NC0064246_PC-2017-0038_20171214

Water Resources
ENVIRONMENTAL QUALITY
December 14, 2017
CERTIFIED MAIL 7015 0640 0007 9833 5608
RETURN RECEIPT REQUESTED
Mr. Joel M. Pace
Pace Mobile Home Park
13290 Buffalo Road
Clayton, NC 27520
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
NPDES Permit NCO064246
Pace Mobile Home Park
Case No. PC -2017-0038
Johnston County
Dear Mr. Pace:
This letter transmits a notice of a civil penalty assessed against Joel Merle Pace in the amount of
$14,103.26 (includes $603.26 in enforcement costs).
This assessment is based upon the following facts: One sludge release incident was observed on July 6,
2017. Field sampling and laboratory results showed stream impacts downstream of the discharge for
conductivity and nutrients.
• A Notice of Violation Notice of Intent to Enforce (NOV-2017-PC-0457) for the unauthorized
release of sludge was sent to Joel M. Pace of Pace Mobile Home Park in a letter dated July 14,
2017.
• A Notice of Violation Notice of Intent to Enforce and Continuing Penalties for failing to notify
Division central office or regional office staff of any process unit failure that renders the
facility incapable of adequate wastewater treatment was sent to Joel M. Pace of Pace Mobile
Home Park in a letter dated August 24, 2017.
The State's enforcement costs in this matter may be assessed against Joel M. Pace pursuant to NCGS.
143-215.3(a)(9) and NCGS 143B -282.1(b)(8).
Based upon the above facts, the Division concludes as a matter of law that Joel M. Pace violated the
terms, conditions or requirements of NPDES Permit NC0064246, in the manner and extent shown
above. 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).
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
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 707 9000

Pace Mobile Home Park
Case No.. PC -2017-0038
December 14, 2017
Page 2 of 5
of Water Resources, the Division hereby makes the following civil penalty assessment against Joel M.
Pace:
$ 13,500.00 For violations of 15A NCAC 02B .0211 (2) and NPDES Permit
NC0064246 for one unauthorized sludge release incident and associated
stream impacts.
$ 603.26 Enforcement Costs
$ 14,103.26 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty the Division has 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; 1
(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 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.
Division of Water Resources
Wastewater Branch
1617 Mail IService 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 remissign 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:

Pace Mobile Home Park
Case No.. PC -2017-0038
December 14, 2017
Page 3 of 5
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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 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:
Division of Water Resources
Wastewater Branch
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND

Pace Mobile Home Park
Case No.. PC -2017-0038
December 14, 2017
Page 4 of 5
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
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 John Hennessy at 919-807-6377 or via e-mail
(john hennessy(a-)ncdenr.gov).
Sine ely,
l
I Linda Culpepper
j Interim Director, Division of Water Resources
I
ATTACHMENTS
cc:
DWR Raleigh Regional Office
NC0064246 Enforcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
JOEL MERLE PACE ) STIPULATION OF FACTS
)
PERMIT NO. NCO064246 ) FILE NO. PC -2017-0038
Having been assessed civil penalties totaling $14,103.26 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated December 14, 2017, 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 52017.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC -2017-0038
Assessed Entity:
Permit No.:
Pace Mobile Home Park
NCO064246
County: Johnston
Amount Assessed: $14,103.26
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:

STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
IN THE MATTER OF
JOEL M. PACE
PACE MOBILE HOME PARK
FOR VIOLATIONS OF:
NPDES PERMIT NO. NCO064246
AND 15A NCAC 02B .0211
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
CASE NO. PC -2017-0038
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, John Hennessy, of the Division
of Water Resources (hereby known as DWR), make the following:
I. FINDING OF FACT
A. On June 28, 2013, Joel M. Pace was issued NPDES Permit Number NCO064246 effective
August 1, 2013, for the operation and maintenance of a wastewater treatment plant
located at the Pace Mobile Home Park WWTP, with the discharge of treated effluent into
an unnamed tributary to Buffalo Creek (Wendell Lake), classified as C -NSW in the
Neuse River Basin, in accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina.
B. On Thursday, July 6, 2017, Ray Milosh and Ted Cashion with the Raleigh Regional
Office (RRO) of the Division of Water Resources (DWR) responded to a complaint of
sewage in a stream, odor, and dead fish in the area adjacent to the Pace Mobile Home
Park WWTP. The surface water is identified as an unnamed tributary to Buffalo Creek
(Wendell Lake), classified C -NSW waters in the Neuse River Basin.
C. Under G.S. 143-215.1(a), a permit is required to construct, operate, alter or extend a
sewer system, treatment works or disposal system within the State.
D. The creek upstream of the wastewater plant discharge housed pools of standing water.
The stream did not contain sludge.
E. Sludge was observed downstream of the Pace Mobile Home Park WWTP discharge for
approximately 500 linear feet. Sludge depths were typically less than 1 inch. The water
in the creek downstream of the wastewater treatment plant was black, and had a sewage
odor. The culvert near the intersection of Fletcher and Rufus Lane had water pooled, was
black with a sewage odor, and several dead fish were observed.
F. Field parameters were taken upstream and downstream of the point of the wastewater
treatment plant discharge. Field parameters showed the following:

Parameters: Upstream Downstream
Dissolved Oxygen 0 54 mg/l 0.06 mg/1
Specific Conductivity 98.6 uS/cm 394 uS/cm
G. Samples were also collected for nutrients, fecal coliform, and total dissolved solids Lab
results showed the following.
Parameters:
Fecal coliform
NH3 as N
NO2+NO3
Total Phosphorus
TKN
TDS
Upstream
1500 CFU/100ml B5Q1
0.02 mg/l
0.02 mg/l U
0.08 mg/l
0.44 mg/l J2
104 mg/l
B5Q1 = Too numerous to count, exceeded holding time
U = less than detection limit
J2 = Failed to meet QC criteria
Downstream
1500 CFU/100m1 B5Q1
9.8 mg/l
0.02 mg/l
3.8 mg/l
12 mg/1
250 mg/l
H On July 6, 2017 RRO staff telephoned Mr. Pace and notified him of the
conditions/observations of the WWTP and stream. Mr. Pace was instructed during the
phone call to recover sludge from the stream. Mr. Pace stated to DWR staff that the plant
was experiencing problems on July 4, 2017 and that he was out of town at the time of the
call and would not return until Friday or Saturday of that week. Prior to the July 6, 2017
phone call from DWR staff, Mr. Pace had not reported treatment unit problems or upset
conditions at the WWTP.
I.
K.
On July 14, 2017, DWR issued a Notice of Violation -Notice of Intent to Enforce, NOV-
2017-PC-0457 to Mr. Joel M. Pace.
I
Mr. Pace's response dated July 21, 2017 to the Notice of Violation -Notice of Intent to
Enforce stated "On July 4; 2017, when I visited my plant, I found the wires and belts had
been cut to blowers. I was able to put new wires and belts on blower #2, but had to
remove blower #1 because it was not repairable. A new blower had to be ordered and
that has been done. Basin #2 had turned dark brown so the flow was cut off to that basin.
Basin #1 was still clear sol all incoming flow was directed to this basin. I checked
discharge at creek and saw no evidence of sludge. I observed no flow in creek. Sludge
removal was performed on 2/15/17 of 3000 gallons, 3/24/2017 of 3000 gallons,
5/24/2017 of 6000 gallons and was hauled to the Johnston County landfill. This was
done by Johnson's Septic Service located at 12232 US 70 Bus Hwy W, Clayton, NC.
Before any measures to remove overflow into creek, we received a 1 %" of rain which
removed any visible settled sludge."
On August 24, 2017; DWR issued a Notice of Violation -Notice of Intent to Enforce and
Continuing Penalties, NOV-2017-PC-0457, as a follow-up to Mr. Pace's written response
dated July 21, 2017.

L. Mr. Pace's response dated September 5, 2017 to the Notice of Violation -Notice of Intent
to Enforce and Continuing Penalties stated
1. "The blower was installed July 12, 2017
2. The flow to basin #2 was cut off on July 4, 2017
3 Basin #2 was placed back in operation on July 13, 2017
4. Everything was back in service and operating as intended on July 13, 2017
5. I have never been in this situation before; even though wires and belts had been cut to
blowers, I was able to get blower #2 running immediately. I was not able to repair
blower #1 on site. I was not aware I needed to report any issues since I directed all flow
to basin #1 and continue normal operation."
M. Title 15A North Carolina Administrative Code 02B .0211 (2) states: Conditions Related
to Best Usage: the waters shall be suitable for aquatic life propagation and maintenance
of biological integrity, wildlife, secondary recreation, and agriculture Sources of water
pollution that preclude any of these uses on either a short term or long term basis shall be
considered to be violating a water quality standard,
N. NPDES PERMIT NO. NC0064246 contains the following relevant permit conditions:
NPDES Permit NC0064246 Part H. Section B. 2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or
sludge use or disposal in violation of this permit with a reasonable likelihood of adversely
affecting human health or the environment [40 CFR 122.41(d)].
NPDES Permit NC0064246 Part II. Section C. 2. Proper Operation and Maintenance
The permittee shall at all tunes properly operate and maintain 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.
NPDES Permit NC0064246 Part II. Section C. 6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1
and in a manner, such as to prevent any pollutant from such materials from entering
waters of the State or navigable waters of the United States except as permitted by the
Commission. The permittee shall comply with all applicable state and federal regulations
governing the disposal of sewage sludge, including 40 CFR 503, Standards for the use
and Disposal of Sewage Sludge The permittee shall notify the Permit Issuing Authority
(DWR) of any significant change in its sludge use or disposal practices.
NPDES Permit NC0064246 Part H. Section E. 6. Twenty -Four Hour Reporting
The permittee shall report to the Director or appropriate regional office any
noncompliance that potentially threatens public health or the environment. Any
information shall be provided orally within 24 hours from the time the Permittee became
aware of the circumstances. Occurrences outside normal business hours may also be
reported to the Division's Emergency Response personnel at 800-858-0368.

'ermit NC0064246 Part II. Section E
The permittee shall report by telephone to either the central office or the appropriate
regional office of the Division as soon as possible, but in no case more than 24 hours or
on the next working day following the occurrence or first knowledge of the occurrence of
any of the following: Any process unit failure, due to know or -unknown reasons, that
render the facility incapable of adequate wastewater treatment such as mechanical or
electrical failures of pumps, aerators, compressors, etc.
O. A DWR file review confirmed that Joel M. Pace 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 standard or limitation
established for any point source.
P. The unnamed tributary to Buffalo Creek (Wendell Lake) is classified as C -Nutrient
Sensitive Waters (NSW) in the Neuse River Basin.
Q. The cost to the State of the enforcement procedures in this matter totaled $603.26.
Based upon the above Findings of Fact, I make the following:
H. CONCLUSION OF LAW
A. Joel M. Pace is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S 143-
212(4).
B. The unnamed tributary to Buffalo Creek (Wendell Lake) located at the site constitutes
waters of the State within the meaning of G.S. 143-212 (6).
C. Joel M. Pace was issued NPDES Permit No. NC0064246 in accordance with G.S. 143-
215.1(a).
D. On July 6, 2017, Joel M Pace violated Title 15A North Carolina Administrative Code
02B .0211 (2) by causing the waters to be unsuitable for aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture.
E. On July 6, 2017, Joel M Pace violated NPDES Permit NC0064246 Part II Section B. 2.
Duty to Mitigate by failing to take all reasonable steps to minimize or prevent any
discharge or sludge use or idisposal in violation of this permit with a reasonable likelihood
of adversely affecting human health or the environment.
F. On July 6, 2017, Joel M
by failing to properly of
sludge to be discharged
G. On July 6, 2017, Joel M.
Removed Substances by
215.1 and in a manner su
waters of the State.
;e violated NPDES Permit NC0064246 Part H. Section C. 2.
and maintain the wastewater treatment plant by allowing
the creek.
ce violated NPDES Permit NC0064246 Part II. Section C. 6
utilizing/disposing of sludge in accordance with NCGS 143 -
as to prevent any pollutant from such materials from entering

H. Joel M. Pace violated NPDES Permit NC0064246 Part II. Section E. 6. Twenty-four Hour
Reporting by not reporting the discharge of sludge into the unnamed tributary that
potentially threatened public health or the environment within 24 hours.
I. Joel M. Pace violated NPDES Permit NC0064246 Part II. Section E. 9b. Noncompliance
Notification by failing to report process unit failures as soon as possible, but in no case
more than 24 hours or on the next working day following the occurrence that basin #2 had
turned dark brown and flow was cut off to that basin, and that blower #1 was not able to
be repaired onsite.
Joel M. Pace 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 or to 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 tins Part.
K. The State's enforcement cost in this matter may be assessed against Joel M. Pace pursuant
to G.S. 143-215.3 (a)(9) and G.S. 143B -282.1(b)(8).
L. John Hennessy 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. DECISION
Accordingly, Joel M. Pace is hereby assessed a civil penalty of:
$ 6g ©o
for violation of Title 15A North Carolina Administrative Code 02B .0211 (2) by
causing the waters to be unsuitable for aquatic life propagation and maintenance
of biological integrity, wildlife, secondary recreation, and agriculture along 500
feet of the receiving stream.
0
$
for violation of NPDES Permit NC0064246 Part II Section B. 2. Duty to Mitigate
by failing to take all reasonable steps to minimize or prevent any discharge or
sludge use or disposal in violation of this permit with a reasonable likelihood of
adversely affecting human health or the environment.
for violation of NPDES Permit NC0064246 Part II. Section C. 2. by failing to
properly operate and maintain the wastewater treatment plant by allowing sludge
to be discharged into the unnamed tributary to Buffalo Creek (Wendell Lake).
`"/�y
$
for violation of NPDES Permit NC0064246 Part II. Section C. 6. Removed
Substances by not utilizing/disposing of sludge in accordance with NCGS 143-
215.1 and in a manner, such as to prevent any pollutant from such materials from
entering waters of the State.

$ Ud for violation of NPDES Permit NC0064246 Part II. Section E. 6. Twenty-four
Hour Reporting by not reporting the discharge of sludge into the unnamed
tributary that potentially threatened public health or the environment within 24
hours.
$ for violation of NPDES Permit NC0064246 Part II. Section E. 9b.
Noncompliance Notification by failing to report process unit failures as soon as
possible, but in no case more than 24 hours or on the next working day
following the occurrence that basin #2 had turned dark brown and flow was cut
off to that basin, and that blower #1 was not able to be repaired onsite.
$ zj j—d d TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 60,,33�.26 Enforcement Cost
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 au- 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.
Date ohn Hennessy
Division of Water Resources