film S-lrrocq�s Ls The mailing address and telephone and fax numbers for the Off -ice of Administrative licarings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition, must also be served on DE Q as follows: Mr, Sam M. f layes, 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 Wes Bell with the Division of Water Resources staff of the Mooresville Regional Office at (704) 663-2192 or via email at wes.belI@,ncdenr.gov. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc, WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File JUSTWICATION FOR REMISSION, REQUEST Cast Number: MV-2016-0009 Assessed Party: David L Millsaps Permit Nm: 1 C0023191 County: Iredell Amount Assessed: 1220.75 Please use this form when requesting remission of this civil penalty. You, must also complete the "'Request For Remission, Waiver of Right to an,4dininistrative Hearing, andStipulation of Facts" fortri to request remission of this civil penalty. You should attach arts, 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 containedin the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.I(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.](b) were wrongfully applied to the detriment of the petitioner (the assessmentfactors are fisted 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 andpreventfat ure occurrences); (c) the violation was inadvertent or a result of an accident (i.e., lairs why the violation wx unavoidable or somethin 9yore could not prevent orprepare jbr); (d) the violator had not been assessed civil penalties for any previous violations; (c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., e,rplain how payment of the civilpenal4y will prevent youfrom performing the activities necessary to achieve compliwice). EXPLA_NATION. L STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF IREDELL IN TIM MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND STIPULATION OF FACTS David L Millsaps Seven Cedars Mobile Home Park WWTP PERMIT NO. NCO023191 CASE NO. NIV-2016-0009 Having been assessed civil penalties totaling $220,75 for violation(s) as set forth in the assessment document of the Division of Water Resources dated AqgqqAj2,jill , 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 ofassessment. No new evidence in support of aremission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 20_ SIGNATURE David L Millsaps CASE NUMBER:MV-2016-0009 PERMIT: l CO0231 REGION: Mooresville FACILITY* Seven Cedars bile Florae Park VVWTP COUNTY: Iredell MONITORING G VIOLATION(S) SAMPLE LOCATION, Outfalt 001 - Efflueftt Violation Report Unit of Llrnit Calculated % Over Violation Penalty Date r Parameter Frequency Measure Value Value Limit Type Amount 1 1/2016 3-2016 Nitrogen, Total - Quarterly mgdl Frequency $71.00 Concentration Violation / 11216 3-2016 Phosphorus, Total (as Quarterly MgA Frequency .t ) - Concentration Violation USP .c m -'USPS Tracking* Fags I of English Custoww atruice USFS Mobile Register P Sign In Tracking Number- 70151 f 0002 0 4771 Updated t Wivery Cray. Monday, July 1, 2016 Product Tracking Information Postal Product Features. Certified Mal' DATE k, nME STATITS OF ITEM € 0CA TION July 23, 2016, T8,t2 am Havered, tndroid maf STAT VILLE, 28687 Picked Up at Poloai f= pity r".i£ 4L'+l'Il J..� G.,i S,ii _.3 SIg`, of #a €,V •..aki faE:iJeflj of ift �. �, x. JFS .„fly fF"t. �61� €fE .s .T� ;',.?.,^}t, t.fm ?V ,,.; :ztlk`t ...:, July 18, 20 6 16 48 am Avallabie for Nckup STATES1tUE, NC 2E68e July 18, 2016 8.35 am Available tur Pickup .` Tat TESVILLE, NC 28687 July 18, 2016 . &25 aura Arrived at Unit STATESVILLE, NC 28677 ,Drily 16, 2016 . 10,50 pre Depaned USP S Fadkly GREENSBORO, Nu 27498 Any 16. 2016 11:18 am Arrived at USFS Facxfity, GREENS8f RO, NC 27496 July 15 2016, 012 prn Depaned U PS Facility CHARLOTTE, , NC 28228 July 15, 2016, 7:59 pats Arrived as USPS Fac4dy CHARLOTTE,NC 28228 Track .Another Package "tracking for receipt) number Track it EDCustomer Service f Have questions? We're here to help, Get Easy Tracking Updates t . Stull up for. My Lip .: Available Actions Tom Updates plait Updatea Manage Incoming Packages Tr k all your packages frrarn a dashboard M €€re*,n g ilxribprs narnl5vary Sign up for My USP a tp :lltools. ps.comlgo Tr c nfi Action. c ion?t e 1tp. .c=l t — ,.. 8/9/201 PQ BOX 1141 Statesville, NC 28687 SUBJECT: N07ICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: , NOV-2016-MV-0090 Permit No. NCO023191 Seven Cedars Mobile Home Park VMTP Iredell County Dear Mr. Millsaps: A review of the March 2016 Discharge Monitoring Report (DMR)L for the subject facility revealed the violation(s) indicated below: Sample Monitoring Location Parameter Date Fr , equency Type of Violation 001 Effluent Nitrogen, Total (as N) - 3/31/2016 Quarterly Frequency Violation Concentration (CO600) 0)1 Effluent Phosphorus, Total (as P) - 3/31/2016 Quarterly Frequency Violation Concentration (CO665) State of North Carolina I Favironmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 # 0 0 If you have any questions concerning this matter or to apply for an SOC, please contact Wes Bell of the Mooresville Regional Office at 704-663-1699. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File State of North Carolina I Environmental Quality Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 Jul , Mr. David Millsaps Seven Cedars MHP PO BOx '1143 Statesville, NC 28687 Thank you, Dena flyers, President Statesville Analytical, lnc. ?O. Boss 228 * Statesville, North Carolina 2W)87,p 704/87 /469 Am From Monica Millsaps <crpropertles@att.net> Sent: Monday, August 08, 2016 1213 Plvl To Bell, Wes Subject: Notice of Violation letter Attachments: ltr 7.29;1 ,pd Wes,, Attached is the letter from Statesville Analytical regarding the Notice of Violation letter Seven Cedars Mobile Home Park received. l was asked to send you a copy of this later. if you have any questions, please feel free to contact me. My information is below'. Thank you, Monica Millsaps Property Manager C'R Properties P; 4- 72-5525 r; 4-2-51 C. 04- i12- 52 E-, net _Record Facility: PermitNo,: a k r ntll�4vaa Vlatia Parameter Permit Limit R Value % Over Limit Action aaivtaily Violations Cute Parameter Permit Limit Limit T a DMRValue % Over Limit Action Mc—nittin rauar� V�eiatia Date Parameter Permit Pre uan Valuesey rtad ,s f Violations Action ^, k Remarks: olationa/StafA " a } �ofn � g �� arV c". Supervisor Remarks: "fit" = , ,- R - All `- 6,`:(� Completed b; Assistant Regional Supervisor Sign Regional Supervisor Sign Off r ` ,2 -0,009 Date: SION OF WATER RESOURCES - CPaL PENALTY ASSESSMENT Violator: David L MillsaM Facility Name- Seven Cedars Mobile Rome Park WWTP Permit Number: NCOt 023191 County: Iredell Guk Case Number: -201 000 ASSESSMENT FACTO � � a � C� r 1) The degree and extent of harm to the natural resources of r property resulting from the violations tA e AAA- " The duration and gravity of violation; # vi c a 0 17M..... The effect on ground or surface water quantity or quality nr a` () 7 7-5 24, option 4 The cost of rectifying the damage; Ii u. T S The amount of money saved by noncompliance; 5 / 0, b) Whether the violation was committed willfully or intentionally; s a a a a a MIMINII a w r 8) The cast to the State of the enforcement procedures. The cost to the Mooresville Regional Office is $103.75 Regional Office Clerical Staff —pane hour 15"00 Enforcement ease preparation staff time _., one hour $33.35 Regional Office Supervisor review —cane hour 55.40 Da k W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources,, NCDEQ