NC0064246_LV-2019-0031 CPA_20190213

I
ROY COOPER
N1C11AEL S, PEGAN
LINDA CULPEPPER
-'lo,r-f, C-AROL.NA
En virnnmenleil Quably
Certified Mail # 7017 0190 0000 9562 9101
Return Receipt Requested
February 13, 2019
Joel Merle Pace, Owner
Pace Mobile Home Park
13262 Buffalo Rd
Clayton, NC 27520-6917
SUBJECT: Notice of Violation and Assessment ol`Ch it Penalty
for Violations of North Carolina General Statute (G.S_) 143-215.1(a)(6)
and NPDES WW Permit No. NCO06.4246
Joel Merle Pace
Pace Mobile Home Park
Case No. LV-2019-0031
Johnston County
Dear Mr. Pace:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $332.36 (S300.00 civil penalty
+ S32.36 enforcement costs) against Joel Merle Pace.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(I)MR) submitted by Joel Merle Pace for the month of July 2018. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitorm- requirements found in NPDES WW Permit No. NC0064246. The
violations, which occurred in July 2018, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Joel Merle Pace violated the terns, conditions or
requirements of NPDES W1V Permit No. NCO064246 and G.S. 143-2 15. 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).
W Qom• .i 'i .ic1
y

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, 1, Rick
Bolich, L.G., Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment
against
Joel Merle Pact:
S300.00 2 of 2 violations of G.S. 143-215. 1 (a)(6) and Permit No. NC0064246, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Coliform, Fecal 111F,
NIFC Broth, 44.5 C
Sa300.00 TOTAL CIVIL PENALTY
S32.36 Enforcement Costs
S332.36 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. 143R-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 ivaivel-
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 live 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 wily 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. I (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing en% ironmental 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 Flearina and Sti ulation of Facts" form within thirty 30 days of receipt of this
notice. The Division of Water Resources also requests that you coml2letc 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

O tion 3: rile a yetition for an administrative hearinb with the Office of Administrative 1lcarinl!s:
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 tiled
when it is received in the Office of Administrative I-learin-s durin<_ nonnal oft ice hours. The Office of Administrative
I-learings accepts filings Monday through Friday between the hours of S: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 §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office_ or Administrative I learings with all questions regarding the tiling tee 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 follonvs:
Mr. William F. Lane, 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 or 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 maybe assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 79I-4200 or via email at miteh_hayes,ei.ncdenr.gow.
Sincerely,
Rick Bolich, L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Ralehfli Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance. --'Enforcement Unit - Enforcement File
Central Files

PERMIT: NCO064246
FACILITY: Pace Mobile Home Park
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Date Month/Yr
Parameter
7/12/2018 7-2018
Coliform, Fecal MF,
MFC Broth, 44.5 C
7/18/2018 7-2018 Coliform, Fecal MF,
MFC Broth, 44.5 C
ATTACHMENT A
Joel Merle Pace
CASE NUMBER: LV-2019-0031
REGION: Raleigh
COUNTY: Johnston
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
Weekly #1100ml 400 649 62.3 Daily $150.00
Maximum
Exceeded
Weekly #I100ml 400 2,420 505.0 Daily $150.00
Maximum
Exceeded

JUSTIFICATION FOR REMISSION REQUEST
Case Number:
Assessed Party
Permit No.:
LV-2019-0031
Joel Merle Pace
NCO064246
County: Johnston
Amount Assessed: S332.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Requcst For Remission,
Waiver of Right to ern .ldrnrnistrative Hearing, and Stipultrtion 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 wiry the
factor applies (attach additional pages as needed)_
(a) one or more of the cb, it penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the asse.ssnwnt_J<rctors are listed in the civil penaty, assessment doctoucru);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e„ explain the
steps that,rou took to correct the violation and prevent fimire occurrenecs);
(c) the violation was inadvertent or a result of an accident (ix_ explain irlty the violation was ttrxrvoidablc or
something you couhl not prevent or prepare for);
(d) (lie violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remainin4_ necessary remedial actions (i.e., explain
how pt{vmettt of the civil pentrlty brill prevent you front petfur-ming the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTII CAROLINA DEPARTMENT OF ENVIRONMENTAL. QUALITY
COUNT' OF JOI INSTON
IN THE MATTER OF ASSESSMENT ) NVAIVER OF RIGI T TO AN
OF CIVIL PENALTIES AGAINST ) AD,MINISTRATIVE BEARING AND
STIPULATION OF FACTS
Joel Merle Pace )
Pace Mobile Home Park )
PERMIT NO. NCO064246 } CASE NO. LN-2019-0031
Fla,ving been assessed civil penalties totaling $132.36 for violation(s) as set forth in the assessment document of Ilse Division
of Water Resources dated February 13, 2019, 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 N4'ater Resources within thirty (30) days of receipt of the notice
of assessment. No new c%-idence 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
ADDRESS
TELEPHONE
SIGNATURE