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Home My WebLink AboutNC0057720_PC20230035_20231101ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL 7020 3160 0002 0860 6405 RETURN RECEIPT REQUESTED November 1, 2023 Jones Estate Hidden Lakes LLC Attn: Kellen P. Buss, Owner 2310 South Miami Blvd, Suite 238 Durham, NC 27703 SUBJECT: ASSESSMENT of CIVIL PENALTIES for Violations of NPDES Permit NCO057720 Hidden Lakes Village Mobile Home Park Wastewater Treatment Plant Case Number: PC-2023-0034 Stokes County Dear Mr. Buss: This letter transmits a notice of a civil penalty assessed against Jones Estate Hidden Lakes LLC in the amount of $6,941.84 ($6,500.00 civil penalty + $441.84 in enforcement costs). This assessment is based upon the following facts: Division of Water Resources, Winston-Salem Regional Office (DWR/WSRO) staff conducted a compliance evaluation inspection (CEI) of the Hidden Lakes Village Mobile Home Park Wastewater Treatment Plant on January 19, 2023, pursuant to the facility's NPDES discharge permit number NC0057720. Several permit violations were noted during the inspection and a Notice of Violation with Intent to Enforce, tracking number NOV-2023-PC-0069, was issued. A follow up inspection was conducted on May 22, 2023. As a result, DWR issued the owner of the facility Notice of Continuing Violation (NOV-2022-PC-0069) on July 20, 2023. Based upon the above facts, I conclude as a matter of law that Jones Estate Hidden Lakes LLC violated the terms, conditions, or requirements of NPDES Permit NCO057720 in the manner and extent shown above. In accordance with the maximums established by G.S. 143-215.6A(a), 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). 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 Moan D_,E, North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 Division of Water Resources, I hereby make the following civil penalty assessment against Jones Estate Hidden Lakes LLC: 4 000.00 For 1 of 1 violation(s) of NPDES Permit No. NC0057720, Part 11. Section C. Paragraph 2. by failing to properly operate and maintain at all times all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. 1 000.00 For 1 of 1 violation(s) of NPDES Permit No. NC0057720, Part 11. Section C. Paragraph 7. by failing to maintain adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators, or retention of inadequately treated effluent. 1 000.00 For 1 of 1 violation(s) of NPDES Permit No. NC0057720, Part 11. Section D. Paragraph 3. by failing to install appropriate, Director -approved flow measurement devices which can be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. 500.00 For 1 of 1 violation(s) of NPDES Permit No. NC0057720, Part 11. Section D. Paragraph 6. and NC Administrative Code 15A NCAC 02B .0506(a)(1)(D)(i) by failing to maintain required records for a period of at least 3 years from the date of the sample, measurement, report, or application. 6 500.00 TOTAL CIVIL PENALTY 441.84 Enforcement Costs 6,941.84 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. 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 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 NORTH CAROLINAD ��I osw�m�.m m F,mro��Mx n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 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: Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 NORTH CAROLINAD��` ��I 0_u Mo Emimnmen 9uei� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 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: Wren Thedford NC DEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: NORTH CAROLINAD � �� oeo+ro�.m m F,mro��w n�si� Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 AND North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 Mail or hand -deliver a copy of the petition to: 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 about this letter, please contact Ron Boone of the Winston-Salem Regional Office at 336.776.9690 or via e-mail at ron.boone@deg.nc.gov. Sincerely, DocuSigned by: 4. OD2D3CE3F1 B7456... Jennifer F. Graznak, Assistant Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Attachments: 1. Waiver of Right to an Administrative Hearing and Stipulation of Facts 2. Justification for Remission Request 3. Findings and Decision and Assessment of Civil Penalties NORTH CAROLINAD E Q oeo+ro�.m m F,mro��w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 STATE OF NORTH CAROLINA COUNTY OF Stokes IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Jones Estate Hidden Lakes LLC Hidden Lakes Village Mobile Home Park Wastewater Treatment Plant PERMIT NO. NCO057720 DEPARTMENT OF ENVIRONMENTAL QUALITY WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. PC-2023-0034 Having been assessed civil penalties totaling $6,941.84 for violation(s) as set forth in the assessment document of the Division of Water Resources dated November 1, 2023, 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 120 NORTH CAROLINAD E Q oeo+ro�.m m F,mro��w n�si� PRINTED NAME SIGNATURE ADDRESS TELEPHONE North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: PC-2023-0034 Assessed Entity: Jones Estate Hidden Lakes, LLC Permit No.: NCO057720 County: Stokes Amount Assessed: $6,941.84 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); ❑ (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: NORTH CAROLINAD � �� oeo+ro�.m m F,mro��w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Jones Estate Hidden Lakes LLC — Hidden Lakes Village Mobile Home Park Wastewater Treatment Plant County: Stokes Case Number: PC-2023-0034 �j11Fi1:10112I t*LOW 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; The NPDES permit directs the permittee to maintain the system to prevent a range of problems, which could lead to harm to the natural resources of the state. 2) The duration and gravity of the violation; The gravity of the violations is considered moderately significant because they have persisted for nearly a year. 3) The effect on ground or surface water quantity or quality or on air quality; The existence of the issues noted above presents risk of such violations becoming more frequent and damaging. 4) The cost of rectifying the damage; These costs have not been calculated specifically but are assumed to equal the amount of money the permittee would spend to maintain permit compliance. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance has not been specifically calculated but is assumed to equal the amount of money the permittee would have spent to maintain permit compliance. 6) Whether the violation was committed willfully or intentionally; DWR has no evidence that the violations are either 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 DE North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 onparhnem of EmironmanW 9uallly The facility has experienced 52 effluent violations over the five years previous to this inspection. 8) The cost to the State of the enforcement procedures. $441.84 The assessment factors listed above were considered. However, since this case pertains to the non -submittal of required information, impacts are unknown. D°occuSSiigneedd by: 11/1/2023 OD2D3CE3F167456... Date Jennifer F. Graznak, Assistant Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NC DEQ REQ� North Carolina Department ofEnvironmental Quality I Division ofWater Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 NORTH CAROLINA 336.776.9800 naparMeM of EmironmanW 9uallly STATE OF NORTH CAROLINA COUNTY OF STOKES IN THE MATTER OF CASE NO. PC-2023-0034 Jones Estate Hidden Lakes, LLC Hidden Lakes Village Mobile Home Park Wastewater Treatment Plant FOR VIOLATIONS OF: NPDES PERMIT NO. NCO057720 AND NC General Statute 143-215.1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY FINDINGS AND DECISION AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jennifer F. Graznak, of the Division of Water Resources (hereby known as DWR), make the following: FINDING OF FACT A. Jones Estate Hidden Lakes LLC is a person organized and existing under the laws of the State of North Carolina. B. On September 1, 2022, Jones Estate Hidden Lakes LLC was issued NPDES Permit Number NCO057720 effective October 1, 2022, for the operation and maintenance of a wastewater treatment plant located at the Hidden Lakes Village Mobile Home Park Wastewater Treatment Plant, with the discharge of treated effluent into an unnamed tributary to Timmons Creek, which is classified as Class C waters, in the Roanoke River Basin, in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina. C. Timmons Creek is classified as Class C waters in the Roanoke River Basin. D. On February 15, 2023, the Winston-Salem Regional Office of DWR issued a Notice of Violation/Notice of Intent to Enforce NOV-2023-PC-0069 to Jones Estate Hidden Lakes, LLC. This NOV-NOI was issued in response to a compliance evaluation inspection the RO conducted on January 19, 2023. E. The violations DWR noted during this inspection are detailed in the table below: NORTH CAROLINAD E Q oeo+ro�.m m F,mro��w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 PERMIT VIOLATIONS 1. There is currently no bar screen installed or operational in the treatment system. Multiple system components (including diffusers, blowers, chlorinator, and de -chlorinator) are either not present or insufficient. There is an uncontained leak in the pipe going from the post -chlorination tank to the meter well. 2. There are no adequate safeguards (including standby power) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures for the facility. 3. Records for the flow meter were not available on -site during the inspection. All records, including those pertaining to installation, calibration, and maintenance, should be retained and readily available on -site. 4. Data records prior to July 2022 were not available at the time of inspection. F. NPDES PERMIT NO. NCO057720 contains the following relevant permit conditions: • NPDES Permit NCO057720 Part II. Section C. Paragraph 2. • NPDES Permit NCO057720 Part II. Section C. Paragraph 7. • NPDES Permit NCO057720 Part II. Section D. Paragraph 3. • NPDES Permit NCO057720 Part II. Section D. Paragraph 6. G. A DWR file review confirmed that Jones Estate Hidden Lakes LLC is not allowed as a condition of any permit, special order, or other appropriate instrument issued or entered into by the Commission under the provisions of this Article to violate water quality standards applicable to an assigned classification or to violate any effluent standards, limitations, permit conditions, or rules/regulations established for any point source. H. DWR never received a letter from Jones Estate Hidden Lakes LLC in response to the Notice of Violation -Notice of Intent to Enforce NOV-2023-PC-0069. A follow up inspection was conducted on May 22, 2023, to determine whether any of the above violations identified in the January 2023 inspection had been corrected. The follow up inspection revealed that all four violations noted in the January 2023 inspection persisted in the May 2023 inspection. Moreover, the May 2023 inspection revealed an additional violation. J. Therefore, the violations noted in the May 2023 inspection are detailed in the table below: NORTH CAROLINAD E Q oeo+ro�.m m F,mro��w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 ICI PERMIT VIOLATIONS 1. Corrosion and disrepair of treatment units as detailed below: a. The aeration basin has severe corrosion. b. The air header and laterals are in very poor condition and were observed to provide insufficient air diffusion throughout the tank. c. The clarifiers have severe corrosion. The inlet/scum box on the southern clarifier is so overgrown with weeds that have taken root in the scum layer that you cannot see the box. The northern clarifier's inlet/scum box is visible but only about 50 percent of the original structure remains due to corrosion, allowing the scum to flow right back into the clarifier. d. The sludge holding tank has two large open holes in it just above the level of the current inlet pipe. Sludge could flow out onto the ground, and possibly to the stream, if it reaches the level of these holes. 2. There are still no adequate safeguards (including standby power) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures for the facility. 3. The flow meter was installed in early 2022. The meter has been installed for longer than a year and still has not been calibrated. The operator stated that they cannot find someone to calibrate it. 4. Data records prior to July 2022 were still not available at the time of inspection. 5. The bar screen, chlorinator, and dechlorinator are all still missing from the plant. Removal of these processes, without adequate equivalent replacements, capable of providing comparable treatment, was not authorized by the NCDWR. The operator uses a single tube each for chlorination and dechlorination that is only leaning against the wall of the component it has been placed in, with minimal flow contact. Also, the operator uses a cloth and rope type of contraption as a makeshift bar screen. NPDES PERMIT NO. NCO057720 contains the following relevant permit conditions: • NPDES Permit NCO057720 Part II. Section C. Paragraph 2. • NPDES Permit NCO057720 Part II. Section C. Paragraph 7. • NPDES Permit NCO057720 Part II. Section D. Paragraph 3. • NPDES Permit NCO057720 Part II. Section D. Paragraphs 6. • NPDES Permit NCO057720 Part III. Section A. ParaRraahs a. L. A DWR file review again confirmed that Jones Estate Hidden Lakes LLC is not allowed as a condition of any permit, special order, or other appropriate instrument issued or entered into by the Commission under the provisions of this Article to violate water quality standards applicable to an assigned classification or to violate any effluent standards, limitations, permit conditions, or rules/regulations established for any point source. NORTH CARCLINAD ��R o.o+ro..m m EnNmnmenfnl n..i� North Carolina Department of Environmental Quality 1 Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 M. DWR/WSRO never received a written response from the permittee and no further communication has been received from the permittee. N. The cost to the State of the enforcement procedures in this matter totaled $441.84. Based upon the above Findings of Fact, I make the following: A. Jones Estate Hidden Lakes LLC is a 'person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4). B. Timmons Creek, located at the site, constitutes waters of the State within the meaning of G.S. 143-212 (6). C. Jones Estate Hidden Lakes LLC was issued NPDES Permit No. NCOO5772O in accordance with G.S. 143-215.1(a) for the operation and maintenance of a wastewater treatment plant and the discharge of wastewater in compliance with permit limits and conditions. D. On May 22, 2023, Jones Estate Hidden Lakes LLC violated NPDES Permit NCOO5772O; • Part II, Section C. Paragraph 2. by failing to properly operate and maintain at all times all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit; • Part II. Section C. Paragraph 7. by failing to maintain adequate safeguards (as required by 15A NCAC O2H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators, or retention of inadequately treated effluent; • Part II. Section D. Paragraph 3. by failing to install appropriate, Director - approved flow measurement devices which can be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device; • Part II. Section D. Paragraph 6. & NC Administrative Code 15A NCAC O2B .O5O6(a)(1)(D)(i) by failing to maintain required records for a period of at least 3 years from the date of the sample, measurement, report, or application; and, NORTH CAROLINAD � �� oeo+ro�.m m F,mro��w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 • Part III. Section A. Paragraph a. & NC General Statute 143-215.1(a)(3) by failing to obtain proper authorization to construct permits from the Division prior to changing the plant's treatment processes. E. Jones Estate Hidden Lakes LLC may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for orto secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. F. The State's enforcement cost in this matter may be assessed against Jones Estate Hidden Lakes LLC pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8). G. Jennifer F. Graznak, of the Division of Water Resources, pursuant to delegation provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III��]�y[.9[�I►1 Accordingly, Jones Estate Hidden Lakes LLC is hereby assessed a civil penalty of: 4 000.00 For 1 of 1 violation(s) of NPDES Permit No. NCO057720, Part II. Section C. Paragraph 2. by failing to properly operate and maintain at all times all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. 1 000.00 For 1 of 1 violation(s) of NPDES Permit No. NCO057720, Part II. Section C. Paragraph 7. by failing to maintain adequate safeguards (as required by 15A NCAC O2H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators, or retention of inadequately treated effluent. 1 000.00 For 1 of 1 violation(s) of NPDES Permit No. NCOO5772O, Part II. Section D. Paragraph 3. by failing to install appropriate, Director -approved flow measurement devices which can be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device NORTH CARCLINAD ��R o.o+ro..m m EnNmnmenfnl n..i� North Carolina Department of Environmental Quality 1 Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800 500.00 For 1 of 1 violation(s) of NPDES Permit No. NC0057720, Part II. Section D. Paragraph 6. and NC Administrative Code 15A NCAC 02B .0506(a)(1)(D)(i) by failing to maintain required records for a period of at least 3 years from the date of the sample, measurement, report, or application. 6 500.00 TOTAL CIVIL PENALTY 441.84 Enforcement Costs 6,941.84 TOTAL AMOUNT DUE As required by G.S. 143-215.6A (c), in determining the amount of penalty, I considered the factors set out in 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 violations; (2) The duration and gravity of the violations; (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 violations were 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. DocuSigned by: 11/1/2023 (�o��,�, "-, oozoscESF1B7456_. Date Jennifer F. Graznak Division of Water Resources NORTH CAROLINAD � �� oeo+ro�.m m F,mro��w n�si� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105 336.776.9800