NC0064246_LM-2019-0024 CPA_20190607

ROY COOPER
'11CHAEL 5_ RECAN
sw rtur
LINDA CULPEPPER
NORTH CAROL N,'
£nVirnnmt-nrul Qualiry
Certified !Mail # 7017 0190 0000 9562 6797
Return Receipt Requested
June 07, 2019
Joel Merle Pace, Owner
Pace Mobile Park
13262 Buffalo Rd
Clayton, NC 27520-6917
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. NCO064246
Joel Merle Pace
Pace Mobile Home Park
Case No. LM-2019-0024
Johnston County
Dear Mr. Pace:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S232.36 (S200.00 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
(DMR) submitted by Joel Merle Pace for the month of February 2019. 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. NC0064246.
The violations, which occurred in February 2019, 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 terms, conditions or
requirements of NPDES WW Permit No. NCO064246 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).
sys -

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
Bough, L.G., Assistant Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Joel Merle Pace_
$100.00 1 of l 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 BOD, 5-Day (20 Deg. C)
- Concentration
$100.00 1 of 1 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 NiF,
NIFC Broth, 44.5 C
$0-00 0 of 1 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 Minimum for Oxygen, Dissolved (DO)
$0.00 0 of 1 violations of G.S. 143-2 t 5.1(a)(6) and Permit No. NCQ064246, by discharging waste water
into the waters of the State in violation of the Permit Daily Minimum for mil
S0.00 0 of l 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 Monthly Average for BOD 5-Day J20 Deg.
C) - Concentration
0. 0 for 0 of the 1 failures to properly monitor Chlorine, Total Residual in violation of Permit No.
NC0064246.
S200.00 TOTAL CIVIL PENALTY
$32.36 Enforcement Costs
$232.36 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. 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
(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 itiziver
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:
(I) 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 Nlananement Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider infonnation 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 remissionyou must complete and submit the enclosed -Request for Remission of Civil Penalties
Waiver of Ri At to an Administrative Ulearing 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 learings:
If you wish to contest any statement in the attached assessment document, you must Ole a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings_ You must Ole 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 bet%veen 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 (ifa riling fee is required by NCGS §150B-?3?) 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 I learings 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 follo%vs:
6714 Mail Sen-ice Center
Raleigh, NC 27699 67t4
Tel: [phone]
Fax: (919) =43 f -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 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 Mitchell I -layer with the Division of Water Resources staff of the Raleigh
Regional Office at (919) 7914200 or via email at mitch.hayes,crncdenr.gov.
Sincerely,
Rick olich, L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance::Enforcement Unit - Enforcement File
Central Files

ATTACHMENT A
Joel Merle Pace
CASE NUMBER: LM-2019-0024
PERMIT: NCO064246
FACILITY: Pace Mobile Home Park
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
REGION: Raleigh
COUNTY: Johnston
Violation
Report
Unit of
Limit
Calculated
% Over
Violation
Date
MonthNr
Parameter
Frequency Measure
Value
Value
Limit
Type
2/21/2019
2-2019
BOD, 5-Day (20 Deg.
Weekly mgll
13.50
38
181.5
Daily
C) - Concentration
Maximum
Exceeded
2/28/2019
2-2019
BOD, 5-Day (20 Deg.
Weekly mgll
9
10.52
16.9
Monthly
C) - Concentration
Average
Exceeded
2/28/2019 2-2019 Coliform, Fecal MF,
MFC Broth, 44.5 C
2/28/2019 2-2019 Oxygen, Dissolved
(DO)
2128/2019 2-2019 pH
MONITORING VIOLATION(S)
SAMPLE LOCATION:
Outfall 001 - Effluent
Violation Report
Date MonthNr
Parameter
202019 2-2019
Chlorine, Total
Residual
Penalty
Amount
$100.00
$0.00
Weekly #1100ml 400
1,990 397.5 Daily $100.00
Maximum
Exceeded
Weekly mgll 5
0.37 -92.6 Daily $0.00
Minimum Not
Reached
Weekly su 6
0.2 -96.7 Daily $0.00
Minimum Not
Reached
Unit of Limit Calculated %, Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
-2 X week l ugrl Frequency $0.00
Violation

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LNI-2019-0024 County: Johnston
Assessed Party: Joel Merle Pace
Permit No.: NC0064246 Amount Assessed: 5232.36
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Renussion,
Waiver of Right to an .-Idministrative Hearing, and Stipalatiou 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 maybe 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. 14313-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment f actors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., erplaiu the
steps that you took to correct the violation and prevent jature occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation wags unavoidable or
something you could not prevent or pr'eptar'e f));
(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-, crplain
how payment of the civil penalty hill pre vent -Vora from pea forming the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT } WAIVER OE RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AD`IINISTRATIVE HEARING AND
STIPULATION OF FACTS
Joel Merle Pace )
Pace Mobile Home Park 1
PERMIT NO. NCO064246 } CASE NO. LNI-2019-0024
Having been assessed civil penalties totaling S232.36 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 07, 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 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
ADDRESS
TELEPHONE
SIGNATURE
20