NC0023191_Remission Decision (LV-2023-0125)_20231010

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ROY COOPER
Governor ; ;,
ELIZABETH BISER 1
Secretary
RICHARD E. ROGERS, JR
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7019-1120-0001-4877-5560
RETURN RECEIPT REQUESTED
David L. Millsaps,Owner
Seven Cedars Mobile Home Park
On Village Drive
P.O. Box 1143
Statesville,North Carolina 28687-0827
SUBJECT: Your Request to Remit Civil Penalties is Denied
Case Number LV-2022-0125
Seven Cedars Mobile Home Park WWTP
NPDES Permit NC0023191
Iredell County
Mr. Millsaps:
This letter acknowledges your request to remit civil penalties levied against your facility in the
subject case signed May 10, 2022. Unfortunately, the Division received your request tardy of the
thirty (30)-day deadline allotted by Statute [NCGS 143-215.6A(f)].
By Statute,your request for remission may not be accepted. We are therefore returning your
request and a copy of the original Civil Penalty Assessment(see attached). Related civil
penalties in the amount of$218.04 are now due and payable within fifteen(15)days of receiving
this letter.
If you have questions, please email me at [[e-mail]].
Sincerely,
J R. Co ron P.G., Environmental Specialist
ompli ce& xpedited Permitting Unit
EQ/D /NPDES
cc: Enforcement File LV-2022-0125 ILaserfiche
NPDES Program Files
DEQ/Mooresville Regional Office,Wes Bell,Andrew Pitner

• DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: David L Mil!saps
Facility Name: Seven Cedars Mobile Home Park WWTP
Permit Number: NC0023191
County: Iredell
Case Number: LV-2022-0125
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;
None documented. However,the discharge of treated effluent in excess of permit limitations has the potential to
adversely impact natural resources.
2) The duration and gravity of the violation; As documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality;
None documented. However,the discharge of treated effluent in excess of permit limitations has the potential to
adversely impact surface waters.
4) The cost of rectifying the damage; Unknown
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; not suspected to be willful or intentional
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
NOV-2018-MV-0104—Effluent ammonia monitoring violation—January 2018;
Case#:L V 2018-0182—BOD(DMV)and TSS(DMV)—February 2018;
NOV 2018-MV-0144—Effluent ammonia monitoring violation—August 2018.
8) The cost to the State of the enforcement procedures.
$118.04
DocuSigned by:
...?/e61/t171- 41-"45r--
5/10/2022
A 14CC681 AF27425...
Date W.Corey Basinger,Regional Supervisor
Water Quality Regional Operations Section
Regional Office
Mooresville
Division of Water Resources,NCDEQ

.ILISTIFICATIONfOR REMISSION REQUEST
Case Number: LV-2022-0I25 County: Iredell
Assessed Party: David L Millsaps
Permit No.: NC0023191 Amount Assessed: $218,04
Please use this form when requesting remission of this civil penalty. You must also complete the "Request Fo Remission.
Waiver of Right to an Administrative Hearing,and Stipulation of Facts`form to request remission of this civil 'natty.
You should attach any documents that you believe support your request and are necessary for the Director toes sider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration f the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requ sting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any o he factual
statements contained in the civil penalty assessment document. Pursuant to N.C.Ci.S. § 143B-282.1(c),remiss on of a civil
penalty may be granted only when one or more of the following five factors apply. Please
check each factor t at you
believe applies to your case and provide a detailed explanation, including copies of supporting documents,as t 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 aptiled 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, e. lam 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 unavoid,hle 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 O. ., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:
On February 23.the plant received a TSS result of 62 mg/L.exceeding the daily maximum allowable lim of 45 mg/L.On this
date,a heavy rainfall event created high flow conditions that surged the plant and disturbed the solids. In 'ontrast with flow data
from the previous weeks(ranging from 0.0028 - 0.0036 MGD). the plant received 0.0072 MGD of flow o this day. Because the
abrupt increase in flow disturbed the solids,the concentrations of TSS in the effluent were increased. Foll'wing this event.
operators responded by conducting wasting to ensure that no further TSS exceedances could occur. No su isequent
noncompliance events relating to this incident have since occurred. The plant was otherwise within comp ance for the
remainder of February.

June 3.2022
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. NC002319I
David L. Millsaps
Seven Cedars Mobile Home Park WWTP
Case No. LV-2022-0125
Iredell County
Mr. Basinger,
Thank you for allowing Seven Cedars Mobile I tome Park the opportunity to respond to the Notice of Viola ion dated May
10.2022; received May 13.2022.Our response below is in regard to the(1)TSS daily maximum exceedan e event that
occurred during the February 2022 monitoring period.
On February 23,the plant received a TSS result of 62 mg/L.exceeding the daily maximum allowable limit •f 45 mg/L.
On this date,a heavy rainfall event created high flow conditions that surged the plant and disturbed the soli s. In contrast
with flow data from the previous weeks(ranging from 0.0028-0.0036 MGD),the plant received 0.0072 D of flow on
this day. Because the abrupt increase in flow disturbed the solids,the concentrations of TSS in the effluent :ere
increased. Following this event,operators responded by conducting wasting to ensure that no further TSS - ceedances
could occur. No subsequent noncompliance events relating to this incident have since occurred.The plant as otherwise
within compliance for the remainder of February.
It is always our goal to remain in compliance with regulations set forth by the Division of Water Resource The factors
contributing to this violation have been addressed carefully to prevent future noncompliance events. It is o r request that
our cooperation and action in these matters be taken into account by the Division when proceeding with en orcement.
Sincerely.
David Millsaps
Seven Cedars Mobile Home Park
CC:
Dennis Murdock, Envirolink, Inc.
Todd Robinson, Envirolink, Inc.
Joshua Powers,Envirolink. Inc.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL. IAI.ITY
COUNTY OF IREDELL.
IN THE MATTER OF ASSESSMENT 1 WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST 1 ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
David I. Millsaps
Seven Cedars Mobile Home Park WWTP
PERMIT NO.NC0023 191 ) CASE NO. LV-2022-0125
!laving been assessed civil penalties totaling$218.04 for violation(s)as set forth in the assessment document o the Division
of Water Resources dated May 10.2022. the undersigned,desiring to seek remission of the civil penalty,does ereby waive
the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged i the
assessment document. The undersigned further understands that all evidence presented in support of remissio of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt f the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the rec ipt of the
notice of assessment.
This the -_ ( 0- day of _ , 20�2_
SIaATUR1-.
RECEIVED ADDRESS
L116 2022 __P.o . &- //;f 3
NCDEQIDWRINPDES
TEI.EPHONE
70(i W -__q.5a 7
I

ATTACHMENT A
David L Millsaps
CASE NUMBER: LV-2022-0125
PERMIT. NC0023191 REGION: Mooresville I
FACILITY: Seven Cedars Mobile Home Park WWTP COUNTY: Iredell
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
2f23/2022 2-2022 Solids Total Weekly mgn 45 82 37 8 Daily S100 00
Suspended Maximum
Concentration Exceeded
•

f
e N,.STATE o
ROY COOPER - )
Governor
ELIZABETH S.BISER •�'"'"
Secretary '
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail#7020 3160 0000 3277 0822
Return Receipt Requested
May 10,2022
David L Millsaps
Seven Cedars Mobile Home Park
PO Box 1143
Statesville,NC 28687
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.NC0023191
David L Millsaps
Seven Cedars Mobile Home Park WWTP
Case No. LV-2022-0125
Iredell County
Dear Mr.Millsaps:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$218.04 ($100.00 civil penalty
+$118.04 enforcement costs)against David L Millsaps.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR)submitted by David L Millsaps for the month of February 2022. 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. NC0023191.
The violations,which occurred in February 2022,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. 143-215.1(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).
� E y North Carding Deprtn,nt of Fmironmental Quality Division d Water Resources
'I�V 704.66 16 Regional oft, 6I0 East Center Avenue.Suhr 301 MoorcsMlk.Nosh Carolina 28115
I04.663.1690

•
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,W.Corey
Basinger,Regional Supervisor,Mooresville Regional Office hereby make the following civil penalty assessment against
David L Millsaps:
$100.00 1 of 1 violations of G.S. 143-215.1(a)(6)and Permit No.NC0023191,by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Solids,Total Suspended
-Concentration
$100.00 TOTAL CIVIL PENALTY
$118.04 Enforcement Costs
$218.04 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
1 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)235-2192 or via email at [e-mail].
Sincerely,
DocuSigned by:
.....-"2/4"41/44114441rir--.*
A14CC681AF27425...
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(Laserfiche)
NPDES Compliance/Enforcement Unit-Enforcement File(Laserfiche)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0125 County: Iredell
Assessed Party: David L Millsaps
Permit No.: NC0023191 Amount Assessed: $218.04
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).
of the civil penaltyassessment factors in N.C.G.S. 143B-282.1 b were wrongfully applied to the
(a) one or more ( ) g Y pP
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 (i.e., 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 IREDELL
IN THE 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.NC0023191 ) CASE NO. LV-2022-0125
Having been assessed civil penalties totaling$218.04 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated May 10,2022,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