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HomeMy WebLinkAboutNC0070734_Regional Office Historical File Pre 2018 To: Permits and Engineering Unit Water Quality Section Date: March• 30 , 1992 NPDES STAFF REPORT AND RECOMMENDATIONS County: Gaston NPDES Permit No. : NC0070734 MRO No. : 92-51 PART I - GENERAL INFORMATION 1 . Facility and Address : Bobby and Lisa Ransom Single Family Residence 3902 Pineview Drive Gastonia , North Carolina 28056 2 . Date of Investigation: March 30 , 1992 3. Report Prepared By: Kim H. Colson, Environmental Engineer I 4 . Person Contacted and Telephone Number : Bobby Ransom, (704) 824-4700 5 . Directions to Site: From the intersection of NC Hwy 279 (New Hope Road) and SR 2634 (Southwood Drive) southeast of the City of Gastonia, travel south on SR 2634 approximately 0 . 1 mile and turn left onto SR 2633 (Pineview Drive) . Travel approximately 0. 45 mile. The Ransom residence is located at the end of SR 2633 on the left side of the cul-de-sac. 6 . Discharge Point(s ) , List for all discharge Points : - Latitude: 35° 12 ' 58" Longitude: 81° 06 ' 24" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No. : G14NE USGS Quad Name: Belmont , NC - SC 7 . Size ( land available for expansion and upgrading) : There is limited land available for expansion and upgrading . 8. Topography (relationship to flood plain included) : Moderate slopes ; the WWTP does not appear to be located within the 100 year flood plain. 9. Location of Nearest Dwelling: One dwelling is located within 150 feet . Page Two 10. Receiving Stream or Affected Surface Waters : UT Catawba Creek a. Classification: C b. River Basin and Subbasin No. : Catawba 030836 c . Describe receiving stream features and pertinent downstream uses : General "C" classification uses ; the receiving stream is a small (7Q10=0) stream with a rocky bottom and moderate stream gradient . PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1 . Type of Wastewater : 100% Domestic 0% Industrial a. Volume of Wastewater : 0.0004 MGD (Design Capacity) b. Types and quantities of industrial wastewater : N/A c. Prevalent toxic constituents in wastewater : N/A d. Pretreatment Program (POTWs only) : N/A 2 . Production Rates ( industrial discharges only) in Pounds per day : N/A a. Highest month in past 12 months : lbs/day b. Highest year in the past 5 years : lbs/day 3. Description of Industrial Process ( for industries only) and Applicable CFR Part and Subpart : N/A 4. Type of Treatment ( specify whether proposed or existing) : Existing treatment consists of a septic tank , subsurface sand filter , tablet type chlorination, chlorine contact tank, and cascade aeration. 5 . Sludge Handling and Disposal Scheme: Sludge will be pumped by a private septage pumping facility. 6. Treatment Plant Classification: Less than 5 points ; no rating ( include rating sheet) . No rating . 7 . SIC Code(s ) : 9999 Wastewater Code(s) : Primary: 04 Secondary : Main Treatment Unit Code: 45007 Page Three PART III - OTHER PERTINENT INFORMATION 1 . Is this facility being constructed with Construction' Grants Funds (municipals only)? N/A 2. Special monitoring requests : See below. 3. Additional effluent limits requests : N/A 4 . Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, air quality or groundwater? There are no known Air Quality , Groundwater , or Hazardous Waste concerns . 5 . Other : N/A PART IV - EVALUATION AND RECOMMENDATIONS The permittee , Bobby Ransom, has applied for NPDES permit renewal for the WWT facilities serving the permittee' s single family residence. It is recommended that the Permit be renewed with monitoring in accordance with the proposed general permits for single family residences . n/S Z Signature of Report Preparer Date D. 9-a.r. Water Quality Re onal Supervisor Date ,Affil"Ir jr 7. wag azouoo rccr 750 Ch Oat IN 'uq OPO 3896 zz'oo^ yj 70 fi 93 n,, �� . e*" v N. C. DEPT. OF NATURAL 6;; ti I RESOURCES AN!) J ' / � I '�� irl!:— . ` CONt LUNITY U!:i'ELOPMENT V Vil � �• MAR 2 4 1992 I 0(4' State of North Carolina DIVISION CF FNVIRONMENTAI MANAGEMENT I V Department of Environment, Health and Natural kiiiiiii4e4EGIOUL all" Division of Environmental Management 512 North Salisbury Street.Raleigh,North Carolina 27604 James G. Martin, Governor George T. Everett,Ph.D. William W. Cobey,Jr., Secretary Director March 18, 1992 Mr. BOBBY C. RANSOM,JR. BOBBY C. &LISA RANSOM 3902 PINEVIEW DRIVE GASTONIA, NORTH CAROLINA 28056 Subject: Application No. NC0070734 BOBBY C. &LISA RANSOM SFR Gaston County Dear Mr. RANSOM,JR.: The Division's Permits and Engineering Unit acknowledges receipt of your permit application and supporting materials received on March 18, 1992. This application has been assigned the number shown above. Please refer to this number when making inquiries on this project. Your project has been assigned to Mack Wiggins for a detailed engineering review. A technical acknowledgement will be forthcoming. If this acknowledgement is not received within thirty (30) days,please contact the engineer listed above. Be aware that the Division's regional office,copied below, must provide recommendations from the Regional Supervisor for this project prior to final action by the Division. If you have any questions,please contact Mack Wiggins at (919) 733-5083. Sincerely, C?gr-c ec'e0.714AL(t /at_id. Dale Overcash, P.E. Supervisor, NPDES Permits Group cc: Mooresville Regional Office Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer AA\ad' rROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT ENTAL MANAGEMENT COMMISSION POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NIIMIER ION FOR PERMIT TO DISCHARGE - SHORT FORM G FOR B1_ol7101-7I3IV AGENCY USE DATE RECEIVED only by services. wholesale and retail trade, l02 1 Oi 3 I / l� and other commercial establishments including vessels YEAR NO. DAY C). # 30V � Do not attempt to complete this form without reading the accompanying instructions ,$/,It) 'O7) Please print or type ��D 1. Name, address, and telephone number of facility producing discharge A. Name AAzy G' 1S /?N.. olrt- A/V•4 Go/A- Z/-14 /<, B. Street address J5' 7/>VG Vie w Die C. City CZ/1S-�o rvitt D. State Ail C E. County g.,4 <rioAi F. 21P �,,PGS"6 G. Telephone No. .70 4,1, e:9:12 IL7°O Area Code 2. SIC ■■■■ (leave blank) ,� / 3. Number of employees aAt //-- 4. Nature of business /v,,//1�O l�Se /5o2oC '� .�! /li, i ;-e_ /�,q/nl 1 � /�esU(; en,c 5. (a) Check here if discharge occurs all rear df; or J (b) Check the month(s) discharge occurs: N Iy 1.0 January 2.O February 3.0 March 4.0 April 5.0 Nay m 6.0 June 7.0 July 8.0 August 9.0 September 10.0 October �cfn rn 11.0 November 12.0 December co P')�I m (c) Mow many days per week: 3 M 1.01 2.0 2-3 3.0 4-5. 4.0 6E) ..... f,'e j y _64 y o o •� a 6. Types of waste water discharged to surface waters only (check as aoplicable) -tn - Lo 1 Flow, gallons per operating day Volume treated before discharging (percent) Discharge per - - _ operating day 0.1-999 1000-4999 5000-V999 10,000- 50,000 None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) A. Sanitary. daily average if04 X . . 8. Cooling water, etc., daily average i C. Other discharge(s). . . • . daily average; Specify -....__�_ D. Maximum per operat- ing day for combined discharge (all types) 7. If any of the types of waste identified in item 6. either treated or un- treated. are discharged to places other than surface waters, check below as applicable. taste water is discharged to: 0.1-999 1000-4999 5000.9999 10.000-49,999 50,000 or ,More (1) (2) (3) (4) (5) A. Municipal sewrr System -. II. Ihuw•rgr nand w•I I 4 • C. ;ept.lr tank ' D. Evaporation lagoon or pond • E. Other, specify: 8. Number of separate discharge points: A.xl s.02-3 C.0 4-5 0.0 6 or more 9. Namme of receiving water or waters /.G/L UT/9/y 7Lo Lfi9Ti9GcJ 6A C�� ee •10. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances 1dde4 as a result of your operations, activities, or processes: ammonia, cyanid, aluminum, beryllium, cadmaium, chromium, C... r lead, mercury, nickel, selenium, zinc, phenols, oil and grease. and(- (residual). A.Ayes 5.Ono i certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. `Zbbh,I C ranst,ryi . C�s� QY� . Printed Name of Person Signing Title .--(X4;lA24 /3 i !q 9a Date Application Signed 511� of 1 dent North Carolina General Statute 143-215.6(b) (2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, 'record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers u1_th, or knowly renders inaccurate any.recordiing or nonitorigg ¢vice or method required to be operated or maintained under Aptiale 21:oc. regulations of the Environmental management Corrsiesi implementing that Article, shall •be•.'-gui.ity. of a Misdemeanor punishable by aline not to exceed 51Q,nor), or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 prow:, a punishment by a fine of-not more than $10,000 or imprisonment not more than 5 years, or both, for a sinilar offense.) d DEPT. OF NATU=AL �� -•, a RESOURCES AND ^V COMMUNITY DEVELOPM 'P LN , rb 6 i992 AUG 2 �.�,..• 91YISI3N or E9VIREIUi MAMMIES State of North Carolina MU06 P r men Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27604 James G.Martin,Governor A.Preston Howard,Jr.,P.E. William W.Cobey,Jr.,Secretary Acting Director Regional Offices August 21, 1992 Asheville 704/251-6208 Mr. Bobby C. Ransom,Jr. 1950 C Robin Wood Road Fayetteville Gastonia,NC 28054 919/486-1541 Mooresville SUBJECT: Acknowledgment Receipt Letter 704/663-1699 County: Gaston Case No. RV 92-03 Raleigh 919/571-4700 Dear Mr.Ransom: Washington 919/946-6481 This is to acknowledge receipt of your check No. 1048 in the amount of$250.00 received from Lisa Ransom on August 19, 1992. This satisfies in full the civil assessment levied against Mr. Wilmington Bobby C.Ransom and this case has been closed. Payment of these penalties in no way precludes 919/395-3900 further action by this Division for future violations of the NPDES Permit. Winston-Salem If you have any questions concerning the assessment please call Robert Farmer or me at 919/896-7007 (919)733-5083. Sincerely, . Kent Wiggins,8ervisor Facilities Assessment Unit JKW/sb cc: MIIMINIUMin Enforcement/Compliance File Central Files Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer ‘',!:::41vii State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street• Raleigh,North Carolina 27604 James G.Martin,Governor George T.Everett,Ph.D William W.Cobey,Jr.,Secretary Director April 3, 1992 Certified Mail Return Receipt Requested Bobby C. Ransom Jr. Ransom Residence 3902 Pineview Drive Gastonia, NC 28056 SUBJECT: Request for Remission of Civil Penalty Puisuant to N.C.G.S. 143-215.6A(f) Ransom Residence Gaston County Permit No: NC0070734 File No: RV 92-03 Dear Mr. Ransom: I considered the information submitted in support of your request for remission in accordance with G.S. 143.215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of$250.00. Should you choose to pay the full penalties, you may tender payment to Robert Farmer using the P.O. Box address listed at the bottom of this letter on or before April 22, 1992. Please make checks payable to the Department of Environment,Health,and Natural Resourcee OD W046 e coittio You also have the option of presenting your request to the Committee on Civil Penalty Remissions which is comprised of members of the Environmental Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue against any reduction of the assessment. Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Should you choose to present your request to the committee, please notify Robert Farmer at the same address on or before April 22, 1992. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice, then your request will be scheduled on the agenda for an upcoming committee meeting. Thank you for your cooperation in this matter and should you have any questions,please feel free to contact Robert Farmer at (919)733-5083. SinceA:ly, George j Everett cc. Attorney General's Office Mooresville Regional Office Enforcement File Central Files V • /.7:�` N. C. DEPT. OF NATURAL RESOUVrES AN!, 4:10V COMMUNI71' Dt1'1.1.01,W if.NT V. �• MAR 1 9 1992 State of North Carolina Pvistoa of ENVIROP_NTA1 V5s`E_tl.(li Department of Environment, Health and Natural Resanima REGLINAl OFFICE Division of Environmental Management 512 North Salisbury Street• Raleigh,North Carolina 27604 James G.Martin,Governor George T.Everett,Ph.D William W.Cobey,Jr.,Secretary Director March 17, 1992 Bobby C. Ransom Jr. Ransom Residence 3902 Pineview Drive Gastonia, NC 28056 Subject: Request for Remission of Civil Penalty Ransom Residence Gaston County File No. RV 92-03 Dear Mr. Ransom: Your request for remission in the above matter dated January 17, 1992 has been received by the Division of Environmental Management. Your request is being evaluated by the Division staff in the Central Office and the Mooresville Regional Office. The request will be fully considered by Dr. George T. Everett, Director of Division of Environmental Management, at his next Enforcement Conference. You will be advised of Dr. Everett's decision following this Conference. If Dr. Everett's decision is unacceptable to you, you will have the opportunity to make an oral presentation to the Environmental Management Commission at one of their regularly scheduled meetings. If there is a need for any additional information or clarification, please do not hesitate to contact Robert Farmer at (919)733-5083. Sincerely, itt.. Ai.z..aakiizn 01 J. Kent Wiggins, Supervisor • Facilities Assessment Unit cc: Water Quality Regional Supervisor-w/attachments Enforcement/Compliance File- Susan Robson-w/attachments Central Files-w/attachments Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer 14 0:9) State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street• Raleigh,North Carolina 27604 James G.Martin,Governor George T.Everett,Ph.D William W.Cobey,Jr.,Secretary Director January 17, 1992 CER1Th hD MAIL RETURN RECEIPT REQUESTED Bobby C. Ransom Jr. Ransom Residence 3902 Pineview Drive Gastonia, NC 28056 Subject: ASSESSMENT OF CIVIL PENALTY FOR VIOLATION OF THE RENEWAL REQUIREMENTS Ransom Residence NPDES PERMIT NO. NC0070734 Gaston County RV 92-03 Dear Pennittee: This letter transmits notice of a civil penalty assessed against the subject facility in the amount of $250.00. This assessment is based upon the fact that a request for renewal of the subject permit was not received by the Division of Environmental Management at least 180 days prior to the expiration date contained in the permit. The renewal request requirement is contained in your permit and/or North Carolina General Statute (N.C.G.S.) 143-215.1(c). Based upon the above fact, I conclude as a matter of law that the subject facility violated or failed to act in accordance with the requirements of N.C.G.S. 143-215.1. A civil penalty of not more than $10,000.00 per day, in accordance with N.C.G.S. 143-215.6A(a), may be assessed against a person who fails to comply with the terms, conditions, or requirements of a permit required by N.C.G.S. 143-215.1. Based upon the above facts and conclusions of law, I hereby assess the subject facility a civil penalty in the amount of$250.00 for violation of N.C.G.S. 143-215.1(c), pursuant to delegation provided for by N.C.G.S. 143-215.6A(h). Any continuing violation(s) may be the subject of a new enforcement action,including an additional penalty. Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer STATE OF NORTH CAROLINA COUNTY OF Go.S4ar.- ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF ASSESSMENT) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND [name of permittee] ) STIPULATION OF FACTS Zobby �'. Jcr..�a,.t File No. Having been assessed civil penalties totaling 0(.17506° for failure to timely apply for renewal of NPDES Permit No., NC t 717,j/ as set forth in the assessment letter of the Director of the Division of Environmental Management dated ii&uo..& /7, 19g� ; the undersigned, desiring to seek remission of the civil penalties,Ydoes 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 letter. This the ID- day of ` a,cck , 191.2 BY Address 3/0a f...�.-yam D. StSil Telephone 70cl — 8-014'- 9'7co rim '7 - -9go7 ('E' ) ' Within thirty (30)days of receipt of this notice, you may: 1. Submit verification that the permit is no longer needed: If the permit is no longer needed and no wastewater will be treated by the permitted facility, please complete the attached request for permit rescission. Upon verification of this fact by our regional staff, the permit and the civil penalty assessment will be rescinded; OR 2. Submit verification that the wastewater treatment system was transferred to another responsible party prior to expiration of the permit: If the wastewater treatment system was sold or otherwise transferred to another responsible party prior to the expiration date of the permit,please complete the attached certification. Upon verification of this fact by our regional staff, the civil penalty assessment will be rescinded; OR 3. Submit payment of the penalty: Payment should be made to the order of the Department of Environment,Health,and Natural Resources (do not enclose waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s); OR 4. Submit a written request for remission or mitigation including a detailed justification for such request; A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in this assessment letter. Because a remission request foreclosures 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 there are no factual issues in dispute. You must execute and return the attached waiver and stipulation form to this office with a detailed statement which you believe establishes that: (a) 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, (b) the violator promptly abated continuing environmental damage resulting from the violation; the violation was inadvertent or a result of an zoo,Jo( ,(! �. accident; T` (d) the violator had not been assessed civil penalties for any previous violations; and/or (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. OR • 5. Submit a written request for an administrative hearing: If you wish to contest this civil penalty assessment letter, you must request an administrative hearing. This request must be in the form of a written petition,conforming to Chapter 150B of the North Carolina General Statutes, and • filed with the Office of Administrative Hearings,Post Office Drawer 27447, Raleigh, North Carolina 27611-7447.A copy of the petition must be served on: Mr.Dan Oakley Attorney General's Office Department of Environment,Health and Natural Resources P.O. Box 27687 Raleigh,North Carolina 27611 If options 1, 2, 3, or 4 are chosen,please send your payment or response to the following address: Mr. Robert Farmer Department of Environment,Health and Natural Resources Division of Environmental Management Water Quality Section Post Office Box 29535 Raleigh, North Carolina 27626-0535 Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. If it is not demonstrated to us that your conduct of the permitted activity has ceased or will cease by the permit expiration date,failure to apply for a permit extension within 30 days of receipt of this letter will result in the assessment of additional penalties. If the permit expired or expires prior to the permit reissuance, the permittee will be subject to additional penalties for the operation of a wastewater treatment facility without a permit. If you have any questions,please do not hesitate to contact Mr. Robert Farmer at 919/733-5083. Sincerely, • -4,;z6;;;.$ George T.Everett Attachments cc: Water Quality Regional Supervisor Compliance/Enforcement File Central Files A 1142 State of North Carolina Department of' Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh,North Carolina 27604 James G.Martin,Governor George T.Everett,Ph.D William W. Cobey, Jr., Secretary Director Regional Offices May 22, 1992 Asheville CERTIFIED MAIL 704/251 6208 RETURN RECEIPT REQUESTED Fayetteville 919/486-1541 MR BOBBY RANSOM Mooresville RANSOM RESIDENCE 704/663 1699 3902 PINEVIEW DRIVE GASTONIA NC 28056 Raleigh 919/571-4700 RE: Request for Remission of Civil Penalty Pursuant to Washington N. C. G. S. 143-215.6A(f) 919/946-6481 File No. RV 92-03 Gaston County Wilmington 919/395-3900 Dear Mr. Ransom: Winston-Salem Your request for remission has beenplaced on the agenda for the June 11, 1992, 919/896-7007 q g meeting of the Environmental Management Commission's Committee on Civil Penalty Remissions. The Committee will convene in the Ground Floor Hearing Room of the Archdale Building located at 512 North Salisbury Street, Raleigh, North Carolina, at 9:00 a.m. The factors to be considered by the Committee on Civil Penalty Remissions are whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongly applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or the result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Pollution Prevention Pays P.O.Box 29535,Raleigh,North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Page 2 Additionally, the Committee on Civil Penalty Remissions may remit the entire amount of the penalty only when the violator has not been assessed civil penalties for previous violations, and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. You or your representative should be available to make your presentation to the Committee on Civil Penalty Remissions at the above mentioned time and location. You are allowed fifteen minutes for your presentation. Your cooperation in this matter is greatly appreciated. Sincerely, �.., /1 G 10 George T. Everett cc: Attorney General's Office 011.1111110101.1111111. Kent Wiggins N. C. DEPT. OF NATURAL STATE OF NORTH CAROL INARESOUI S AND BEFORE THE COMMUNITY DEVELOPMENT_ tcEMISSION COMMITTEE OF THE COUNTY OF GASTON ENVIRONMENTAL MANAGEMENT JUL 0 7 1992 COMMISSION,- RV 92-03 OMMN U ENVMOM MANAGN II D ������ IN THE MATTER OF: MOORESVILLE REGIOIAL OFFICE ) Assessment of Civil Penalties ) FINAL DECISION JUL�Ul 2 1992 Against BOBBY C. RANSOM, JR. ) ENVIRONMENTAL MANAGEMENT COMMISSION THIS MATTER came before the Committee on Civil Penalty Remissions of the Environmental Management Commission, pursuant to N.C.G.S . 143-215 . 6A and 143B-282 . 1, on June 11, 1992 , upon recommendation of the Director of the Division of Environmental Management for entry of a final decision on the assessment of a civil penalty against Bobby C. Ransom, Jr. in the amount of $250 . 00 . Bobby C. Ransom' s request for remission was presented to the Committee on Civil Penalty Remissions for consideration. The Division of Environmental Management was represented by Ms . Brenda Smith, Regional Supervisor in the Mooresville Regional Office, and no one appeared for Bobby C. Ransom. Having considered the record, the statement of Ms . Smith, and the factors set forth in N.C.G.S . 143B-282 . 1(b) and (c) , the Committee on Civil Penalty Remissions finds the facts contained in the Director' s Findings and Decision and Assessment of Civil Penalty as stipulated by Bobby C. Ransom, Jr. , and that the Director properly applied the criteria set forth in N.C.G.S. 143B-282 . 1 in determining the amount of the civil penalty. The Committee further finds that there are no grounds for remission or reduction of the penalty assessed by the -2- Director. Upon duly made motion and vote, the Committee finds that the assessment should be upheld in its entirety. THEREFORE, IT IS ORDERED: 1 . That the assessment of the civil penalty against Bobby C. Ransom, Jr. is AFFIRMED. 2 . That this Final Decision and Order be served upon Bobby C . Ransom, Jr. and upon receipt hereof, the amount of $250 . 00, be paid to the Department of Environment, Health and Natural Resources . This the A day of June, 1992 . Virg' L. McBride, Vice Chairman Environmental Management Commission -3- CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing FINAL DECISION on the parties listed below by the methods indicated: Bobby C. Ransom,. Jr. CERTIFIED MAIL 1950 C Robin Wood Road RETURN RECEIPT Gastonia, North Carolina 28054 Ms . Brenda Smith U.S . MAIL Regional Supervisor Mooresville Regional Office Department of Environment, Health and Natural Resources P .O. Box 950 Mooresville, North Carolina 28115 This the 2d day of July, 1992 . LACY H. THORNBURG Attorney General CjIt(14nG.oa0 ).J1-( / Francis W. Crawley Special Deputy Attorney General N.C. Department of Justice P. 0. Box 629 Raleigh, N.C . 27602-0629 919/733-5725 Ransomfd. fc pV ,.. . 27 State of North Carolina LACY H.THORNBURG Department of Justice ATTORNEY GENERAL P.O.BOX 629 RALEIGH 27602-0629 July 2, 1992 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Bobby C. Ransom, Jr. 1950 C Robin Wood Road Gastonia, North Carolina 28054 Dear Mr. Ransom: You will find enclosed the Final Agency Decision of the Environmental Management Commission assessing a civil penalty and investigative costs as set forth in the decision document. According to North Carolina General Statutes 143-215.5 and 150B-45, you may seek judicial review of the Commission's decision in the Superior Court by filing a petition within 30 days of receipt of a written copy of the final agency decision. If you do not seek judicial review within the time allowed, you must submit payment of the civil penalty and investigative costs assessed, by bank or certified check, made payable to the Department of Environment, Health and Natural Resources by mail addressed as follows: Department of Justice Environmental Protection Section P. O. Box 629 Raleigh, North Carolina 27602-0629 ATTENTION: Nancy K. Andrews If you fail to pay the penalty or file a petition for judicial review, this office will seek to collect the amount due through a civil action commenced in Superior Court. Sincerely, LACY H. THORNBURG Attorney General J 0-44 Ch' Li. Francis W. Crawley Special Deputy Attorney General FWC/dw enclosure :ransomltr.fc An Equal Opportunity/Affirmative Action Employer