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be withdrawn.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
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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.
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Att: Wes Bell
Fax: 704-663-6040 ti
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Per your request,the date on our application for Special Order by Consent has been
e f. modified. Corrected first page is attached.
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Please call if you have any questions. Ai
David L. McCall
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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.
•
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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