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Home My WebLink AboutNC0022462_LV20180021_20180202•- r > �1 Water Resources ENVrRQNMC-%rT ,L OtsALITY Certified Mail # 7013 2630 0002 1133 9601 Return Receipt Requested February 02, 2018 Teresa I Schenk Sherwood Mobile Home Park Associates LP c/o DRS Realty Company 8255 Cascade Ave Ste 120 Commerce Township, MI 48382-2217 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 NCO022462 Sherwood Mobile Home Park Associates LP Sherwood Mobile Home Park WWTP Case No LV -2018-0021 Onslow County Dear Permittee ROY COOPER Gor ern;? 1\1ICHAEL S-. REG AN sgcr€ m' LLN, DA CLZPEPPEF, �eetr- RECEIVED/®EMR/DWR FEB 13 2018 Water Resources Permitting Section This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3 87 75 ($250 00 civil penalty + $137 75 enforcement costs) against Sherwood Mobile Home Park Associates LP This assessment is based upon the following facts a review has been conducted of the Discharge Monitoring Report (DMR) submitted by Sherwood Mobile Home Park Associates LP for the month of November 2017 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 NCO022462 The violations, which occurred in November 2017, are summarized in Attachment A to this letter Based upon the above facts, I conclude as a matter of law that Sherwood Mobile Home Park Associates LP violated the terms, conditions or requirements of NPDES WW Permit No NCO022462 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 l(a) Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Morella Sanchez King, Acting Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Sherwood Mobile Home Park Associates LP State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 S000 0 of the 1 violations of 143-215 1(a)(6) and Permit Ilio NC0022462, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for N -H3 -N - Cone $250 00 1 of the 1 violations of 143-215 1(a)(6) and Permit No NC0022462, by discharging waste water into the waters of the State in violation of the Pen -nit Monthly Average for NH3-N - Conc $250 00 TOTAL CIVET, PENALTY $137 75 Enforcement Costs $38775 TOTAL AMOUNT DUCE 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 _ectifymg 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 oL 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 7699-1617 Option 2: Submit a written request fdr remi ;cion 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 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 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 Q 0) 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 hearinIz with the Office of Administrative Hearinj4s: 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 =iclings Monday through Friday between the hours of 8 00 a in and 5 00 p in , 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 §15OB-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 (919) 431-3000 Fax (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows Mr William F Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Ca_ohna 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 (3 0) 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 Dean Hunkele with the Division of Water Resources staff of the Wilmington Regional Office at (910) 796-7215 or via email at dean hunkele@ncdenr gov Acting Regional Supervisor Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ ATTACHMENTS Cc WQS Wilmington Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2018-0021 County: Onslow Assessed Party: Sherwood Mobile Home Park Associates LP Permit No.: NCO022462 Amount Assessed: $38775 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 § 14313-282 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 DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF ONSLOW IN THE MATTER 0- ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Sherwood Mobile Home Park Associates LP ) Sherwood Mobile Home Park WWTP 1 PERMIT NO NCO022462 ) CASE NO. LV -2018-0021 Having been assessed civil penalties totaling $387 75 for violation(s) as set forth in the assessment document of the Division of Water Resources dated February 02, 2018, 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 (3 0) 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 ATTACHMENT A t Sherwood Mobile Home Park Associates LP CASE NUMBER. LV -2018-0021 PERMIT NCO022462 REGION Wilmington FACILITY. Sherwood Mobile Home Park WWTP COUNTY- Onslow 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 11/16/2017 11-2017 Nitrogen, Ammonia 3 X week mg/1 20 21 6 80 Daily $000 Total (as N) - Maximum Concentration Exceeded 11/30/2017 11-2017 Nitrogen, Ammonia 3 X week mg/1 4 529 32 3 Monthly S25000 Total (as N) - Average Concentration Exceeded DIVISION OF WATER RE -SOURCES - CIVIL PENALTY ASSESSMENT Violator: Sherwood Mobile Home Park Associates LP Facility Name: Sherwood Mobile Dome Park WWTP Permit Number: NCO022462 County: Onslow Case Number: LV -2018-0021 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; The degree and extent of harm has not been quantified, however, high ammonia concentrations in wastewater effluent can lead to degradation of the receiving stream (eutrophication, oxygen depletion, harmful effects on aquatic life, etc ) Characteristics of the receiving stream are listed below Basin Name/Sub-basin number White Oak/ 03-05-02 Receiving Stream UT to Mott Creek Stream Classification in Permit C -NSW 2) The duration and gravity of the violation; The November 2017 DMR indicates that the facility exceeded the permit limits for total ammonia (1) daily maximum limit (on 11/16/2017- WiRO is not assessing for this violation) and (2) monthly average 3) The effect on ground or surface water quantity or quality or on air quality; The effect on ground or surface water quantity or quality have not been evaluated 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown 5) The amount of money saved by noncompliance; Unknown 6) Whether the violation was committed willfully or intentionally; There is no evidence that the violation was committed willfully or intentionally However, an NOV for daily maximum ammonia violations was issued in July 2017 (Ref NOV-2017-LV-0607) 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 The facility has one previous enforcement action in the preceding 12 -month period 8) The cost to the State of the enforcement procedures. $137.75 0 -7,Aj 2, ZO I Date COPY Morella Suez K>tng, Asst. Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cei tified MaH # 7013 2630 0002 1133 134271 Return Receipt Reg uested January 2, 2018 Teresa I Schenk Sherwood Mobile Home Park Associates LP Care Of Drs Realty Company 8255 Cascade Ave Ste 120 Commerce Township, MI 48382-2217 SUBJECT NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number- NOV-2018-LV-0003 Permit No NCO022462 Sherwood Mobile Home Park WWTP Onslow County Dear Permittee ROY COOPER I+JJCaAEL S_ REGAI, �EG� E:ttiT3 LINDA CLTLPEPPER A review of the November 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below. Limit fExceedance Violation(s): Sample Limit Reported Location Parameter Date !Value !Value Type of Violation 001 Effluent Nitrogen, Ammonia Total (as 11/16/2017 20 216 Daily Maximum Exceeded N) - Concentration (C0610) 001 Effluent Nitrogen, Ammonia Total (as 11/30/2017 4 5 29 Monthly Average Exceeded N) - Concentration (C0610) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G S.) 143-215 1 and the facility's NPDES WW Permit Pursuant to G S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000 00) 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 143-215 1 State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 If you wish to provide additional information regarding the noted viblation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice FA review of your response will be considered along with any information provided on the submitted Monitoring Report(s) You will then be notified of any civil penalties that may be assessed regarding the violations If no response is received in this Office within the 10 -day period, a civil) penalty assessment may/ be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future The Division of Water Resources may pursue enforcement action for this and any additional violations of State law If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent Reminder Pursuant to Permit Condition 6 in Section =, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit A written report may be required within 5 days if directed by Division staff Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the Wilmington Regional Office at 910-796-7215 Sincerely, M ' eila"Saal ez King, Acting Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc- WQS Wilmington Regional Office - Enforcement File, Central Files, WQS State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 :- ® Complete Items 6, &, -- ® print your name and address on the reverse so that we can return the card to you Ili Attach this card to thebmo the mallplece, or on the front if space permits / I article Addressed to i - i�5 9"INN 590 9402 2928 1094 4421 28 2 Article Number pransfer from service labelj9 2 0�p2 1],33 7p13 263 pS Form 3�1 o ,July 2015 PSN 7530-02-u0 --53 If YES, enter deuvery au --- -- ®omesbc Return Receipt RIA EWITIALBP ON 0 LE:) I. oTru r7�17f�bt � r� l rnPostage $ rR Certified Pee Postmark I Here Return Receipt Fee IzI C ----IjI (Endorsement Required) t_-] Restricted Jel very Fee (Endorsement Required) _ O �— Fri Total Postage Fees 61 ru r To Street, or PO city, may/ ,I%�/�-�-'-- 0 '�----- Pnonty Mail mss® 3. 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