NC0041483_LV-2019-0344 Remission Denied - final w sigs_20200213

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 13, 2020
CERTIFIED MAIL #7003 2260 0005 5380 5275
RETURN RECEIPT REQUESTED
Sunrise and Sons LLC
Sunrise Mobile Home Park
c/o Glen Price, ORC
106 Short Street
Kernersville, North Carolina 27284
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Sunrise Mobile Home Park WWTP
NPDES Permit NCO041483
Case LV-2019-0344
Guilford County
Dear Mr. Price:
The Division of Water Resources (DWR) has considered your information submitted in support of your
request for remission in the subject cases. In accordance with NCGS 143-215.6A(f), the DWR finds no
cause to remit the original civil penalty assessment of $454.98.
If you choose to pay the penalty, send payment to the letterhead address within thirty (30) days of
receipt of this letter. Please make the check payable to NCDEQ.
If payment is not received within thirty (30) days of receipt of this letter, in accordance with NCGS
§ 143-215.6A (f), your request for penalty remission (with supporting documents) together with DWR's
recommendation to deny the request will be delivered to the North Carolina Environmental Management
Commission's (EMC's) Committee on Civil Penalty Remissions (the Committee) for final agency
decision.
If you desire to make an oral presentation to the Committee on why your request for remission meets
one or more of the five statutory factors you were asked to address, you must complete and return the
attached form within thirty (30) days of receipt of this letter. Please mail the completed form to:
Joe R. Corporon P.G.
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Your request for an oral presentation and the documents in this matter will be reviewed by the EMC
Chairman and, if it is determined that there is a compelling reason to require an oral presentation from
you, the Commission will notify you by certified mail of the date, time, and place for your oral
presentation. Otherwise, the final decision on your request for remission will be made by the Committee
based on the written record.
Thank you for your continued cooperation in this matter. If you have any questions about this letter,
please contact Joe R. Corporon P.G. at [phone] [e-mail].
for S/ Danial Sfnith, D�ector
Division of Whter Resources
Enclosed: Civil Penalties Remission Review — signed
Request for Oral Presentation — form
ec: Enforcement File
Winston - Salem Regional Office (WSRO)
Central Files

STATE OF NORTH CAROLINA
COUNTY OF Guilford
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Sunrise and Sons LLC
Sunrise Mobile Home Park
ENVIRONMENTAL MANAGEMENT COMMISSION
DEQ Case Number LV-2019-0344
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I
assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental
Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my
representative during a Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted
in my original remission request, and because no factual issues are in dispute,
my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial. You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity.
If you or your representative would like to speak before the Committee, you must complete and return this
form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before
the Committee, then you do not need legal representation before the Committee; however, if you intend on
having another individual speak on your behalf regarding the factual situations, such as an expert, engineer or
consultant, then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on
the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee, then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts
by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature
and 2) for corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of . 20
SIGNATURE
ADDRESS
TITLE (President, Owner, etc.)
TELEPHONE

DIVISION OF WATER RESOURCES
CIVIL PENALTY REIVIISSION FACTORS — Signature Form
Case Number: LV-2019-0344 Region: Fayetteville County: Gilford
Assessed Entity: Sunrise Mobile Home Park Permit: NCO041483
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
" Whether the violator promptly abated continuing environmental damage:
Permittee States: [paraphrased] ... despite routine maintenance of brushing and de -scaling LTV
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 Coliform 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) Whether the violation was inadvertent or a result of an accident:
Permittee States. [asserted, but not further explained]
DWR Response: —
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States.
DWR Response:
❑ (e) Whether payment of the civil penalty will prohibit remaining remedial actions:
Permittee States:
DWR Response:
DECISION (Check One)
Request Denied M
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty (without Enforcement Costs) $ !$ 4 D
Partial Remission ❑ % or $
Subtotal
Retaining Enforcement Costs
(enter amount)
(amount remitted)
Total Revised As7/1�
$
'X61 /C !la 6)
W�rrS. Daniel Smith ate