Loading...
HomeMy WebLinkAboutNC0074799_Regional Office Historical File Pre 2018 A7d • NCDENR • • North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 7, 2011 Mr. David L. McCall Dt�r1�� RECEIVED McCall Properties,Inc O OF WATER QUALITY 21019 Lakeview Circle Cornelius,NC 28036 APR 1 1 2011 A Subject: Termination of Special Order by Consent REGIONAL OFFICE EMC SOC S 10-003 Pines Mobile Home Park Former NPDES Permit NC0074799 Gaston County Dear Mr.McCall: The Division of Water Quality has received your letter of March 30,2011,providing formal notice that the sewer line to convey wastewater from the Pines Mobile Home Park to the City of Gastonia collection system has been completed and is actively being used. Discharge to surface waters has been eliminated and the wastewater treatment plant has been properly closed out. These actions satisfy in full the terms of the Special Order by Consent(SOC)that was issued to you on September 10,2010. Per the terms of the SOC,because all of its conditions have been satisfied,all outstanding civil penalties against the Pines Mobile Home Park have been waived. Because all terms of the SOC have been satisfied,the SOC has been terminated prior to its expiration date. Additionally,because the discharge has been eliminated,the need for permit coverage no longer exists. Therefore,the NPDES permit has been allowed to expire,and the application for its renewal has been deemed to be withdrawn. Thank you for the professional and conscientious way in which you have addressed this matter. If you have any questions concerning this letter, please contact me by phone at(919) 807-6398,or via e-mail at bob.sledge@ncdenr.gov. Sincerely, f �xl Bo Sledge,Environmental Specialist Compliance&Expedited Permits Unit cc: Central Files SOC File NPDES Perit, ' e irtrAalle Regr rF r ?roteeti 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 One Location:512 N.Salisbury St.Raleigh,North Carolina 27604 � ' ' >:-:L"-= NorthCarolina. - Phone:919-807-6300\FAX:919-807-6492\Customer.Service:1-877-623-6'148 ��� Internet www.ncwaterquality.org Naturally An E lual Opportunity\Affirmative Action Employer A: . A If NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary RECEIVED SEf 1 0 2010 DIVISION OF WATER QUALITY Mr. David L. McCall SEP 1 6 2010 McCall Properties, Inc SWP SECTION 21019 Lakeview Circle MOORESVtLLE REGIONAL OFFICE Cornelius, NC 28036 Subject: SPECIAL ORDER BY CONSENT SOC No. S10-003 Pines Mobile Home Park Gaston County Dear Mr. McCall: Attached for your records is a copy of the signed Special Order by Consent approved by the Environmental Management Commission. The terms and conditions of the Order are in full effect, including those requiring submittal of written notice of compliance or non-compliance with any schedule date. Pursuant to North Carolina General Statute 143-215.3D, water quality fees have been revised to include an annual fee for activities covered under a Special Order by Consent. Pines Mobile Home Park will he subject to a fee of$250.00 on a yearly basis while under the Order. The initial fee payment will be invoiced at a later date, with future fee invoicing done on an annual basis. If you have any questions concerning this matter, please contact staff of the Surface Water Protection Section in the Mooresville Regional Office at (704) 663-1699 or Bob Sledge at (919) 807-6398. Sinc •e1y, Coleen H. S lens Attachment . cc: Jeanne Phillips Central Files NPDES Unit—SOC File ��: m ;',. :�; Tta��wa�t✓rrivicc,t?P11tR 1617 Mail Service Center.Raleigh,North Carolina 27699-1617 1�7t)11e Location:512 N.Salisbury St.Raleigh,North Carolina 27604 N of th C arol i na Phone:919-807-63001 FAX:919-807-64921 Customer Service:1-877-623-6748 r // Internet:www.ncwaterquality.org Natlll"l O/ An Fnual r)nnnrtundv,Affirmative Anlinn FmnInvAr NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF GASTON IN THE MATTER OF ) NORTH CAROLINA ) • SPECIAL ORDER BY CONSENT NPDES PERMIT NC0074799 ) EMC WQ S10-003 HELD BY DAVID L. McCALL ) Pursuant to provisions of North Carolina General Statutes (G.S.) 143-215.2,this Special Order by Consent is entered into by David L. McCall, hereinafter referred to as David McCall,and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. David McCall and the Commission hereby stipulate the following: (a.) David McCall holds North Carolina NPDES Permit NC0074799 for operation of the Pines Mobile Home Park wastewater treatment plant and for making an outlet therefrom for treated wastewater to an unnamed tributary to Crowders Creek, Class C waters of this State in the Catawba River Basin, but is unable to comply with the final effluent limitations for biochemical oxygen demand(BOD)and ammonia set forth in the Permit. Compliance will require preparation of plans and specifications for the connection of all wastewater to the City of Gastonia's wastewater collection system. (b.) That noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and the Pines Mobile Home Park wastewater treatment plant is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c.) Since this Special Order is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. 2. David McCall,desiring to comply with the permit identified in paragraph 1(a)above, hereby agrees to do the following: (a.) As settlement for all known permit limit violations associated with NPDES permit NC0074799 and penalties assessed prior to entering into this Special Order by Consent,David McCall agrees to an up-front penalty in the amount of$3,000.00. This penalty will be held in abeyance for the duration of the Order, appearing in paragraph 3 as the stipulated penalty to be paid if the elimination of discharge does not occur by the specified date. If the terms of the Order are fully satisfied, the penalty will be waived in its entirety. (b.) Undertake the following activities in accordance with the indicated time schedule: (1.) Begin Construction by no later than November 30, 2010, of wastewater piping system to connect the wastewater from the Pines Mobile Home Park wastewater treatment plant to the City of Gastonia's wastewater collection system. - 111.11111111 Pines Mobile Home Park EMC SOC WQ S 10-003 p. 2 (2.) Complete Construction by no later than June 30, 2011. (3.) Eliminate discharge by no later than August 31, 2011. (4.) Proper facility close-out and request rescission of permit by no later than October 31, 2011. (c.) During the time in which this Special Order by Consent is effective,comply with the interim effluent limitations contained in Attachment A. The following reflects only the limitations that have been modified from NPDES requirements by this Order: Parameters Unit Permit Limit (SOC) Modified Limits BOD(summer) mg/L 5.0(monthly avg.) 35.0(monthly avg.) mg/L 7.5 (daily max.) 45.0(daily max.) BOD (winter) mg/L 10.0(monthly avg.) 35.0(monthly avg.) mg/L 15.0(daily max.) 45.0(daily max.) NH3 as N(summer) mg/L 2.0(monthly avg.) monitor only mg/L 10.0(daily max.) monitor only NH3 as N(winter) mg/L 4.0(monthly avg.) monitor only mg/L 20.0(daily max.) monitor only (d.) No later than 14 calendar days after any date identified for accomplishment of any activity listed in 2(b)above, submit to the Director of DWQ written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s)taken,and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. David McCall agrees that unless excused under paragraph 4, he will pay the Director of the DWQ, by check payable to the North Carolina Department of Environment and Natural Resources, stipulated penalties according to the following schedule for failure to meet the deadlines set out in paragraphs 2.(b.) and 2.(d.), or failure to attain compliance with the effluent limitations/monitoring requirements contained in Attachment A. Failure to meet a schedule date $100/day for the first 7days; $500/day thereafter Failure to maintain compliance with $1000/violation any modified limit contained in the SOC. Failure to eliminate discharge $3,000.00 by August 31, 2011. Monitoring frequency violations $100 per omitted value per parameter Failure to submit progress reports $50/day for the first 7 days; $250/day thereafter PIPVF- Pines Mobile Home Park EMC SOC WQ S 10-003 p. 3 4. David McCall and the Commission agree that the stipulated penalties are not due if David McCall satisfies to DWQ that noncompliance was caused solely by: (a.) An act of God; (b.) An act of war; (c.) An intentional act or omission of a third party but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the permittee; (d.) An extraordinary event beyond the permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the permittee's control;or (e.) Any combination of the above causes. Failure to respond within 30 days of receipt of written stipulated penalty demand from DWQ and to pay the penalties,or challenge them by a contested case petition pursuant to G.S. l 50B-23,will be grounds for a collection action, which the Attorney General is hereby authorized to initiate.The only issue in such an action will be whether the 30 days has elapsed. 5. This Special Order by Consent and any terms,conditions and interim effluent limitations contained herein, hereby supersede any and all previous Special Orders and Enforcement Compliance Schedule Letters, and terms, conditions, and limitations contained therein issued in connection with NPDES Permit NC0074799. 6. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in addition to the above stipulated penalties, including injunctive relief pursuant to G.S. 143 2 15.6. 7. The permittee,upon signature of the Special Order by Consent, will be expected to comply with all schedule dates,terms, and conditions of this document. 8. This Special Order by Consent shall expire November 30, 2011. /Q,, I Date G -- 1 (� / 0 David all,Owner Pines Mobile Home Park For t rorth Carolina Environmental Management Commission Date 1/4 l(J 1/1-Chair of the Com i on ATTACHMENT A INTERIM EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this Special Order and lasting until August- 31, 2011, David L. McCall is authorized to discharge from outfall 001 at the Pines Mobile Home Park wastewater treatment plant. Such discharge shall be limited and monitored by David L. McCall as specified below: Parameter Limits Monitoring Requirements Monthly Daily Measurement Sample Average Maximum Frequency Sample Type Locations Flow 0.011 MGD Weekly Instantaneous Influent or Effluent BOD,5-day (20°C) 35.0 mg/L 45.0 mg/L 2/Month Grab Effluent April 1—October 31 BOD,5-day (20°C) 35.0 mg/L 45.0 mg/L 2/Month Grab Effluent November 1 —March 31 Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N monitoring only 2/Month Grab Effluent April 1—October 31 NH3 as N monitoring only 2/Month Grab Effluent November 1 —March 31 Effluent Dissolved Oxygen Weekly Grab U&D Fecal Coliform 200/100 ml 400/100 ml 2/Month Grab Effluent (geometric mean) Fecal Coliform 2/Month Grab U &D (geometric mean) Total Residual Chlorine3 • 28 µg/L 2/Week Grab Effluent Temperature (°C) Weekly Grab U&D Temperature (°C) Daily Grab Effluent >6.0 and<9.0 standard pH 2/Month Grab Effluent units Notes: I. U: upstream at least 100 feet from the outfall. D: downstream at least 300 feet from the outfall. 2. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North . Carolina certified laboratory (including field certified),even if these values fall below 50 µg/L. There shall be no discharge of floating solids or foam visible in other than trace amounts. Only those parameters noted in BOLD have had limits modified from those found in the NPDES Permit. -it".,,7rr.w.-.7.' :_p,454.,6,:-•. ,....,--,,v,rt.. .,, imma.,,,,,w... % ' V r.:. A lc„,r A• c lic.j. .; •,:-7.,\ . , fri 01 r , l' •;:--1?;'.-- a '1.-" _tl"'-`::‘1‘:', 7-',"..e:7'..., 06 McCall Properties -4 ri ' S.1 110 10 1 lilt 21019 Lakeview Circle - , Cornelius,NC 28036 .....,,. it .., ,, 177 Dralz c.P ns",./IL, - r,Ttpfl.. Pore r-vs-c Viri1 ,,, „. . T's-,,-4 ' '4,1,...--..- r..Yz.-11....e.....44.. '.- :,:r.r • tti March 31,2010 '-''a • ., it.:!: • r:.,4 ap Att: Wes Bell Fax: 704-663-6040 ti , Per your request,the date on our application for Special Order by Consent has been e f. modified. Corrected first page is attached. 4';... Please call if you have any questions. Ai David L. McCall '--;, . lg.), -,../.., • '4...'; -f.I. KOiiff•''' • ,,...:-c. r- • .,.,.t 'Jr: ''-.4.' • . . ••,:lt _,,•-• tr; , • •., t '...`.1:,:•,_ . ,::::,•,..T., • •Apf. ..., .r., - ,. _.-. Li,,.t.: r•4`, , , STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY APPLICATION FOR A SPECIAL ORDER BY CONSENT(SOC) I. PERMIT RELATED INFORMATION: 1. Applicant(corporation, individual, or other): 0 #\ ', .-- - V e C i I 2. Print or Type Owner's or Signing Official's Name and Title: D A u 'A., tr- el . C_rn 1 3. Facility Name(as shown on Permit): xL11 V i I kt�_ . r ir._ 4. Owner Phone: -Ci 4 - ficha -Li;0.k (or) ')G 4 -- 13) 1144.2 6 5. Owner Email: ilF\}fir ANN r^t,i_ l i 0 lol 11 ;oviiv. ALE 6, Application Date: .>' 3--1 U 7. NPDES Permit No. (if applicable): fa.. 00 -) q ci -- 8. Name of the specific wastewater treatment facility (ij tf rent from 13. above): - r+s. IL PRE-APPLICATION MEETING: Prior to submitting this completed application form, applicants must meet with the appropriate . regional office staff to discuss whether or not an SOC is appropriate for this situation. Please note the date this meeting occurred: _ IC - .7 s�a0p -- . V& ADDITIONAL FLOW OR FLOW REALLOCATION; In accordance with NCGS 143-2I5.67(b), only facilities owned by a unit of government may request additional flow. Additional flow may be allowed under an SOC only in specific circumstances. These circumstances may include eliminating discharges that are not compliant with an NPDES or Non-discharge permit. These circumstances do not include fai to perform When requesting r maintenance on treatment systems, collection systems or disposal systems. additional flow.the facility must include its justification and supporting documentation. ATP":7)A, ` NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 2, 2010 Mr. David L. McCall McCall Properties, Inc. 21019 Lakeview Circle MAR — 4 2010 Cornelius, NC 28036 Subject: Non Refundable Processing Fee Special Order by Consent EMC SOC WQ S 10-003 Pines Mobile Home Park WWTP NPDES Permit Number NC0074799 Gaston County Dear Mr. McCall: This is to acknowledge receipt of your application for an amendment to a Special Order by Consent (SOC), accompanied by your check number 17878 in the amount of$400.00. These items were received in our office on February 26, 2010. If you have any questions concerning the SOC, you may contact the Surface Water Protection Section staff of our Mooresville Regional Office at (704) 663-1699 or me in our Raleigh central office at(919) 807-6398. Sincerely, Bob Sledge NPDES Western Program cc: SOC Files w/attachment Central Files w/attachment 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Ouc Location:512 N.Salisbury St.Raleigh,North Carolina 27604 NorthCarohna Phone:919-807-6300\FAX:919-807-6492\Customer Service:1-877-623-6748 !/N���� Internet:www.ncwaterquality.org �atK1 An Equal Opportunity\Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY APPLICATION FOR A SPECIAL ORDER BY CONSENT (SOC) I. PERMIT RELATED INFORMATION: I. Applicant(corporation, individual.or other): 0 s .' ; - L 2. Print or Type Owner's or Signing Official's Name and Title: � Av . rr\c. Cc^ II 3. Facility Name(as shown on Permit): P i NF_t Y1"Ck) l e )-kc'r''°- i9a r 1� 4. Owner Phone: )U y - -tl)0.4 (or) --)O 4 - /37 - 6 5. Owner Email: Yv\Ary AnN Mc-t call be II .ranvi1.. Ne 6. Application Date: 3. 3-l 7. NPDES Permit No. (if applicable): fN c. GO -)q-) c rt 8. Name of the specific wastewater treatment facility (if different from L3. above): H. PRE-APPLICATION MEETING: Prior to submitting this completed application form, applicants must meet with the appropriate regional office staff to discuss whether or not an SOC is appropriate for this situation. Please note the date this meeting occurred: c) `I - d o i u • III. ADDITIONAL FLOW OR FLOW REALLOCATION: In accordance with NCGS 143-215.67(b), only facilities owned by a unit of government may request additional flow. Additional flow may be allowed under an SOC only in specific circumstances. These circumstances may include eliminating discharges that are not compliant with an NPDES or Non-discharge permit. These circumstances do not include failure to perform proper maintenance on treatment systems, collection systems or disposal systems. When requesting additional flow,the facility must include its justification and supporting documentation. If the requested additional flow is non-domestic, the facility must be able to demonstrate the ability to effectively treat the waste and dispose of residuals. The applicant must provide a detailed analysis of the constituents in the proposed non-domestic wastewater. The total domestic additional flow requested: N gallons per day. The total non-domestic additional flow requested: /V 1/- gallons per day. The total additional flow(sum of the above): ,J 111' gallons per day. Please attach a detailed description or project listing of the proposed allocation for additional flow, with an explanation of how flow quantities were estimated. Please be advised that any additional flow allowed by this requested SOC will be determined by a complete analysis of any projected adverse impact to wastewater treatment facilities and surface waters. IV. NECESSITY NARRATIVE: Please attach a narrative providing a detailed explanation of the circumstances regarding the necessity of the proposed SOC. Include the following issues: • Existing and/or unavoidable future violations(s)of permit conditions or limits(s), • The existing treatment process and any modifications that have been made to date, • Collection system rehabilitation work completed or scheduled(including dates), • Coordination with industrial users regarding their discharges or pretreatment facilities. Identify any non-compliant significant industrial users and measure(s) proposed or taken to bring the pretreatment facilities back into compliance. If any industrial facilities are currently under consent agreements,please attach these agreements. See r.t+- chched V. CERTIFICATION: The applicant must submit a report prepared by an independent professional with expertise in wastewater treatment. This report must address the following: • An evaluation of existing treatment units, operational procedures and recommendations as to how the efficiencies of these facilities can be maximized. • A certification that these facilities could not be operated in a manner that would achieve compliance with final permit limits. • The effluent limits that the facility could be expected to meet if operated at their maximum efficiency during the term of the requested SOC (be sure to consider interim construction phases). • Any other actions taken to correct problems prior to requesting the SOC. SOC Application ersion 2009Jul20 VI. PREDICTED COMPLIANCE SCHEDULE: with time frames that are The applicant must submit a detailed listing of activities along ould include for necessary to bring the facility into compliance. This schedules comtrin a mIn ilestone dates the be innin construction endin construction and ac ievtn finalmilestone dates, the following should be considered: • Time for submitting plans, specifications and appropriate engineering reports to DWQ for review and approval. • Occurrence of major construction activities that are likely to affect facility performance (units out of service, diversion of flows,etc.). • Infiltration/Inflow work, if necessary. if applicable. • Industrial users achieving compliance with their pretreatment permitspP • Toxicity Reduction Evaluations(TRE), if necessary. VII. FUNDING SOURCES IDENTIFICATION: The applicant must list the sources of funds utilized to complete the work needed to bring the facility into compliance. Possible funding sources include but are not limited to loan commitments,bonds, letters of credit.block grants and cash reserves.The applicant must show that the funds are available.or can be secured in time to meet the schedule outlined as part of this application. THIS APPLICATION PACKAGE WILL NOT BE AC CEPTED BY THE DIVISION OF ABLE ITEMS ARE INCLUDED WITH WATER QUALITY UNLESS ALL F THE APPLICABLE THE SUBMITTAL. Required Items: a. One original and two copies of the completed and appropriately executed application form, along with all required attachments. • If the SOC is for a City / Town, the person signing the SOC must be a ranking elected official or other duly authorized employee. • If the SOC is for a Corporation I Company / Industry % Other. the person signing the SOC must be a principal executive officer of at least the level of vice- president,or his duly authorized representative. • If the SOC is for a School District, the person signing the SOC must be the Superintendent of Schools or other duly authorized employee. Note: Reference to signatory requirements in SOCs may be found in the North Carolina Administrative Code [TI5A NCAC 2H .1206(a)(34 b. The non-refundable Special Order by Consent (SOC) processing fee of$400.00. A check must be made payable to The Department of Environment and Natural Resources. c. An evaluation report prepared by an independent consultant with expertise in wastewater. (in triplicate) SAX'.Application I ersion=009Jul.'!) PPFP APPLICANT'S CERTIFICATION: I, V Av• ,8, L . 1)'\ ..0 c= t f . attest this application for a Special Order by Consent (SOC) has been reviewed by me and is accurate and complete to the best of m., knowledge. I understand if all required parts of this application are not completed and if all required supporting information and attachments are not included, this application package may be returned as incomplete. Furthermore, I attest by my signature that I fully understand that an upfront penalty, which may satisfy as a full settlement for past violations, may be imposed. [Note: Reference to upfront penalties in Special Orders by Consent may be found in the North Carolina Administrative Code [T15A NCAC 2H .1206(c?t3)1.1 CiA'` / Date 1 . 1)— 1-0K, Si atureof finingOf)/ (/ // cial /7)16,- c e (( Pr?nted Name of Sigfting f icial THE COMPLETED APPLICATION PACKAGE, INCLUDING THE ORIGINAL AND TWO COPIES OF ALL SUPPORTING INFORMATION AND MATERIALS. SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER QUALITY PONT SOURCE BRANCH 1617 MAIL SERVICE CENTER RALEIGH,NORTH CAROLINA 27699-1617 IF THIS APPLCIATION IS FOR A NON-DISCHARGE SYSTEM, THEN SEND TO: NORTH CAROLINA DIVISION OF WATER QUALITY AQUIFER PROTECTION SECTION 1636 MAIL SERVICE CENTER RALEIGH,NORTH CAROLINA 27699-1636 4 SOC.-ippiicwivn J'ersion 20091u120 McCall Properties 21019 Lakeview Circle Cornelius,NC 28036 IV Necessity Narrative: My plant has been in non-compliance for 2 years. Numerous modifications have been put in place but I have found it difficult to meet the State's requirements. After discussions with State employees and other professionals, I have come to the conclusion that the best solution is to tie my sewer line into the existing sewer main operated by the City of Gastonia that runs through my property and close the plant entirely. Considering the monetary expense of making this change, it does not seem prudent to continue to spend money on the existing plant. I wish to spend the monies to tie into the city sewer which will totally solve the problem. During the period of construction,the plant will most probably continue to be in non- compliance. I ask for a remission of penalties during the construction period so that those funds can be used to tie into the city sewer. In addition, I request that my monthly BOD limits be 30 with daily BOD limits of 45 and my NH3 monthly limits be 25 with a daily limits of 35. V Certification Not applicable because plant will cease to exist VI Predicted Compliance Schedule Final plans will be completed and turned into the City of Gastonia by 3-15-2010. Plans will be fully approved by July 1 2010. Construction will begin by September 1, 2010, and completed by June 30, 2011. Sewer lines will be finished and connected by August 31,2011. VII Funding Sources Identification Funding source will be drawn from cash on hand. A copy of my IRA is attached. Required Items: Enclosed is my check for$400.00 and my engineer's reports. W 1L our I?j1 E-3'f. • ie"*"-3 1, Q.R0 Sow .4 <4I SURFACE WATER PROTECTION Wes Bell Samar Bou-Ghazale Marcia Allocco Dee Browder Mike Parker Donna Hood Debbie Ertel Rob Krebs Alan Johnson Polly Lespinasse Barbara Sifford John Lesley Kent Smith Lon Snider Michael Burkhard NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 26, 2010 CERTIFIED MAIL 7008 1140 0002 2716 1077 RETURN RECEIPT REQUESTED Mr. David McCall Pines Mobile Home Park 21019 Lakeview Circle Cornelius,North Carolina 28031 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0074799 Pines Mobile Home Park WWTP Gaston County Case No. LM-2010-0008 Dear Mr. McCall: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$283.71 ($200.00 civil penalty+ $83.71 enforcement costs) against the Pines Mobile Home Park. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for November 2009. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0074799. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Pines Mobile Home Park violated the terms, conditions, or requirements of NPDES Permit No.NC0074799 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Pines Mobile Home Park: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet www.ncwaterquality.org NaturallyAn Equal Opportunity l Affirmative Action Employer-30%Recycled/10%Post Consumer paper $ 0.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074799, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. $ 100.00 For 1 of the one (1)violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074799, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 100.00 For 1 of the one (1)violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074799, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia-nitrogen. $ 0.00 For 12 of the twelve (12) failures to monitor for temperature in violation of the terms of NPDES Permit No. NC0074799. $ 200.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 283.71 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. 143B-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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver 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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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"Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 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 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 between 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 (if a filing fee is required by NCGS §150B-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 of Administrative Hearings 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 follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent,please contact the Water Quality Section staff of the Mooresville Regional Office at(704) 663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments rb/ma ATTACHMENT A CASE NO. LM-2010-0008 Outfall Date Parameter Reported Value Permit Limit 001 11/5/09 BOD 30.0 mg/L 15.0 mg/L (Daily maximum) 001 11/30/09 BOD 19.5 mg/L* 10.0 mg/L (Monthly average) 001 11/30/09 Ammonia-nitrogen 12.5 mg/L* 4.0 mg/L (Monthly average) 001 Week ending 11/7/09 Temperature 2x/week Monitor 5x/week 001 Week ending 11/14/09 Temperature 2x/week Monitor 5x/week 001 Week ending 11/21/09 Temperature 2x/week Monitor 5x/week 001 Week ending 11/28/09 Temperature 2x/week Monitor 5x/week * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PINES MOBILE HOME PARK ) STIPULATION OF FACTS PERMIT NO.NC0074799 ) FILE NO. LM-2010-0008 Having been assessed civil penalties totaling$283.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 26, 2010, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 ,2010 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2010-0008 Assessed Party: Pines Mobile Home Park County: Gaston Permit Number: NC0074799 Amount Assessed: $283.71 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation 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. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) A'1,1:11 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 26, 2010 CERTIFIED MAIL 7008 1140 0002 2716 1077 RETURN RECEIPT REQUESTED Mr. David McCall Pines Mobile Home Park 21019 Lakeview Circle Cornelius,North Carolina 28031 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NC0074799 Pines Mobile Home Park WWTP Gaston County Case No. LM-2010-0008 Dear Mr. McCall: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$283.71 ($200.00 civil penalty+ $83.71 enforcement costs) against the Pines Mobile Home Park. This assessment is based upon the following facts: A review has been conducted of the self-monitoring data reported for November 2009. This review has shown the subject facility to be in violation of the discharge limitations and monitoring requirements found in NPDES Permit No. NC0074799. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Pines Mobile Home Park violated the terms, conditions, or requirements of NPDES Permit No. NC0074799 and North Carolina General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the Pines Mobile Home Park: Mooresville Regional Office Location:610 East Center Ave.,Suite 301 Mooresville,NC 28115 One Phone:(704)663-16991 Fax:(704)663-60401 Customer Service:1-877-623-6748 NorthCarolina Internet:www.ncwaterquality.org Natllt'Rl�IJ An CnnnI(ln..n.fi,nily efFr....�F...,A..Ni...C.....L...... 9nN o........L..IH nN�,..,.n...._................. !. $ 0.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074799, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOD. $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074799, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. $ 100.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0074799, by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for ammonia-nitrogen. $ 0.00 For 12 of the twelve (12) failures to monitor for temperature in violation of the terms of NPDES Permit No. NC0074799. $ 200.00 TOTAL CIVIL PENALTY $ 83.71 Enforcement costs. $ 283.71 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. 143B-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 violations; (2) The duration and gravity of the violations; (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 violations were 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 days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver 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: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 2. Submit a written request for remission 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 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 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 Quality 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 G.S. 143B-282.1(b) were 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 information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding 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"Waiver of Right to an Administrative Hearing and Stipulation of Facts"form within thirty(30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed"Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh,North Carolina 27699-1617 OR 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 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 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 between 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 (if a filing fee is required by NCGS §150B-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 of Administrative Hearings 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 follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh,NC 27699-6714 Tel: (919) 431-3000 Fax: (919)431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh,NC 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 notice, 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 the violations are of a continuing nature,not related to • operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. If you have any questions about this civil penalty assessment or a Special Order by Consent, please contact the Water Quality Section staff of the Mooresville Regional Office at (704) 663-1699. 2-I2--G f Z.O/ (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/attachments Compliance/Enforcement File w/attachments Central Files w/attachments • rb/ma • ATTACHMENT A CASE NO. LM-2010-0008 Outfall Date Parameter Reported Value Permit Limit 001 11/5/09 BOD 30.0 mg/L 15.0 mg/L (Daily maximum) 001 11/30/09 BOD 19.5 mg/L* 10.0 mg/L (Monthly average) 001 11/30/09 Ammonia-nitrogen 12.5 mg/L* 4.0 mg/L (Monthly average) 001 Week ending 11/7/09 Temperature 2x/week Monitor 5x/week 001 Week ending 11/14/09 Temperature 2x/week Monitor 5x/week 001 Week ending 11/21/09 Temperature 2x/week Monitor 5x/week 001 Week ending 11/28/09 Temperature 2x/week Monitor 5x/week * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND PINES MOBILE HOME PARK ) STIPULATION OF FACTS PERMIT NO. NC0074799 ) FILE NO. LM-2010-0008 Having been assessed civil penalties totaling$283.71 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 26, 2010, the undersigned, desiring to seek remission of the civil penalties, 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 Quality within 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 , 2010 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LM-2010-0008 Assessed Party: Pines Mobile Home Park County: Gaston Permit Number: NC0074799 Amount Assessed: $283.71 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation 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. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. 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. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (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., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER QUALITY ASSESSMENT FACTORS Violator: Pines Mobile Home Park Facility: Pines Mobile Home Park WWTP County: Gaston Case Number: LM-2010-0008 Permit Number: NC0074799 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; • The BOD concentration of 30.0 mg/L on November 5th exceeded the daily maximum permit limit of 15.0 mg/L whereas the BOD monthly average concentration of 19.5 mg/L exceeded the permit limit of 10.0 mg/L. The ammonia-nitrogen concentration of 12.5 mg/L reported for the monthly average exceeded the permit limit of 4.0 mg/L. NC0074799 requires that temperature be monitored five times per week and it was monitored only only two times during the weeks ending November 7th, 14th, 21st, and 28th. 2) The duration and gravity of the violation; The BOD concentration on November 5th exceeded the daily maximum permit limit by 100% whereas; the BOD monthly average concentration exceeded the permit limit by 95%. The ammonia-nitrogen monthly average concentration exceeded the permit limit by 212.5%. 3) The effect on ground or surface water quantity or quality or on air quality; Ammonia-nitrogen and BOD are treated as in-stream toxicants by the State of North Carolina since they are oxygen-consuming wastes; increased concentrations can reduce the amount of oxygen available to aquatic organisms. The effect on the receiving stream is unknown although the dissolved oxygen concentrations at the downstream sampling site were higher than the upstream concentrations on three of the five sampling events. The lowest dissolved oxygen concentration at the downstream station was 8.10 mg/L on November 24, 2009. 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is unknown but in a meeting with the permittee on October 20, 2009, the permittee stated he has spent >$40,000 in trying to repair and improve the WWTP. As of late November 2009 the permittee has decided to connect to the City of Gastonia's collection system and will be pursuing an SOC. No application has been received by MRO as of February 25, 2010. 6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has no evidence that the violation was committed willfully or intentionally. As of late November 2009 the permittee has decided to connect to the City of Gastonia's collection system and will be pursuing an SOC. 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 have been 37 other CPAs against the Pines Mobile Home Park during the life of the permit with 12 CPAs having been issued in the past twelve months as detailed below. Case Description Number LM-2010-0003 $283.71 LV for ammonia-nitrogen and BOD and LM for temperature. Penalty is unpaid. LV-2009-0432 $283.71 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0408 $283.71 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0391 $283.71 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0327 $283.64 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0311 $283.64 LV for ammonia-nitrogen and BOD. Penalty is unpaid. LV-2009-0299 $283.64 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0244 $183.64 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0194 $283.64 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0161 $183.64 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0120 $285.30 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. LV-2009-0085 $283.64 LV for ammonia-nitrogen and BOD. Penalty has been paid in full. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville regional Office was $83.71. h-G/Zvib Date Robert B. Krebs, Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality MONITORING REPORT(MR)VIOLATIONS for: Report Date: 02/08/10 Page: 9 of 24 Permit: % MRs Between: 11-2009 and 11-2009 Region:Mooresville Violation Category:Limit Violation Program Category:NPDES WW Facility Name: o° Param Name: % County:% Subbasin:% Violation Action: % Major Minor: to PERMIT:NC0069175 FACILITY: Ridge Community Sew• _ssociation-Ridge Community COUNTY:Gaston REGIO : Mooresville WWTP imit Viol- 'on MONI ORING OUTFALL/ VIOLATION UNIT OF CALCU .TED R ORT PPI .00ATION PARAMETER DATE FREQUEN,Y MEASURE LIMIT VA E VIOLATION TYPE VIOLATION ACTION 1 -2009 001 ffluent BOD,5-Day(20 Deg.C)- 11/19/09 2 X month mg/I 15 ' :7 Daily Maximum Exceeded one Concentration 1-2009 001 Efflu nt BOD,5-Day(20 Deg.C)- 11/30/09 2 X month mg/I 101 24.5 Monthly Average Exceeded Non Concentration 1 -2009 001 Effluent DO,Oxygen,Dissolved 11/16/09 Weekly mg/I 6 Y 5.65 Daily Minimum Not Reached None / 11 -2009 001 Effluent rogen,Ammonia Tot. (as 11/30/09 2 X month m. 4 , 18.1 Monthly Average Exceeded None N) Concentration PERMIT:NC0074799 FACILITY: Pines Mobile Home Park-Pines Mobile Home Park COUNTY:Gaston REGION: Mooresville Limit Violation 1.— — C. I 0-- MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE/10 VIOLATION TYPE VIOLATION ACTION 11-2009 001 Effluent BOD,5-Day(20 Deg.C)- 11/05/09 2 X month mg/I 151 / 30 . L )Daily Maximum Exceeded None 4i Qj Concentration 11-2009 001 Effluent BOD,5-Day(20 Deg.C)- 11/30/09 2 X month mg/I , 10V 19.5'� `l0 Monthly Average Exceeded None 4' ( ''IX:") Concentration _ 14 Ai. 11-2009 001 Effluent Nitrogen,Ammonia Total(as 11/30/09 2 X month mg/I 4 / 12.5 91T;Civionthly Average Exceeded None t J N)-Concentration ,(J NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary RECEIVED February 2,2011 DIVISION OF WATER QUALITY CERTIFIED MAIL 7009 1680 0002 2464 7330 FEB - 4 2011 RETURN RECEIPT REQUESTED St+ttl=SECTION MOORES J,LLE REGIONAL OFFICE DAVID L MCCALL PINES MOBILE HOME PARK 21019 LAKEVIEW CIRCLE CORNELIUS NC 28031 SUBJECT: Special Order by Consent Annual Fee EMC SOC WQ S 10-003 • Permit Number NC0074799 Pines Mobile Home Park Gaston County Dear Mr. McCall: All permittees operating under a Special Order by Consent(SOC)must pay an annual SOC Administration Fee. This requirement is documented in North Carolina General Statute 143-215.3D (c). For Calendar Year 2011,the SOC annual fee amount due is$250.00. Please submit payment as indicated below by March 11,2011. Please make checks payable to NCDENR,include your NPDES permit number(NC0074799)and SOC number(S 10-003)on the check. Send the SOC annual fee payment to: Dina Sprinkle Point Source Branch 1617 Mail Service Center Raleigh,NC 27699-1617 If you have evidence that this fee has already been paid,please contact me at(919) 807-6304. Sincerely, SZ/Itt-,44/74:41-M42.4 Dina Sprinkle Point Source Branch Cc: Central Files 9 4 gional Office/Surface Water Protection Regional Office Contact Fran McPherson,Annual Administering and Compliance Fee Coordinator 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Location:512 N.Salisbury St.Raleigh,North Carolina 27604 One Phone:919-807-63001 FAX:919-807-6492\Customer Service:1-877-623-6748 NorthCarolina Internet:vrww.ncwaterquality.org Naturally An Equal Opportunity\Affirmative Action Employer al