NC0023191_Enforcement_20180803

ROYCOOPER NORTH CAROLINA
Environmental quarltt "
NUCHAM S. REG-AN
sscrawy
L
Intorhft Director
August 27, 2018
David Lynn illsaps
David L Millsas
PO Box 114
Statesville, NC 28687-0827'
Subject Payment Acknowledgement for Civil Penalty Assessment
Seven Cedars mobile Home Park WWTP
County Iredel
PermitNC0023191,
Case No. LV-2-018-0192
Dear Mr. Millsaps:
This letter is to acknowledge e receipt of Check 3`o. 15297 in the amount o ` $303.29 received from you dated / /201 ,
'Dais payment satisfies in full the civil assessment levied against the subject facility and this case has been closed.
Payment of this penalty in no gray precludes future action by this Division for additional violations of the applicable
statutes, regulations, or permits.
If you have any questions; please call Wren Thedfordat 91.9-70- t1 .
p
Sincerely;
&�M 04A
Wren Thedford
Administrative Assistant
Water Quality Permitting Section
Mooresville Regional Office Supervisor
North Caro1sna, Department of Environmental Quality I Division ofWater Resources
610 East Center Avenue, Suite 301, Moorewlie, NG 28115

4 .
FILE
Y COOPER RTH CAROLINA
v r Environmental Qualfty
NUCHAELS. REGAN
Sscl'etary
LDqD.A, CULPEPPER
I triertm Director
Certified Mail #7016 f 611 4
Return Receipt Reguested
August 03, 201
David L Millsaps
PO Box I t4
Statesville, NC 28687
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina Ge er l t t to (G.S.) t >- & 5.1(a)(6)
and I Pp S W' Permit No. NCO023191
David fs Millsap
Seven Cedars Mobile Home Park WDTP
Case No. LV-2018-0182
tredell County
ear. ,alr. Millsapss
This letter transmits a Notice ofViolation and assessment of civil penalty in the amount of $303.29 ($200,00 civil penalty
103.enforcement costs) against David L i illsaps,
'This assessment is based upon the following facts: a review has been conducted of the Discharge -monitoring Report
( M ) submitted by David L l`' illsaps for the month of February 2018, This review has shown, the subject facility to be
in violation of the discharge limitations and1or trivanton I ng requirements found in NPDES G ''W Permit No.,NCO023191,
The violations, which occurred in February 2018,are summarized in Attachment A to this letter,
(lased upon the above facts, I conclude as a matter of law that David L Mills ps violated the terms, conditions or
requirements of NPDES WW Permit No. I CO023l 1 and G.S. t _ t 6.1(a)(6) in the manner and extent shown in
Attachment A. In accordance with the maximurns established by G., 14-?1 .6Aaj(2), a civil penalty may b
assessed against any person who violates the terms, conditions or requirements of permit required by G.&
1 4- 1 5.1(a).
QMI
-,
North Carolina Department of Envrrrnmental Quality ( Division of Water Resources
614 East Center Avenue, Sufte 01, Mooresville, N0281i5
704-663-1699

f 14
Based upon the:,abo A ndings of fact and conclusions of law, and in accordance with authority provided by the
Secretary., of the Departinent 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;
1 o,.j0f) I of I violations of G.S. 143-215,1(a)(6) and Perinit No. NC0023 191, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for BOD, 5-DaylZAlye g. C
o-neentration
$j90.00 I of I violations of G.S. 143-215. 1 (a)(6) and Permit No. NCO02319 1, by discharging waste water
into the waters of the State in violation of the Permit Daily Nelaximum, for
- Concentration
$20QIOQ TOTAL .I AIL PENALTY
$ IkI Zo Enforcement Costs
,tIL03 9 TOTAL A-TVIOUNT DUF
Z-
Pursuant to G.S. 143-215.6A(c), in deten-nining 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 ail' quality;
(4) The cost of rcetifiying the damage-,
(5) The amour t 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) da- , you must do one of the folkwing:
yes of receipt of this notice,
(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
fiorm). 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
Raleigii., North Carolina 27699-1617

F Opcrest
2: Submit a written request for remission or mitigation including a �detailed justification for such
reqest:
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 penalt-y'assessinent 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:
I ) 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 payrnent for the remaining necessary remedial actions,
Please note that all evidence presented in support of your request for remi&6ort must be submitted in writing, The
Director of the Division of Water Resources will review vour 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 farther appeal of the penalty to the Environmental Management Commission's Committee on to penalty,
Remissions (Committee.). Please be advised that. the Committee cannot consider information that was not part of the
original renussionrequest 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 pLtpre q esttqn emi sion of Civil Penaltic
lissiop -�u it -the enclosed "Rgqpest for R —s—
Remission m e s
Both forms should be submitted to the following address -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Otition 3: File a )etition for an administrative hearing --j" 'he Office of Administrative Hearin(
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 (brirt from the Office of. daaainistrative Bearings. 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 Offlice of Administrative flearings 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) orelectronic mail by an attached file (with restrictions) -provided
the signed original, one (1) copy and a, filing fee (if a filing fee is required ivy NCGS §1fatly- 23.2) is received in the
Office of Administrative Hearings within seven (7) business daysfollowing the faxed or electronic transmission, You
should contact the Q&c �otA mi All-qu _L_r_qM, 4iq&thg_j_fiLn _aajd Is 1 1 e,
The mailing address and telephone and fax numbers for the Office of Admirlis-trative Hearings are as follows-
6714 Mail Service Center
Raleigh, NC 217699 6714
'rel: [phone]
Fax: [phone]
One (1) copy of the petition triustalso be served on DE Q as follows:
Mr, William F. Latic, General Counsel
Department of [.',nvlrontnental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (a.s, found on page one of this letter) on the petition,
Fat lure to exercise one of the options above within thirty (30) days of receipt (if this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney Gerierai's Office for
collection of the penalty through a civil action, Please be advised that additional penalties nary 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 theNlooresville Regional
Office at (704) 235-1.192 or via entail at voes.bell,', ncdenr,gov.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division ofWater Resources, N (7 DEQ
AT-17ACHMENTS
WQS Mooresville Regional Office - Enforcement File (1,aserfiche)
NPDES Compliance/Enforcement Unit - Enforcement File (Laseffiche)

Case Number:
Assessed Party:
Permit No.:
JUSTIFICATION FOR REMISSION REQUEST
LV-2018-0182 County: Iredell
David L Millsaps
NCO023191 Amountmsessed: $10329
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to anAdministrative Hearing, andStipulation ofFacts" 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.& § 14313-2 82. 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 ofsapporting 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. 14313-282.1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment actors are listed in the civilpenalty assessment docznnen);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct tile violation and prevent,future occurrenee,�);
(c) the violation was inadvertent or a result of an accident (i.e,, explain whv 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
howpay,ment ql'the civil penalty will preventyouftom per/brining the activities necessary to achieve
comp. Nance).
EXPLANATION:

STATE OF NORTH C.AROLINA DE ARTMENT OF ENVIRONMENTAL QUALITY
` L1 TY OF IR.EI EL1
IN THE MATTER OF ASSESSMENT WAWER OF RIGHT TO AN
OF CIVIL PENALTIES AGAiNsT ADMINISTRAT11VE
STIPULATION OF FACTS
David L M111saps}
Seven Cedars Mobile Rome Park ' WTI
PERMIT NO, NCO023191 } CASE NO. LV-2018-0182
Having been assessed civil penalties totaling g 2 For viol is n(s) as set forth in the assessment document of the Division
of Water Resources dated Au t st 03 2O1, the undersigned,, desiring to seep remission €7 of the civilpenalty, does hereby
waive the right to an administrative hearing in the above -stated matter and dies stipulate that the Facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of ret ussion o tlai civil
penalOy must be submitted to the Director ofthe Division of Water Resources within thirty (Q) days of receipt of the notice
of assessment.: No new evidence in support of a remission request will be allowed after pj days f€`om the: receipt ofmthe
notice of assessment,
l,'
This the day f
_.�.
SIGNATURE
ADDRESS
TELEPHONE

ATTAC!IMENT A
David L Millsaps
CASE NUMBER: LV-2018-0182
PERMIT- O0 3REGION:
Mooresville
FACILITY: Seven Cedars MobileHome Paris WWTPCOUNTY:
Iredell
LIMIT VIOLATION(S)
SAMPLE LOCATION: Ouffall 1 - Effluent
Violation lation Report rt
Unit of
Limit
Calculated % Over
Violation
Penalty
Date oath/ r Parameter Frequency
Measure
Value
Value Limit
Type
,Amount
219/2018 2-2018 BOD, 5-Day (26 Deg, Weekly
Mgtl
45
74 64A
wily
11300
) . Concentration
Maximum
Exceeded
2/2//2018 2-2618 Solids, Total Weekly
mg/I
45
70 55,6
Daily
$100,00
Suspended -
Maximum
Concentration
Exceeded

•'I. 1092
R4-•
David Millsaps
PO x 1143
Statesville, NC 28687
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number', OV-201 -L -0479
Permit No. NCO02 1r91
Seven Cedars Mobile Home Park WWTP
Iredell Count
Dear Mr. illsaps
review of the Februarys 2018 Discharge Monitoring Deport ( ) for the subject facility revealed the
violation(s) indicated below:
Limit Excqgtansg Vloilgtlorn"h
Sample Limit Reported
Location ar° r Date Value Value Type of Violation
_01 Effluent Solids, -Total Sus tended 2/ 2 1 70 Daily Maximum Exceeded
Concentration (O )
001 Effluent BOD, 5-Day (20 Deg. Q - 2/9/2018 45 74 Daily Maximum Exceeded
Concentration (C0 10
Notice ofViolation/Intent to Issue Civil Penalty, is being issued for the noted violation of North Carolina General
Statute (G.S.) 1 - 15,1 and the facility's I P ES WW Permit. Pursuant to &S, 143-215,6A, a civil penalty of
not more than twenty-five thousand dollars 5, 9 .99) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S,
1 d-215,1
Late ,f°Narth ('are hna 'i EnviraanmenW lital4y. ! Water Resources
610 Grist Center Av'e ue, Suite 301, Mwesvilie, NC 28115
704-66-164

1221i 110
tit
111CILLtI UI LU dPPr,7"Mr=V
Mooresville Regional Office at 704-663-1699
Sincerely,
DocuSigned by:
A14CC681AF27425,,
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
sta
te of North Caro4na 1 Environmentat Quahty !Water Resources
6h,) East Center Avenue, Suite 301, NC I-SI Ii
704-663-- k 599

David Millsaps
Seven Cedars Mobile Home Park WWTP
PO Box 1143
Statesville, NC 28687
July 11, 2018
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
610 East Center Aven, Suite 301
Mooresville, NC 28115
Sincerely,
David Millsaps
Owner
Laserfluche

DMR REVIEW RECORD
Mooresville Regional lyf ce
Facility Name: Sever: Cedars Mobile Horne Park WW-FP Permit Number- NC0023191
Report Period: l ebrnuan, 201Print' Assessments Enforcement Factor;
'b$aterbody
Outfall # Outfall Description Waterb dy Name Classification
001 Effluent to Third Creek Third Greek (Third Creek DVS No i )
Daily Limit Violations
Sample Location. putfall 001 - Effluent
Violation Unit of Limit Calculated % Over
Dote Parameter Frequency Measurevalue Value Limit action
21912018 BOD, 5-Day t tt Deg. G1 - Weekly M 11 46 74 64 4
Concentration
fits 18 solids. Total Suspended Weekly m dl 45 70 55.6
Concentration
Violations/Staff Remarks:
Supervisor Remarks;
r� 6
Page Iof

orrrprtrt by,., bate,
Assistant Regional
Supervisor Sign -off: Date-.
Regional Supervisor
Sign-offi Date:
9L"� -IW
Page 2 of

ith Enforcement Histor
Permit Number. NCO023191 Report Period: hebrt
Monitoring Violation
Sample Location: Outtall 001 - Effl-gent
Violation Report Violation
Date Period Para ter Type moo NOV CPA
113112018 1-2018 Nitrogen, Ammonia Total (as Frequency Violawn NOV-2016-MV-0104
Ni - Concentration
Page 3 of 3

. I I
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: David L Millp: ps
Facility Name: Seven Cedars Mobile Home Park WWTII
Permit Number: NCO023191
County. Iredell
Case Number: LV-2018-0182
ASSESSMENTFACTORS
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;
ww"
2) The duration and gravity of the violation;
A.
3) The effect on ground orsurface water quantity or quality or on air quality; 7F 0,0 b rr 10
WlOkvlw-� 40 4A*I� "O-Gl
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
U
6) Whether the violation was committed willfully or intentionally;. -*u; W-- -.1 -1-4111� A* -1(0 4W uod'44Z4 ov-
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
Case 9: MV-2016-0009 - Total Nitrogen and Total Phosphorus monitoring violations (March 2016);
NOV-2018-MV-0104 - Ammonia monitoring violation (January 201,8).
8) The cost to the State of the enforcement procedures.
$103.29
Date W. Corey Basinger,,Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ