NC0041483_Remissions v3 DWR Review Summary and Recommendation_20200206

Remission Request Summary
Review and Recommendations
To: John Hennessy Date
From: Joe R. Corporon P.G.
Assessed Party: Sunrise MHP
Case No.: LV-2019-0344
Case Background and Assessment
County:
Permit No:
06Feb2020
Guilford
NCO041483
30Junl998 DWR issued Permit NCO041483 to Sunrise Mobile Home Park
Region: WSRO
21Nov2019 DWR assessed Sunrise MHP was assessed a civil penalty of $454.98 (350.00 civil
penalty plus $104.98 enforcement costs):
$250.00 for 1 of 1 violation of G.S. 143-215.1 (a)(6) and NPDES permit NCO041483
by discharging wastewater into the waters of the State in violation of a Permit
Monthly Average for Fecal coliform in July 2019.
$100.00 for 1 of 1 violation of G.S. 143-215.1 (a)(6) and NPDES permit NCO041483
by discharging wastewater into the waters of the State in violation of a Permit Daily
Maximum for Fecal coliform in July 2019.
Total = $454.98 [penalties $350.00 plus costs of $104.98L
Remission Request (Summary)
23Dec2019 Remission request received
06Feb2020 Remission review
Sunrise MHP -- see Permittee's Remission Request dated 04Dec2019
Summary [paraphrased] ...despite routine maintenance of brushing and de -scaling the UV bulb and
internal sheath, efforts were ineffective toward compliance. We again repeated routine procedures after
each notice of violation. Our only way to judge performance is by routine bimonthly lab analysis.
rev 3.0 — jan2020

Sunrise MHP —Remission Factors Asserted:
(a) whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner
Permittee States: [not asserted]
DWR Response:
(b) the violator promptly abated the violation averting continuing environmental damage
Permittee States: [paraphrased] ...despite routine maintenance of brushing and de -scaling UV
bulbs and internal sheaths, our efforts were insufficient to remain compliant. We repeated routine
procedures after each notice of violation (NOV), but could not judge compliance until after lab
results were received.
DWR Response: The Permittee has a recent history of Fecal Coll form infractions
[May2019 and Sep2019). It is the permittee's responsibility under the permit to perform
routine operation and maintenance adequate to maintain compliance. DWR recommends
no remission.
(c) the violation was inadvertent or result of an accident
Permittee States: [asserted, but not further explained]
DWR Response:
(d) the violator had not been assessed civil penalties for any previous violations
Permittee States: [not asserted]
WR Response:
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions
Permittee States: [not Asserted]
DWR Response:

r-111V UC111C111 II1JLV
• No Assessments since reactivated in May2017
• Other NOD/NOVs date back to May2017_
• NOD-2017-MV-0030 Monitoring violations only May 2017
• NOD-2017-MV-0193 Monitoring violations only Nov2017
• NOD-2018-MV-0040 Monitoring violations only Dec2018
• NOV-2019-MV-0353 Limit violations for fecal coliform May2019
• NOV-2019-MV-0354 Limit violations for fecal coliform May2019
• NOV-2019-MV-0664 Limit violations for fecal coliform Sep2019
Draft Remission Recommendations -- Regional Office and Central Office
• WSRO Regional Office Recommendation* (Check One)
Request Denied X
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Proposed Remission ❑ remit % (amount remitted) $
[051762020 Pre -Review Conference: Joe Corporon with Jenny Graznak (WSRO)]
• DWR Central Office Recommendation (Remission Meeting Results)
Number of violations assessed together 2 of 2
Remission Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty
Partial Remission
Retaining Costs (?) of
Prepared by
$ $454.98_
❑ % and/or $
e
Total [Revised] Assessment $
Date: 061762020
(amount remitted)