NC0089702_MV-2020-0007 CPA_20200701

ROY COOPER
cl.e' vrior
MICHAEL S. REGAN
Srrrrr:ry
S. DANIEL SMITH
Direclar
Certified 1lfail # 70172680000022369003
Return Receint Requested
Brandon Yancey, Director of Construction
Solis Brightleaf Apartments LLC
510 Glenwood Ave Ste 317
Raleigh, NC 27603
gArE',y
r :r n
NOR rf I CAROLINA
Environmental Quality
July 1, 2020
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- NCO089702
Solis Brightleaf Apartments LLC
Solis Brightleaf Apartments - Brownfield
Case No. MV-2020-0007
Durham County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $341.69 ($300.00 civil penalty
+ 541.69 enforcement costs) against Solis Brightleaf Apartments LLC.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Solis Brightleaf Apartments LLC for the month of November 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. NC0089702. The violations, which occurred in November 2019, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Solis Brightleaf Apartments LLC violated the terms,
conditions or requirements of NPDES WW Permit No. N00089702 and G.S. 143-215. l (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).
-i-

a
Based upon the above findings of fact and conclusions of law, and in accordance w ith authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the foltowing civil penalty assessment against Solis
Brightleaf Apartments LLC:
300.00 for 6 of the 6 failures to properly monitor Flow-, in conduit or thru treatment plant in violation of
Permit No. NC0089702.
300.00 TOTAL CIVIL PENALTY
41.69 Enforcement Costs
$341.69 TOTAL AMOUNT DUE
Pursuant to G.S. I43-215.6A(c), in determining (lie 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. 1 ')B-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 w ith 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 is Submit payment or the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do nol inchicle trainer
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 an) of the factual statements contained in
tite 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 143B-282. I (b) was wrongfully
applied to the detriment of the petitioner:
(2) whether the violator promptly abated continuin�z environmental damage resultin�41 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 )-our 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 Nlana-ement 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 reguest remission, you must coml2lete and submit the enclosed "'Reguest for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearin. and Sti ulation of Facts" form within thirty 30 days of recei t 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

O tion 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
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 I learings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered Fled
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition maybe 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 § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days folloNk ing the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions reaarding, 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 folloNNs:
671E Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
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/ ime 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 Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at cheng.zhan(,Cr ncdenr.gov.
Sincerely,
Scott Vinson, 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
Laserfiche

.JUSTIFICATION FOR REMISSION RE NEST
Case Number: MV-2020-0007 Countv: Durham
Assessed Party: Solis 13rightleaf Apartments LLC -
Permit No.: NC0089702 Amount Assessed: $341.69
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
J aiver of Right to on Achninistrative Hearing, crud Stipukttion of Fuet.�" 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 %Nether 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 follo%%ingg five factors appl). Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supportingg 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 factors ore livtecl in the civil penaliv assessment (1acurrtertl);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le- explain the
steps that you took to correel they violation curd pre veru future occurrence~);
(c) the violation was inadvertent or a result of an accident (i.e., exlAtin why the violation ► ets unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for an) previous violations:
(e) payment of the civil penalty will prevent payment for the remaining, necessary remedial actions (i.e., explain
haw perymenl of the civil penalty n-ill prevent yotr fi-o►rr per for•nritrg the crclivities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF DURHAM
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Solis Brightleaf Apartments LLC
Solis Brightleaf Apartments - Brownfield
PERMIT NO. NCO089702
DEPARTi41ENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTR.ITIVE HEARING AND
STIPULATION OF FACTS
CASE NO. MV-2020-0007
Having been assessed civil penalties totaling S341.59 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Julv 1. 2020, 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 , 20
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Solis Brightleaf Apartments LLC
CASE NUMBER: MV-2020-0007
PERMIT:
NCO089702
REGION:
Raleigh
FACILITY:
Solis Brightleaf Apartments - Brownfield
COUNTY:
Durham
MONITORING VIOLATION(S)
SAMPLE LOCATION: Outfall 00i - Effluent
Violation
Report
Unit of
Limit Calculated % Over
Violation
Penalty
Date
Month/Yr Parameter
Frequency
Measure
Value Value Limit
Type
Amount
11/7/2019
11-2019 Flow, in conduit or thru
Continuous
gpd
Frequency
$50.00
treatment plant
Violation
11/8/2019
11-2019 Flow, in conduit or thru
Continuous
gpd
Frequency
$50.00
treatment plant
Violation
11/9/2019
11-2019 Flow, in conduit or thru
Continuous
gpd
Frequency
$50.00
treatment plant
Violation
11/25/2019
11-2019 Flow, in conduit or thru
Continuous
gpd
Frequency
$50.00
treatment plant
Violation
11/26/2019
11-2019 Flow, in conduit or thru
Continuous
gpd
Frequency
$50.00
treatment plant
Violation
11/30/2019
11-2019 Flow, in conduit or thru
Continuous
gpd
Frequency
$50.00
treatment plant
Violation
10

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Solis BriQhtleaf Apartments LLC
Facility Name: Solis Brightleaf Apartments - Brownfield
Permit Number: NC0089702
County: Durham
Case Number: MV-2020-0007
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;
No known damage to environment, public health or private property
2) The duration and gravity of the violation;
Six daily flows were missed.
3) The effect on ground or surface water quantity or quality or on air quality,
Not documented.
4) The cost of rectifying the damage;
Not documented.
5) The amount of money saved by noncompliance;
It is not believed that any money was saved by these violations.
6) Whether the violation was committed willfully or intentionally;
It is not believed that the violations were committed 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
There has been one CPA in the past year.
8) The cost to the State of the enforcement procedures.
$41.69
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ