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HomeMy WebLinkAboutNC0069965_Regional Office Physical Scan Up To 1/5/2021Ko cG 1 � 0 VVAT�19 Michael F. Easley, Governor G' William G. Ross Jr., Secretary > r North Carolina Department of Environment and Natural Resources 5 -� Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION September 19, 2008 McDowell County Sheriffs Department - Ci-vi-1 Department --- — - - Attn: Lydia 593 Spaulding Road Marion, North Carolina 28752 SUBJECT:. Service of Certified Letter The enclosed Certified Letter needs to be PERSONALLY served to the following individual: Mr. Larry G. Scott 223 Hankins Road Marion, North Carolina 28752 Once the certified letter has been served and the Green Card (which is attached to the back of envelope to Mr. Scott) is Signed and Dated in the areas indicated with a red "X" mark, please return the Green Card and the completed Return of Service letter in the self-addressed/stamped envelope. Enclosed please find check number 4831 in the amount of $15.00, which is your fee for rendering .this service. Sincerely,_ 0 . Roger C. Edwards Surface Water Protection Section Asheville Regional Office Enclosures: Certified Letter to Larry G. Scott Self -Addressed, Stamped Return Envelope Return of Service Letter $15.00 Check #4831 North Carolina Division of Water Quality —Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Customer Service 1-871-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper No ehCarolina aiura!!y f Phone (828) 2964500 FAX (828) 299-7043 0F.vgATF9 Michael F. Easley, Governor William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the day of , 2008, and together with the document(s) was served as follows: On the P Z day of 2008, at the following place: (Fill in the address where the document was delivered) By delivering document to him personally leaving document with , who is a person of suitable age and discretion and who resides in the named individual's dwelling or place, of business. If not served on the named individual, please state reason: Fee $15.00 6ree,^t✓ , Sheriff Paid $15.00 By Roger Edwards Check # 4831 297 'T/-23-OF , Deputy Thank you for your time and should you have any questions, please contact Roger Edwards of this office at (828) 296-4500. -- Please -return this -form to: Surface Water Protection Section NC Division of Water Quality 2090 US Highway 70 Swannanoa, North Carolina 28778 Re: Larry G. Scott McDowell County .p North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Customer Service 1-877-623-6748 Internet: www.ncwaterquality.org NorthCarolina Naturally Phone (828) 296-4500 FAX (828) 299-7043 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper MCDOWELL COUNTY _ .60 East Court Street MARION, NORTH CAROLINA 28752 (828)-652-7 21 Dat-0 V-d e 20 REnIZIQ OF OT&I - DOLLARS $ A FOR _ - MCDO LL COUN Y Amt. of Acct. $ - h _Cas- ❑ � 5 -Amount a $ Che_ Pid- " ck Balance Due ' $ M.O. ❑ B �/ NCDENR DWQ-SURFACE WATER PROTECTION SECTION 2090 U.S. HIGHWAY 70 SWANNANOA NC 287784y" j 1 � L._�i• fir. 111 1 MAILED 9 Illlllinl�l�nlinlllnllllllll ROGER EDWARDS NCDENR DWQ-SURFACE WATER PROTECTION ..2090 .U.S. HIGHWAY 70 SWANNANOA NC 28778 pf 9&4 I If ® PITNEY BOWES $ 000.590 691 SEP 19 2008 ROMZIP CODE 28778 °' _ • t �:;w;=�; 11IlItl.��1,1111Jim III jJIIII 1111'1111.1111IInd.1111JIIIIA11 I COPY Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality J SURFACE WATER PROTECTION SECTION CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry G. Scott 223 Hankins Road Marion, NC 28752 July 25, 2008 7002 0460 0001 9899 7392 Asheville Regional Office SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO069965 Larry G. Scott Scotty's Mobile Village Case No. LV-2008-0252 McDowell County LV-2008-0252 Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $320.00 ($250.00 civil penalty + $70.00 enforcement costs) against Larry G. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring -report (DMR) submitted by Larry G. Scott for the month of April 2008. This review has shown tJie subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations, Which, occurred in April 2008, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that, Larry G. Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make, the following civil penalty assessment against Larry G. Scott: North Carolina Division of water Quality_ 2090 US Hwy 70; Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service 1-800 623-7748 Internet: www.ncwaterguality.org FAX (828) 299-7043 ' 7 i f 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES 250.00 Permit No NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for AMMONIA NITROGEN. 250.00 TOTAL CIVIL PENALTY 70.00 Enforcement Costs $320.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-21.5.6A(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. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors -listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 14313-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 m 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail -Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact me or Wanda Frazier of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, 1, V e. eEC76" Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra - Point Source Compliance / Enforcement Unit alvASsh itl = • ' • a ffice - ore lent attaelaaaentr sue Central Files w/ attachments GAWPDATA\DEMWQ\Mcdowell\69965 Scotty's Mobile Village\69965 LV-2008-0252.doc JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2008-0262 County: McDowell Assessed Party: Larry G. Scott Permit No.: NCO069965 Amount Assessed: $320.00 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 ofthe factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(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. 14313-282.1(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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS LARRY G. SCOTT ) PERMIT NO. NCO069965 ) FILE NO. LV-2008-0252 Having been assessed civil penalties totaling $320.00 for violation as set forth in the assessment document of the Division of Water Quality dated July 24, 2008, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to 'an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence' presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of 120 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Larry G Scott - CASE NUMBER: LV-2008-0252 PERMIT: NC0069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell i REGION: Asheville Limit Violations • MONITORING OUTFALU VIOLATION UNIT OF CALCULATED °/ OVER PENALTY. REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 4-2008 001 Effluent NH3-N 04/30/08 2 X month mgll 8.5 10.5 23.53 Monthly Average Exceeded - r s DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Larry G. Scott County: McDowell Case Number: LV-2008-0252 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; The facility's monthly average ammonia nitrogen values exceeded the permit limitations by 24% in April 2008. 1 2) The duration and gravity of the violation; High concentrations of ammonia nitrogen, which occurred on April 16th and 30th, were sufficiently high to cause the facility to violate the monthly average limitation of 8.5 mg/I. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is the cost of operational adjustments and / or chemicals. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 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 During the period April 2007 through March 2008, the facility had the following permit limit violation and enforcement action: LV-2007-0413 for a daily max TSS violation totaling $170.00. 8) The cost.to the State of the enforcement procedures. $ 70.00 _ 2 ate o er Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office OF 'VA -ETFIEF q Michael F. Easley, Governor William G. Ross Jr., Secretary CO '- North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION' September 19, 2008 McDowell County Sheriff's Department Civil Department Attn: Lydia 593 Spaulding Road Marion, North Carolina 28752 SUBJECT: Service of Certified Letter The enclosed Certified Letter needs to be PERSONALLY served to the following individual: Mr. Larry G. Scott 223 Hankins Road Marion, North Carolina 28752 Once the certified letter has been. served and the Green Card (which is attached to the back of envelope to Mr. Scott) is Signed and Dated in the areas indicated with a red "X" mark, please return the Green Card and the completed Return of Service letter in the self-addressed/stamped envelope. Enclosed please find check number 4831 in the amount of $15.00, which is your fee for rendering this service. Sincerely,. Roger C. Edwards Surface Water Protection Section Asheville Regional Office Enclosures: Certified Letter to Larry G. Scott Self -Addressed, Stamped Return Envelope Return of Service Letter $15.00 Check #4831 One N fthCarolina Xaiurally North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Phone (828) 2964500 FAX (828) 299-7043 Customer Service 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper F WA7- �C) 9Q Michael F. Easley; Governor ' William G. Ross Jr., Secretary. rNorth Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality RETURN OF SERVICE I certify that this NOTICE OF SERVICE was received on the day of , 2008, and together with the document(s) was served as follows: On the day of , 2008, at the following place: (Fill in the address where the)document was delivered) By delivering document to him personally leaving document with , who is a person of suitable age and discretion and who resides in the named individual's dwelling or place of business. If not served on the named individual, please state reason: Fee $15.00 , Sheriff Paid $15.00 By Roger Edwards Check # 4831 , Deputy Thank you for your time and should you have any questions, please contact Roger Edwards of this office at (828) 296-4500. Please return this, form to: Surface Water Protection Section NC Division of Water Quality 2090 US Highway 70 Swannanoa, North Carolina 28778 Re: Larry G: Scott McDowell County North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, N.C. 28778 Customer Service 1-877-623-6748 ' Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper No thCarolina Naturally Phone (828) 2964500 FAX (828) 299-7043 �x-c.'arzr-we�uvwgcranrr.,xiixa�x_�cr_.... •aarta�r-�::.+�. �v.:un:+.:_,a ..•'..• .` r a DWO-SURFACE WATER`PROTECTION SECTION- 2090.U:S. HIGHWAY 70 ` y �-10M SWANNANOA NC 28778 Ica _ 6 y (3 r ZCir S itS4,....�,e......e.—,.....-t• - „' _ �% �.'- ! 8 7 78 ;n- co ?002 0460 0001 9899 7392 �? LARRY G SCOTT .�'" f z uNK S ROAD S �. Q. r 1 . s�i�E {'�µti�Ei i RETURN TO SENDER CERTIFIED MAIL. NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD RETURN RECEIPT REqk SC. .287709211'9® *1880-02000-la-28 • 1„1,i1„1,1,,,1I,,,I1,,1,1„1,,,1,1,,,J),,,lll,i„11,„1,,,)I °h. 'za'ro�s>���-�,�✓sw :ham; :mot.:-.. t _ .. .. .... _ . - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY N CorTiplete. Items 1, 2 and'&'Alio c6mpjet6.' A.* Signature item-4.1f Restricted Delivery is desired. El Agent N Printyour riame.and-addres6 on'the reverse Ej Addressee I so that we can" return ;the card to. you. �e'e�'b' Pj��qd Name) of Delivery N Attach this card to the back of the mail piece, B Received or on the front if space permits. D. Is delivery address different from item 1 ? 13 Yes 1. Article Addressed to: If YES, enter delivery address below: E3 No LARRY G SCOTT 223 HANKINS ROAD MARJ1 QN NC 28762 3. Vrvic.0 Type /TkCertified Mail .13 Express Mail 13 Registered etum Receipt for Merchandise 13 Insured Mail —0-C.O.D. 4. Restricted Delivery? Pft Fee) E3 Yes 700.2 .0-460-0001 9899 7392 PS Form 3811 j February Domestic Return Receipt 102595-02-M-1540 . . .................. . .... � 6 , .fib � � 1 NCDE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue, Governor Coleen H. Sullins, Director n�Dee-F-re�ernan Secretary D! March 3,-2009 MAR - 6 2009 Mr. Larry Scott WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 2333 U.S. Highway 221 North - --- — Marion, N.C. 28752 Subject: Rescission of NPDES Permit NCO069965 Scotty's Mobile Home Park WWTP McDowell County Dear Mr. Scott: Division staff has confirmed that the subject permit is no longer required. Therefore, in accordance with your request, NPDES Permit NCO069965 is rescinded, effective immediately. If in the future your company wishes to discharge wastewater to the State's surface waters,. they must first apply for and receive a new NPDES permit. Discharge of wastewater without a valid NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. If you have questions about -this matter, please contact Charles Weaver of my staff at the telephone number or address listed below. f Sincerely, ��. Coleen H. Sullins cc: Central Files Asp h�e�r�ille �6 onal Office ar /iRoe er Edwds S ernut file Fran McPherson, DWQ Budget Office 1617 Mail Service Center; Raleigh, North Carolina 27699=1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NOf ffiCarohna Internet: w 9-807-6391 ualiX 91 Phone: 919-807-63911-FAX 919 807-6495 �/ ►' ` L `� charies.weaver(a)ncmail.net An Equal Opportunity/Affirmative Action Employer —50% Recycled110% Post Consumer Paper ,/2009 15:55 FAX 82869697'-- HARRYJAMES [A 001 JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354 MOUNTAIN HOME, NC 28758 828-697-0063 Attention: O-Q f)o _v-0 Date: -lb ID 2 Company: 'j.eAAZ - Fax Number: Voice Number'. From: 1,36LVTU S , - Company: JAMES & JAMES ENV. MGT. INC Fax Number: 828-697-0065 Voice Number: 828-697-0063 Abject - . i NUMBER OF PAGES. --a INCLUDING COVER: FE FEB 2 5 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE .o/2009 15:55 FAX 82869697 HARRYJAMES Q 002 December 15, 2008 Mr. Jeffrey Poupart Point Source Branch Surface Water Protection Section Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Dear Mr. Poupart: F E B 2 5 2009 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE Subject: Permit Revocation. Scotty's Mobile Home Park NCO069965 - McDowell County On October 17, 2008 the sewage collection system serving my mobile home park was disconnected from my sewage treatment plant and connected to the City of Marion's sewage collection system. The activated sludge has been pumped from my treatment plant. Please revoke NPDES Permit Number NC0069965-. Sincerely, O //- 2333 U.S. Highway 221 North Marion, North Carolina 28752 November 25, 2006 Wanda Frazier DENR 2090 US Highway 70 Swannanoa, NC 28778 -Re: Notice of -Violation -dated October 23-2006- Permit Number: NC0069965- Scotty's Mobile Village Dear Mrs. Frazier, This -letter is in reference to the Notice of Violation received by James & James Environmental on November 2, 2006. The violation was for Scotty's Mobile Village in regard to the elevated Fecal Coli€orm of 2570 colonies/100 mis for June, 2006. We have been -attempting to find that optimum point where there is enough chlorine to do an adequate kill of the bacteria without wasting the clients money in over chlorinating and then over de -chlorinating. We were trying to run a chlorine residual around a 0.5 mg/l. This is the time that we have violated the Fecal Coliform limits. We have determined that with maintaining a chlorine residual between a 0.8 mg/l and a 1.2 mg/l the fecal count is within permit limits. While we do not wish to be negligent in the enforcement of the permit limits, we do not wish to be wasteful with the clients financial requirements either. If you have any additional questions, please contact me. Thank you for your attention in this matter. With highest regards, I am Very truly yours, , uanita James ID ` ` SDI NOV 2 8 2006 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE e, - ?►C.5 1 c� t Al AL YY-\ H IA-ilyl I#-Kl6L icottys Subject: Scottys From: Roy Davis <Roy.Davis@ncmail.net> Date: Mon, 20 Oct 2008 07:53:10 -0400 To: roger.edwards@ncmail.net, Wanda Frazier <Wanda.Frazier@ncmail.net>, "janet.cantwell >> Janet Cantwell" <Janet. Cantwell@ncmail. net>, Roy Davis <Roy.Davis@ncmail.net> Juanita James left me a message last Friday that Scotty's MHP has been tied to the Marion sewer system. Roy Roy Davis - Rods@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis(ancmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 1 10/20/2008 7:53 AM Scotty's MHP Subject: Scotty's MHP From: Roy Davis <Roy.Davis@ncmail.net> Date: Mon, 20 Oct 2008 10:26:13 -0400 To: roger.edwards@ncmail.net, Janet Cantwell <Janet.Cantwell@ncmail.net>, Roy Davis <Roy.Davis@ncmail.net> Roger: I talked to Phillip Reynolds with the AGs Office, (1-919-716-6971) this morning about Larry Scott and the unpaid Civil Penalties at Scotty's MHP. Phillip and I are inclined to waive the unpaid penalties. The basis for our action would be Larry Scott having ceased the .direct discharge of wastewater to the State's surface waters. Phillip is inclined that we should avoid taking the time of an Administrative Law judge or Superior Court judge if we know in,' advance that we are willing to recommend remission. Phillip says we have taken this same course of action with Centerline Utilities in Onslow County and Days Inn in Durham County. If you agree how about touching base with Paul Rawls to get his OK for waiving the past penalties. Roy Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davisna,ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 1 of 1 10/20/2008 10:26 AM Scotty's MHP Subject: Scotty's MHP From: Roy Davis <Roy.Davis@ncmail.net> Date: Thu, 16 Oct 2008 07:48:24 -0400 To: roger.edwards@ncmail.net, Wanda Frazier <Wanda.Frazier@ncmail.net>, Janet Cantwell <Janet.Cantwell@ncmail.net>, keith.haynes@ncmail.net, jeff.menzel@ncmail.net, roy.davis@ncmail.net, Bob Guerra <Bob.Guerra@ncmail.net> Chris Hollifield with the City of Marion tells me that last Tuesday, October 14, 2008, Larry Scott applied to the City of Marion (and paid the appropriate fees) for a sewer tap for his mobile home park. Chris says the City should make the tap within the next few days. He will let me know when the tap is completed. Roy Davis Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality — Water Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis(a,ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 14 J I of 1 10/16/2008 7:51 AM 10/14/08 2 Owner: Larry G Scott LV-2005-0087 8-2004 $600.00 $100.00 $.00 $700.00 No 07/11/06 Total Cases: 21 $13,162.50 $2,131.76 $5,331.07 $9,463.19 Total Penalties: $15,294.26 Total Penalties after remission(s): $14,794.26 \V" Permit Enforcement History by Owner "11 10/14/08 1 Owner: Larry G Scott Facility: Scotty's Mobile Village Permit: NCO069965 Region: Asheville County: McDowell Penalty Remission Enf EMC EMC OAH Collection Has Assessment Penalty Enforcemen Request Enf Conf Remission Hearing Remission Remission Memo Sent Pmt Case Case Number MR Approved Amount t Costs Damages Received Held Amount Held Amount Amount to AGO Total Paid Balance Due Plan Closed WQ-1991-0021 12/04/91 $3,000.00 $440.38 $.00 01/07/92 02/05/92 $.00 06/11/92 $.00 $3,440.38 $.00 No 03/26/93 LV-1997-0082 01/01/97 No 05/22/98 LV-2000-0282 4-2000 10/02/00 $3.250.00 $81.38 10/27/00 01/23/01 $.00 07/12/01 $.00 $1,665.69 $1,665.69 No RV-2001-0001 05/21/01 $500.00 $.00 No 09/11/01 LV-2002-0427 5-2002 09/17/02 $250.00 $100.00 $.00 $350.00 No 07/11/06 LR-2003-0300 2-2003 07/07/03 $1,000.00 $100.00 $.00 $1,100.00 No 07/11/06 LR-2003-0301 1-2003 07/07/03 $1,000.00 $100.00 08/07/03 $.00 $1,100.00 No 07/11/06 LV-2004-0006 9-2003 01/14/04 $250.00 $100.00 $.00_ $350.00 No 07/11/06 LV-2004-0228 11-2003 06/16/04 $250.00 $100.00 $.00 $350.00 No 07/11/06 LV-2004-0243 3-2004 06/18/04 $100.00 $100.00 $.00 $200.00 No 07/11/06 LV-2004-0484 5-2004 09/27/04 $437.50 $100.00 $.00 $537.50 No 07/12/06 LV-2004-0485 6-2004 09/27/04 $125.00 $100.00 $.00 $225.00 No 07/12/06 LV-2004-0253 2-2004 12/01/04 $350.00 $100.00 $.00 $450.00 No 07/11/06 LV-2005-0091 12-2004 03/04/05 $100.00 $100.00 $.00 $200.00 No 07/11/06 LV-2005-0292 2-2005 08/25/05 $562.50 $100.00 $662.50 No LV-2005-0342 5-2005 09/14/05 $125.00 $100.00 07/12/07 $225.00 $.00 No 12/04/07 LV-2005-0348 6-2005 09/14/05 $562.50 $100.00 $.00 $662.50 No 07/11/06 LV-2007-0403 4-2007 11/07/07 $350.00 $70.00 02/04/08 $420.00 No LV-2007-0413 7-2007 11/09/07 $100.00 $70.00 02/04/08 $170.00 No LV-2008-0252 4-2008 07/25/08 $250.00 $70.00 $320.00 No Scotty's Subject: Scotty's From: Roy Davis <Roy.Davis@ncmail.net> Date: Fri, 10 Oct 2008 13:31:21 -0400 To: roger.edwards@ncmail.net, Wanda Frazier <Wanda.Frazier@ncmail.net>, Janet Cantwell <Janet.Canfwell@ncmail.net>, roy.davis@ncmail.net Chris Hollifield, with the City of Marion, left me a message today telling me that the sewer which could serve Scotty's MHP has been completed to the point that the MHP could tie on. Scotty has not made application nor has he paid the required tap fee. Had these two things been done, the City could possibly tie him on Monday. Roy Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Righway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis(a-),ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section I of 1 10/10/2008 1:31 PM ,otty's Mobile Village Subject: Re: LV-2008-0252 Scotty's Mobile Village From: Roy Davis <Roy.Davis@ncmail.net> Date: Wed, 17 Sep 2008 11:01:57 -0400 To: Roger Edwards <Roger.Edwards@ncmail.net> CC: Wanda Frazier <Wanda.Frazier@ncmail.net>, Tom Belnick <Tom.Belnick@ncmail.net>, Bob Guerra <Bob.Guerra@ncmail.net>, Gwen Camp <Gwen.Camp@ncmail.net>, Roy Davis <Roy. Davis@ncmail. net> I called Chris Hollifield, City Engineer, City of Marion. The Hankins Road project is a joint water/sewer project. The water line is in the ground. He expects the sewer portion of the project to start construction before the end of this week and sewer service to be available to Scotty's MHP in approximately 30 days. Roy Roger Edwards wrote: ARO will check with the Burke County Sheriffs office on delivery of the enforcement action. City of Marion has a collection line under construction which can provide service to Mr. Scott's MHP. We check on the completion date for the collection line. It may be possible to use enforcement action as leverage to obtain connection. If not, the collection attorney can work the case. Wanda/Gwen, check on delivery by sheriffs office Roy, Please check with City of Marion on the collection system line that will serve Mr. Scott. Also, the connection fee's. Let me know the status by Friday September 19th. Thanks, R. Edwards Wanda Frazier wrote: Tom & Bob, LV-2008-0252 was attempted delivery 4 times. Mr. Scott refuses to sign for it and receive it. As I understand it, he will not pay any enforcement actions from DWQ. He is provides affordable housing ($100 / month) for Spanish-speaking residents of his mobile home park, who have no other place to live. As Bob knows, he will tell you to "Shut him down and watch the media circus created by putting these folks out on the street!" Wanda Tom Belnick wrote: 1 of 2 _ 9/17/2008 11:02 AM Mobile Village Bob- I noticed the subject enforcement case was not pulled into our monthly "past due" collections batch, since it is missing BIMS info on F&D/green card dates. Can you check status with Wanda. Thanks. Roy Davis - Roy.Davis@ncmail.net North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Quality - Water Quality Section 2090 U.S. 70 Highway, Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Roy Davis <Roy.Davis(a,ncmail.net> NC DENR - Asheville Regional Office Division of Water Quality - Water Quality Section 2 of 2 9/17/2008 11:02 AM Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Copy Asheville Regional Office SURFACE WATER PROTECTION SECTION November 9, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1434 Mr. Larry G. Scott 223 Hankins Road Marion, NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO069065 Larry G. Scott Scotty's Mobile Village WWTP Case No. LV-2007-0413 McDowell County Dear Mr. Scott : This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $170.00 ($100.00 civil penalty + $70.00 enforcement costs) against Larry G. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott for the month of July 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in July 2007 are summarized in Attachment A to this letter. Based upon the above facts,-1 conclude as a matter of law that Larry G. Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott: No �hCarolina Natia-ali!f North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: www.ncwaterguality.org FAX (828) 299-7043 1- 800 623-7748 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $00.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for FLOW. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 100.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TOTAL SUSPENDED SOLIDS. 100.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $170.00 . 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator.in complying or failing to comply 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a. detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699 — 6714 Telephone (919) 733-2698 Facsimile (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699 -1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact me or Wanda Frazier of the Water Quality staff of the Asheville Regional Office at 828-296-4500 Sincerely, Roger C. Edwards, Regional Supervisor - - -- - -.- - -- -Surface-Water-Protection Section - - Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Compliance, Enforcement .�RegionalS-upervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0413 County: McDowell Assessed Party: Larry G. Scott Permit No.: NC0069965 Amount Assessed: $170.00 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 Fisted 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. 14313-282.1(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) (d) 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); 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS LARRY G. SCOTT 1 PERMIT NO. NCO069965 ) FILE NO. LV-2007-0413 Having been assessed civil penalties totaling $170.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 9, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that, the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Larry G Scott CASE NUMBER: LV-2007-0413 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 7-2007 001 Effluent FLOW 07/31/07 Weekly mgd 0.01 0.011 12.80 Monthly Average Exceeded $100.00 7-2007 001 Effluent RES/TSS 07/03/07 Weekly mg/I 45 74.5 65.56 Daily Maximum Exceeded DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Larry G. Scott County: McDowell Case Number: LV-2007-0413 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 14313-282.1(b), which are:. 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The facility's Monthly Average flow value exceeded the permit limitations by 12.8% in July 2007. The facility's Daily Maximum TSS value exceeded the permit limitations for by 65.6% in July 2007. 2) The duration and gravity of the violation; A high concentration of TSS, which occurred on July 3d was NOT sufficiently high to cause the facility to violate the monthly average limit of 30 mg/I. High flow values, which occurred on July 11th 18th & 251h were sufficiently high to cause the facility to violate the monthly average limitation of 0.010 MGD. 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified. 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown. 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is none 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 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 During the previous 12-month period (5/06 through 6/07), the facility had one NOV issued in May 2006 for a fecal coliform daily maximum violation and one LV case in April 2007 for a monthly average ammonia and a daily maximum fecal coliform violation. The facility was compliant during the most recent inspection. 8) The cost to the State of the enforcement procedures. $70.00 Cz---- D to Roe C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION November 7, 2007 CERTIFIEDWAIL RETURN RECEIPT REQUESTED 7006 3450 0002 7064 1410 Mr. Larry G. Scott 223 Hankins Road Marion, NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO069965 Larry G. Scott Scotty's Mobile Village Case No. LV-2007-0403 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $420.00 ($350.00 civil penalty + $70.00 enforcement costs) against Larry G. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott for the month of April 2007. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in April 2007 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G. Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott: North Carolina Vat<rrally North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: mn,w.ncwaterguality.org FAX (828) 299-7043 1- 800 623-7748 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit 'No. 100.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FECAL COLIFORM. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. 250.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for AMMONIA NITROGEN. 350.00 TOTAL CIVIL PENALTY $70.00 Enforcement Costs $420.00 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 violation; (2) The duration afrd gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282.1(b) was wrongfully appliedto 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the .Division 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 the 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 "Request for Remission of Civil Penalties, 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 m 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 originaland one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings'is: and Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699 -1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within .thirty (30) days of receipt of this letter, as evidenced' by an internal date/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 you have any questions, please contact me or Wanda Frazier of the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office ATTACHMENTS cc: Bob Guerra, Western NPDES Compliance Enforcement �Reg_iMa,I�Sup r_ isor,w/..i--chrndMs Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2007-0403 County: McDowell Assessed Party: Larry G. Scott Permit. No.: NCO069965 Amount Assessed: $420.00 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. 14313-282.1(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: STATE -OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS LARRY G. SCOTT ) PERMIT NO. NCO069965 ) FILE NO. LV-2007-0403 Having been assessed civil penalties totaling $420.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 7, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE 20 SIGNATURE ATTACHMENT A Larry G Scott CASE NUMBER: LV-2007-0403 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 4-2007 001 Effluent FEC COL! 04/04/07 Weekly #/100ml 400 1,170 192.50 Daily Maximum Exceeded $250.00 4-2007 001 Effluent NH3-N 04/30/07 2 X month mg/l 8.5 10.77 26.67 Monthly Average Exceeded DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Larry G. Scott County: McDowell Case Number: LV-2007-0403 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 14313-282.1(b), which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The facility's Monthly Average value exceeded the permit limitations for ammonia by 27% in April 2007. The facility's Daily Maximum value exceeded the permit limitations for fecal coliform by 192% in April 2007. 2) The duration and gravity of the violation; High concentrations of ammonia, which occurred on April .41h and 18th were sufficiently high to cause the facility to violate the monthly average limit of 8.5 mg/I. A high concentration of fecal coliform, which occurred on April 4th was sufficiently high to cause the facility to violate the daily maximum average limitation of 400 colonies per 100 mi. ` 3) The effect on ground or surface water quantity or quality or on air quality; Damage to the receiving stream was not quantified 4) The cost of rectifying the damage; The cost of rectifying the damage is unknown; 5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is none. 6) Whether the violation was committed willfully or intentionally; The violation does not appear to be willful or intentional. 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 During the previous 12-month period (4/06 through 3/07), the facility had one NOV issued in May 2006 for a fecal coliform daily maximum violation.' The facility was compliant during the most recent inspection. 8) .The cost to the State of the enforcement procedures. $ 70.00 at Ro6erAC. Edwards, Regional Supervisor Surface Water Protection Section Asheville Regional Office rvnu IaCl F. adbluy, UUVCI I IVI � William G. Ross Jr., Secretary p F L E COPY North Carolina Department of Environment and Natural Resources rColeen H. Sullins, Director Division of Water Quality Asheville Regional Office SURFACE. WATER PROTECTION May 9, 2008 r Mr. Larry G Scott 223 Hankins Road Marion, North Carolina 28752 SUBJECT: Compliance Evaluation Inspection Scotty's. Mobile Village Permit No: NC0069965. McDowell County Dear Mr. Scott: Enclosed please find. a Compliance Evaluation Report of the inspection conducted by .Asheville. Regional Office staff on. April 30,. 2008.. The facility was. judged;.to..be.: in' compliance with permit NC0069965• at.the.time of inspection. However, the: volume of grease in .the facility. was. ,sufficiently large to suggest that the aeration. system -.:would -.be.. unable to supply sufficient oxygen for proper treatment during upcoming. summer<rrionths.. Any possible means should be employed. to p"revent-grease-from entering fibs:_::: treatment system. Grease in a package type wastewater treatment facility greatly:>•.: intensifies the operational time and effort necessary to maintain compliance. Please refer to the enclosed inspection report for additional observations and,'; comments. If there are questions or comments, please call the writer at 828-296-4651. Sincerely, James R Reid i Environmental Engineer Enclosure "cc: Harry Dewain James, ORC Central Files Ash evil f it - WON 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 ""o` Nt d�nCarolina Naturally United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 OMB No. 2040-0057 ;EP;A Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I NI ' 2 15I . 31 NCO069965 111 121 08/04/30 117 181 r1 191 gI 20U l_ Remarks 211 I I I I I 11 I I I I 'I I I I I I I I I III 11 I I I I I I I I 'I 1 1 1 1 1 1 1 1 1 1 1 16 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA ----- ---------- -----Reserved-'------------------- 67I 1 69 70131 711 I 72I N I 73 W 74 751 I I Li Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name. and NPDES permit Number) 10:30 AM 08/04/30 05/05/01 Scotty's Mobile Village Exit Time/Date .- Permit Expiration Date 2333, us zzl Business Marion NC 28752 11:00 AM 08%04/30 09/12/31 . Name(s) of Onsite Representative(s)/Tities(s)/Phone and Fax Number(s) Other Facility Data Harry.'Dewain James/ORC/828-697-0063/ Name, Address 'of. Responsible Officiallfitle/Phone and Fax Number Contacted Larry G Scott,223 Hankins Rd Marion NC 28752/Owner/828-652=3997/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit;'.:. Operations & Maintenance: Records/Reports :.:. Facility,§ite,,Review Effluent/Receivirig Waters ` Section D: Summary of Finding/Comments (Attach addit'ional'sheets of narrative and checklists `as'necessary) (See attachment summary) -: Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date J R Reid ARO WQ//826-296-4500 Ext.4651/ l✓ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date v EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 1 3I NCO069965 I11 12I 08/04/30' 117 18N Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Effluent was clear despite EXCESSIVE GREASE grease in the facility. The volume of grease was such that the aeration system would not likely have sufficient capacity to supply enough oxygen during upcoming summer months. The City of Marion advised that approximately one month prior to the inspection a request for bids had been published for the Hankins Road collection system. Page # 2 Permit: NCO069965 Inspection Date: 04/30/2008 Owner - Facility: Scotty's Mobile Village Inspection Type: Compliance Evaluation Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ fl ❑ Judge, and other that are applicable? Comment: (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? Comment: Record Keeping Are records kept and maintained as required by the permit?--: . Is all required information readily available, complete and current? 'Are all records maintained for 3 years (lab._reg. required 5 years)? Are analytical results. consistent with data reported on DMRs? Is the chain -of -custody complete? Dates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCs Are DMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and DWO? (If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified.at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPDES permit available on site? Page # 3 Permit: NCO069965 Owner - Facility: Scotty's Mobile Village Inspection Date: 04/30/2008 Inspection Type: Compliance Evaluation Aeration Basins Yes No- NA NE Is the DO level acceptable?(1.0 to 3.0 mg/I) ■ Ll n n Comment: Page # 5 James James Environmental Mgt., Inc. System: Scotty's Mobile Village .LAMES & .LAMES ENVIRONMENTAL MANAGEM PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697- PERFORMANCE ANNUAL REP( 2007 I.. General Information Facility/System Name: SCOTTY'S MOBILE VILLAGE Responsible Entity: LARRY SCOTT Person in Charge/Contact: LARRY SCOTT Applicable Permit(s): NCO069965 Description of Collection System or Treatment Process: Permit Number: NCO069966 E `l� E. I MAR 1 1 2008 I l WATER QUALITY SECTION 3HEVILLE REGIONAL OFFICE A 10,000 gallon extended aeration facility with bar screen, sludge holding, clarifier chlorine feeder, chlorine contact chamber, dechlorination feeder and discharge line II. Performance Text Summary of System Performance for Calendar Year 2007 Due to the nature of the clientele of the facility, it is very hard to maintain this facility. There is a lot of grease that comes to the facility on a daily basis, and the facility has to be pumped on a regiment. There were no repairs to the facility in 2007. List (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. April-4th-fecal coliform@>1170co1onies/100m1s:NH3@ 15.5mg/1 and 12.0mg/I (due to heavy loading in the influent):July 3-TSS@ 74.5mg/I(heavy solids in facility;pump truck delayed pumping);August 29-BOD@160mg/I,TSS@80mg/I:September 6th BOD@>391 mg/I TSS@64mg/1;20th-BOD@>67.2mg/I;TSS@98.2mg/I;monthly average BOD @102.9mg/I; Fecal colifoan @>600colonies/100mis (due to the excessive grease in the facility;awner attempting to connect onto City.) �q� James James Environmental Mgt., Inc. System: Permit Number: Scotty's Mobile Village NCO069965 III. Notification: A copy of this report has been sent to the Owner with directions to give notification of the availability of this report to each of their users. A certified statement will be sent to the State when this issue has been rectified. IV. Certification I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. (please see below) I certify that this report has -been given to the Owner of this Entity with explicit directions to make the user aware of the availability of this report and the location with which a copy can be either viewed or received. James & James Environmental cannot certify that the. latter has been completed and wily enclose a letter of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management Responsible Person Title Entity 2120/08, Date James James Environmental Mgt., Inc. System: Scotty's Mobile Village JAMES & JAMES ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC 28758 OFFICE: (828) 697-0063 FAX: (828) 697-0065 PERFORMANCE ANNUAL REPORT I. General Information Facility/System Name: SCOTTY'S MOBILE VILLAGE Responsible Entity: LARRY SCOTT Person in Charge/Contact: LARRY SCOTT Applicable Permit(s): NCO069965 Permit Number: NCO069965 A*copy of the PERFORMANCE ANNUAL REPORT has already been filed with you by James & James Environmental Management and should be in your possession at this time. On that report, the certification was stated that I, the owner of this Entity, has received a copy of this report and was directed to give the users knowledge of the report and access to it. Therefore: I certify under penalty of law that this report prepared by James & James Environmental Management is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability. Responsible Person Title Entity Date MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/21/08 Page: 2 of arc' Permit: " nc0069965 MR`s Between:; 2 -2007 and,, 3"-2008 Region: °t° Violation Category: % Program Category:' °l Facility Name:; % �� Paam Name:' °I° County: 1° Subbasin: % I Violation Action: Major Minor: % PERMIT: NCO069965 FACILITY: Larry G Scott - Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 09 - 2007 001 Effluent Solids, Total Suspended 09/30/07 Weekly mg/I 30 41.52 Monthly Average Exceeded None Ar, NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor November 29, 2007 Lary Scott Scotty's Mobile Village 223 Hankins Road Marion, North Carolina 26752 Subject: Receipt of Payment Case No: LV-2005-0342 County: McDowell William G. Ross, Jr., Secretary Mary Penny Thompson, General Counsel =-7 ' ER QUALITY SECTION ASHEVILLE A IONALyE Penalty hivestigative Cost Total Amount Due Amount Paid $125.00 $100.00 $225.00 $225.00 Larry Scott: The purpose of this letter is to inform you that on November 29, 2007, The North Carolina Department of Environment and Natural Resources, the, Division of Water Quality, received your payment in full for check number 08-661520973 in the amount of $225.00. If you have any questions, please contact Linwood Cox at (919) 715-2946, or via e-mail at Linwood.Cox@ncmail.net. Sincerely Linwood Cox Business Officer Collections Department 1601 Mail Service Center Raleigh, North Carolina 27699-1601 One Phone: (919) 715-2946 FAX: (919) 715-3060 Email: Linwood.Cox@ncmail.net NOfthCarolina An Equal.Opportunity( AfrirmaGve Action Employer _ ataully W E STER NI I MONEY INTEGRATED PAYMENT SYSTEMS INC. - ISSUER UNION ORDER' Greenwood viaage,Colorado 08_ '661520973_ tCX1L '_ L.:. _ NO V-t�t`• PAY EXACTLY PAY. TO THEff� ! Td t ORDER OF ' 2►) L f Y S" (�(�el' '� Akj P t aSY+1Fs�RESS JAL �� i - I eRa� WCYfAG4ETOM7UiL9W lal aCYfMtOL Watmn urdw Yong d0ei V6 oeslpn 6 Aso vim maR.ot WOSWM UWoa HWdbgM. o JPryiNe Y Waft FxF BmY Gland iocdwi • m . HA., Grarm lonrbK CWorado . . 1 MONITORING REPORT(MR) VIOLATIONS for: Report Date: 04/21/08 Page: 1 of 2 Permit: ncC3069965 "Mk Betweeny, 2 -2007 and 3 2008 , Region: %° Violation Category: a/° Program Category: °I4 Facility Name: o • /° - o Param Name: l° Coun /° County: o -Subbasin:' % Violation "Action: % Major Minor: °1° PERMIT: NCO069965 FACILITY: Larry G Scott - Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violation MONITORING OUTFALL / VIOLATION 7 UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 08 - 2007 001 Effluent BOD, 5-Day (20 Deg. C) 08/29/07 Weekly mg/I 45 160 Daily Maximum Exceeded None 08 - 2007 001 Effluent BOD, 5-Day (20 Deg. C) 08/31/07 Weekly. mg/I 30 49.12 Monthly Average Exceeded None 09 - 2007 001 Effluent BOD, 5-Day (20 Deg. C) 09/06/07 Weekly mg/I 45 391 Daily Maximum Exceeded None 09 - 2007 001 Effluent BOD, 5-Day (20 Deg. C) 09/20/07 Weekly. mg/I 45 67.2 Daily Maximum Exceeded None 09 - 2007 001 Effluent BOD, 5-Day (20 Deg. C) 09/30/07 Weekly mg/I 30 102.9 Monthly Average Exceeded None 04 - 2007 001 Effluent Coliform, Fecal MF, M-FC 04/04/07 Weekly #/100m1 400 1,170 Daily Maximum Exceeded Proceed to Enforcement Case Broth,44.5C 09 - 2007 001 Effluent Coliform, Fecal MF, M-FC 09/06/07 Weekly #/1 ooml 400 600 Daily Maximum Exceeded None Broth,44.5C 07 2007 001 Effluent Flow, in conduit or thru 07/31/07 Weekly mgd 0.01 0.011 Monthly Average Exceeded Proceed to - treatment plant Enforcement Case 08 - 2007 001 Effluent Flow, in conduit or thru 08/31/07 Weekly mgd 0.01 0.011 Monthly Average Exceeded None treatment plant 04 - 2007 001 Effluent Nitrogen, Ammonia Total (as N) 04/30/07 2 X month mg/I 8.5 10.77 Monthly Average Exceeded Proceed to Enforcement Case 07 - 2007 001 Effluent Solids, Total Suspended 07/03/07 Weekly mg/I 45 74.5 Daily Maximum Exceeded Proceed to Enforcement Case 08 - 2007 001 Effluent Solids, Total Suspended 08/08/07 Weekly mg/I 45 49 Daily Maximum Exceeded None 08 - 2007 001 Effluent Solids, Total Suspended 08/29/07 Weekly mg/I 45 80 Daily Maximum Exceeded None 08 - 2007 001 Effluent Solids, Total Suspended — 08/31/07m 'Weekly-- -•mg/I - 30 45.15 Monthly Average Exceeded None 09 - 2007 001 Effluent Solids, Total Suspended 09/06/07 Weekly mg/I 45 64 Daily Maximum Exceeded None 09 - 2007 001 Effluent Solids, Total Suspended 09/20/07 Weekly mg/I 45 98.2 Daily Maximum Exceeded None North Carolina Department of Em SURFACE WATER PROTECTION August 2, 2006 Larry G Scott 223 Hankins Rd Marion NC 28752 Michael F. Easley, Governor !illiam G. Ross Jr., Secretary lent and Natural Resources elan W. Klimek, P.E. Director Division of Water Quality Asheville Reoional Office SUBJECT: July 11, 2006 Compliance Sampling Inspection Larry G Scott Scotty's Mobile Village Permit No: NCO069965 McDowell County Dear Mr. Scott: Enclosed please find a copy of the Compliance Sampling Inspection form from the inspection conducted on July 11, 2006. Jim Reid and I conducted the inspection. The facility was found to be in Compliance with permit NC0069965. Please refer to the enclosed inspection report for additional observations and comments. If you or your staff have any questions, please call me at (828) 296-4500 ext 4665. Sincerely, S arr-Silvis C/ Environmental Engineer Enclosure cc: Harry Dewain James, ORC Central Files �=Ashevilfe�F�les�=� No°rthCarolina ' NllflfCll11lf 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer Service 1 877 623-6748 0 • United States Environmental Protection Agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fat cType 1 I NI 2 I51 31 NCO069965 111 121 06/07/11 117 181 SI 19I SI 20I 1 Remarks 21111111111111111111111111111111111111111111111116 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA ---------- -------- -----Reserved--------- 671 169 701 1 711 1 721,11 731 I 174 751 1 I I 11 1 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Scotty's Mobile Village 10:30 AM 06/07/11 05/05/01 Exit Time/Date Permit Expiration Date 2333 US 221 Business Marion NC 28752 10:50 AM 06/07/11 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Larry G Scott,223 Hankins Rd Marion NC 28752/Owner/828-652-3997/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit ® Operations & Maintenance a Effluent/Receiving Waters Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date James R Reid q6CDeA1j.&-a,- /` 4::L ARO WQ//828-296-4500 Ext.4651/ 2 Starr Silvis V� ARO W4//828-290-9500/ (YS�" L LP i? Q Signature of Manage Q A Reviewer Agency/Office/Phone and Fax Numbers Date �ARO"WQ296-4500/ Roger C Edwards I EPA Form 3560-3 (F w9-94) Previous editions are obsolete. Page # 1 NPDES yr/mo/day Inspection Type 3I NCO069965 I11 12I 06/07/11 I17 18Isl (cont. ) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necdssary) The leaking chlorine tablet feeder noted in the last inspection has been fixed and any leaks are directed into the contact chamber. Inspectors attempted to observe the discharge point to determine if the pipe had been extended to reach the recieving stream. However, excessive vegetative growth prevented direct observation. The perrnittee is responsible for insuring that the pipe reaches the stream and that inspectors have access to the discharge point. The residual chlorine was 23 ug/I Sampling results BOD 9.4 mg/I Fecal coliform 22 colonies/ 100 ml TSS 6.8 mg/I NH3 as N 3.7 mg/I Page # Permit: NCO069965 Owner- Facility: Scotty's Mobile Village Inspection "Date: '07/11/2006 Inspection Type: Compliance Sampling Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ n ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ n n ❑ Judge, and other that are applicable? Comment: Permit' Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? n n ■ n Is the facility as described in the permit? m ❑ n n # Are there any special conditions for the permit? ■ ❑ ❑ ❑ Is access to the plant site restricted to the general public? ■ n n n Is the inspector granted access to all areas for inspection? ■ n n n Comment: Bar Screens Yes No NA NE Type of bar screen a.Manual ■ b.Mechanical n Are the bars adequately screening debris? ■ ❑ n Is the screen free of excessive debris? ■ ❑ ❑ n Is disposal of screening in compliance? ■ n n n Is the unit in good condition? ■ n O n Comment: Aeration Basins Yes No NA NE Mode of operation Ext. Air Type of aeration system Diffused Is the basin free of dead spots? ■ ❑ ❑ n Are surface aerators and mixers operational? n ❑ ■ n Are the diffusers operational? ■ n Cl Cl Is the foam the proper color for the treatment process? ■ n n n Does the foam cover less than 250% of the basin's surface? n ■ n n Is the DO level acceptable? n n ❑ ■ Is the DO level acceptable?(1.0 to 3.0 mg/1) n n n ■ Page # 3 Permit: NCO069965 Owner- Facility: Scotty's Mobile Village Inspection Date: 07/11/2006 Inspection Type: Compliance Sampling Aeration Basins Yes No NA NE Comment: Approximately 80% of the surface area was covered with foam. The color and consistency indicates large quantities of grease. Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ ■ D Are weirs level? ■ ❑ ❑ ❑ Is the site free of weir blockage? ■ ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ■ ❑ ❑ ❑ Is scum removal adequate? ■ ❑ ❑ n Is the site free of excessive floating sludge? ■ ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ ■ D Is the return rate acceptable (low turbulence)? ■ ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? ■ ❑ ❑ ❑ Is the sludge blanket level acceptable? (Approximately '% of the sidewall depth) ❑ ❑ ❑ ■ Comment: Disinfection -Tablet Yes No NA NE Are tablet chlorinators operational? ■ ❑ ❑ ❑ Are the tablets the proper size and type? ■ ❑ ❑ ❑ Number of tubes in use? 1 Is the level of chlorine residual acceptable? ■ ❑ ❑ ❑ Is the contact chamber free of growth, or sludge buildup? ■ ❑ ❑ ❑ Is there chlorine residual prior to de -chlorination? ■ ❑ ❑ ❑ Comment: De -chlorination Yes No NA NE Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1)? ■ ❑ ❑ Cl Is storage appropriate for cylinders? ❑ ❑ ■ ❑ # Is de -chlorination substance stored away from chlorine containers? ■ ❑ ❑ ❑ Comment: Are the tablets the proper size and type? ■ ❑ ❑ ❑ Page # 4 Permit: NC0069965 Owner- Facility: Scotty's Mobile Village Inspection Date: 07/11/2006 Inspection Type: Compliance Sampling De -chlorination Are tablet de -chlorinators operational? Number of tubes in use? Comment: Page # 5 .a v av 1 wAALL. v 1nv1�1gG1V 1 HL A1NAUr_MCIV I W A 1 L-K QUALCI Y 1-LLLD-LAB FORM (DM1) OUNTY ' V `. .� PRIORITY SAMPLE TYPE (VF3i BASIN_ ❑AMBIENT ❑ �L� QA ❑STREAM EFFLUENT ?PORT TO ARO RO MRO RRO WaRO WiRO WSRO TS I' BM COMPLIANCE ❑ CHAIN ❑ LAKE ❑ INFLUENT ther / OF CUSTODY tipped by: Bus Courier, Staff, Other ❑ EMERGENCY ❑ ESTUARY `\Vr w )I:LECTOR(S): • L,. t ':� �� 60J� ltimated BOD Range: 0-5/5-25/25-65/40-130 or 100 plus STATION LOCATION: /l1nL teed: Yes ❑ No ❑ Chlorinated: Yes No ❑ REMARKS:b t :ation # Date Begin (yy/mm/dd) Time Begin Date End r i ltl I Mzd , Jam- 5005 310 mg/1 2 COD High 340 mg/1 3 COD Low 335 mg/I 4 . Coliform: MF Fecal 31616 /100m1 5 Coliform: MF Total 31504 /loom! 6 Collform: Tube Fecal 31615 /loom! 7 Coliform: Fecal Strep 31673 /loom] 8 Residue: Total 500 mg/1 9 Volatile 505 mg/1 10 Fixed 510 mg/l 11 Residue: Suspended 530 b mg/I 12 Volatile 535 mg/I 13 Fixed 540 mg/1 14 pH 403 units 15 Acidity to pH 4.5 436 mg/I 16 Acidity to pH 8.3 435 mg/1 17 Alkalinity to pH 8.3 415 mg/l 18 Alkalinity to pH 4.5 410 mg/1 19 TOC 680 mg/I nn Turbidity 76 NTU Time End IDepth DM DB DBM Chloride 940 mg/I Chi a: Tri 32217 ug/I Chi a: Corr 32209 ug/1 Pheophytin a 32213 ug/1 Color: True 80 Pt -Co Color:(pH ) 83 ADMI Color: pH 7.6 82 ADMI Cyanide 720 mg/I Fluoride 951 mg/I Formaldehyde 71880 mg/I Grease and Oils 556 mg/1 Hardness Total900 mg/I Specific Cond. 95 uMhos/cm2 MBAS 38260 mg/I Phenols 32730 ug/1 Sulfate 945 mg/I Sulfide 745 mg/1 Lab Number: A 06C411 Date Received: 7, 0Time: Rec'd by:From: Bus-CouriertF(Iyn DATA ENTRY BY: Tj & CK: T'10 DATE REPORTED: A H L NH3 as N 610 mg/1 J TKN as N 625 mg/I NO2 plus NO3 as N 630 tngA P: Total as P 665 mg/I PO4 as P 70507 mg/] P: Dissolved as P 666 mg/I CdCadmium 1027 ugA Cr-Chromium:Tota11034 ugA Cu-Copper 1042 ug/1 Ni-Nickel 1067 ug/1 Pb-Lead 1051 ug/t Zn-Zinc 1092 ug/1 Ag-Silver 1077 ug/I Al -Aluminum 1105 ug/1 Be -Beryllium 1012 ug/I Ca -Calcium 916 mg/1 Co -Cobalt 1037 ug/1 Fe -Iron 1045 ugA T S B I C (G )GNXX \ I Li -Lithium 1132 u Mg -Magnesium 927 mg/1 Mn-Manganese 1055 ug/1 Na-Sodium 929 mg/i Arsenic. -Total 1002 ug/l Se -Selenium 1147 ug/I Hg-Mercury 71900 ug/l Organochlorine Pesticides Organophosphorus Pesticides I I Acid Herbicides I Base/ Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle reg' Phytoplankton tmpling Point % Conductance at 25 C Water Temperature (C) D.O. mg/I pH Alkalinity Acidity Air Temperature (C) pH 8.3 pH 4.5 pH 4.5 pH 8.3 94 10 300 400 82244 431 82243 182242 20 Salinity % Precipition On/day) Cloud Cover % Wind Direction (peg) Stream Flow Severity Turbidity Severity Wind Velocity M/" Kenn Stranut Depth ft_ su—m wtdti, ft. 480 45 32 136 1351 1350 135 64 14 41/Revised 20/86 " ,t }Y .' � - -- ;�"fir::'; a".. .,CFI. -.a.;:�;:ts�;.•n::3ari.,�e�' . ��Mic el4Eas'll',,ey, .� re nor. „ Willi G.r.ecretary h Carolina De artment of Environmen andl Re icesNort. p , .. Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION December 22, 2006 Mr. Larry G. Scott 223 Hankins Road Marion, NC 28752 SUBJECT: `Compliance Evaluation Inspection Status: Compliant Scotty's Mobile Village.WWTP Permit Number NCO069965 McDowell County . Dear Mr. Scott:' Enclosed please find a copy_ of the Compliance Evaluation Inspection form from the inspection.conducted on December 19, 2006. The facility was found to be in compliance with permit NC0069965. • The operator is doing a good job.. Please'refer to the enclosed inspection report for additional observations and comments. - if you or your staff have any questions, please call me at`828-296-4500 extension 4662. Sincerely, Wanda P. Frazier, " Environmental Specialist Enclosure cc James & James Environmental, ORC Central Files Asheville -Files " One NCarolina Aatura!!ry 2090 U.S. Highway 70, Swannanoa, NC 28778 Telephone: (828) 296-4500 Fax: (828) 299-7043 Customer, Service 1 877 623-6748 United States Environmental Protection Agency Form Approved. n Washington, D.C. 20460 EP/� OMB No. 2040-0057 Water Com liance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector FacType,_- 1 I N! 2 15I 31 NC0069965 111 12I 06/12/19 117 181 C I 191 sl 20I 4— Remarks 211 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� I I I I I I 1 1-1 1 1 I, 1 1 1 1 f 1. 1 1 1 1 1 Lj6 Inspection Work Days Facility Self -Monitoring Evaluation Rating 131 QA-------- 671 1. 0 169 701 3 � 71 Lj. 72I N I 73 L _Lj74 751 I I I I I I 180 u Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 02:25.PM 06/.12/19 ,, 05/05/01 Scotty's Mobile Village Exit Time/Date Permit Expiration Date 2333 US 221 Business Marion NC 28752 03:00 PM 06/12/19 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Glen Smith/ORC/828-697-0063/ Name, Address of Responsible Official/Title/Phone and Fax Number Larry G Scott,223 Hankins Rd Marion NC 28752/Owner/828-652-3997/ ContactedNo Section.C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Records/Reports Self -Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) . (See, attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers • Date Wanda P Frazier ' ARO WQ//828-296-4500 Ext.4662/• Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 f NPDES yr/mo/day Inspection Type 8I NC0069965 I11 12I 06/12/19 - I17. 181C1' Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as neces A review of the files indicates that the last compliance evaluation inspection was conducted on 7-11-06 by Starr Silvis. The permit expires on 12-31-2009, please request a permit renewal 6 months prior to expiration. The Annual Performance Report has been filed for the year and -was on -site, along with a complete copy of the current permit. . The aeration basin process control data was as follows on the day of the inspection. Temperature = 13.9 degrees Celcius Tip: The ideal level for.dissolved oxygen in the aeration basin.is generally 1 to 3-mg/I. Seasonal changes in temperature require the adjustment of the aeration timer to achieve ideal dissolved oxygen levels., Settleable Solids = 550/1000 ml/I = 55% Tip: Using the settl"eability test, the return sludge pumping. rate is usually set so that.the flow rate is approximately equal to the percentage volumes occupied by the settleable solids from the aeration basin after settling for 30 minutes in a settleometer. For example, a settleability of 30% would generally indicate a, recommended return sludge pumping rate of 30%. Having the percent settleable solids (i.e. 30%) the same as the percent return sludge pumping rate (i.e. . 30%), allows for the solids balance in the plant. to be maintained. If the plant cannot -handle that return sludge pumping rate, then wasting is probably recommended. pH'= 7.0 units The effluent data was -as follows on the day of the inspection. Temperature = 13.8 degrees Celcius Chlorine = <15 ugh pH = 7.0 units Harry and Juanita James, the contract operators, were on -site during the inspection. The log book was present on -site and had good notation of daily events: The effluent appeared to be clear, indicating compliance with permit limits. This facility appears to be well operated and maintained. Jim Smith, the operator, is doing a good job. Page # 2 Permit: NCO069965 Owner -Facility: Scotty's' Mobile Village Inspection Date: 12/19/2006 Inspection Type: Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ ■ ❑ Is the facility as described in the permit? ■ ❑ ❑ ❑ # Are there any special conditions for the permit? ❑ ■ ❑ ❑ Is access to the plant site restricted to the general public? ■ n ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge ■ ❑ ❑ ❑ Judge, and other that are applicable? Comment: Page # 3 r� W A rF I ael F. Easlej Govemor \Q. RQ William G. Ross Jr., Secretary Q\ G North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION OCTOBER 23, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 1820 0002 9207 3666 Mr. Larry G. Scott 223 Hankins Road Marion, NC 28752 Subject: NOTICE OF VIOLATION NOV-2006-LV-0483 Permit No. NCO069965 Scotty's Mobile Village' McDowell County Dear Mr. Scott: A review of Scotty's Mobile Village's monitoring report for June 2006 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Fecal Coliform, 06/21/06 400 # / 100ml 2,570 # / 100ml Daily Maximum MF, M-FC Broth, Exceeded 44.5 degrees Celcius Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500 No Carolina g y (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 �tirrll!ll,J Mr. Larry G. Scott October 23, 2006 Page 2 of 2 To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4500 extension 4662. The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants and Collection Systems with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828-296-4500 extension 4656. Sincerely, .C4 Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: Bob Guerra, NPDES Point Source Compliance Enforcement Wanda Frazier - ARO C�Asheville-RO---faci{ity fle ��-✓ WQ Central Files N. t`F I L '.ass l", NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director September 11, 2006 Mr. Larry Scott 223 Hankins Road Marion„ North Carolina 28752-6564 Subject: NOV-2006-LV-0345 Scotty's Mobile Village McDowell County Dear Mr. Scott: Please find enclosed a copy of a letter that the Division of Water Quality has been attempting to deliver since July 17, 2006 by certified mail. Your refusal to accept the letter does not constitute this agency's failure to deliver it. Kindly respond in. writing as requested in the attached. If there are questions, contact -Mr. James Reid or Ms. Starr Silvis at telephone number 828-296-4500.. Sincerely, Roget"C. Edwards, Regional Supervisor Surface Water Protection System Xc w/ attachments: James & James Env Mgt Asheville Regional Office 2090 U.S. Highway 70, Swannanoa, North Carolina 28778 Phone: 828-296-4500/ FAX: 828-299-7043/ Internet: www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper NorthCarolina . Nahilrallif Michael F. Easley, Governor f. Wi iam : Ross Jr.j. e ary North Carolina Departmentib; "viron nt a Natural e ces Ala W. true'" P.15Wiractor Division of Water Quality Asheville Regional Office SURFACE WATER PROTECTION SECTION July 17, 2006 CERTIFIED MAIL 2nd Attempt Mailing - 8/11/2006 RETURN RECEIPT REQUESTED 7005 0390 00013553 1107 7005 0390 00013553 1268 Mr. Larry G. Scott 223 Hankins Road Marion, NC 28752 Subject: NOTICE OF VIOLATION NOV-2006-LV-0345 Permit No. NCO069965 Scotty's Mobile Village WWTP McDowell County Dear Mr. Scott: A review of Scotty's Mobile Village's monitoring report for May 2006 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, 05/10/06 400 600 #/100ml Daily Maximum M-FC Broth,44.5C #/100ml Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. ' To -prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of .similar situations. If you should have any questions,' please do not hesitate to contact Wanda Frazier at 828-296-4500 extension 4662. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 628/296-4500 No ehCarolina (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 �:� Mr. Lar`iy G. Scott, Scotty's Mobile Village July 17; 2006 Page 2 of 2 The Asheville Regional.Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection 'Systems (CS) with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization, of the operation of WWTP and/or Collection Systems. Should you have questions about this service, please contact Don Price at 828 296-4500. Sincerely, Roger. C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: James & James Environmental Management, Inc. Bob Guerra — NPDES Compliance Enforcement Wanda Frazier - ARO ARO facility files WQ Central Files 7Q35.. 13.90. 3.331 .3;553, ,1268 m ' * M--� - t. V LARRY G SCOTT 223 HANKINS ROAD a . nIARION NC 28752 I —it-uH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SURFACE WATER PROTECTION 2090 U.S. HIGH ' WAY70 SWANNANOA NC: u 1c., a 2006 cuffirltD MAIL P F'T, IIDAJ I)rPUIDT DICni 7005 0390 0001 3553 1107 A El INSUFFICIENT ADDRESS M ATTEMPTED NOT KNOWN E3 OTHER 0 SUCH NUMBER/ STREET OT DELIVERABLE AS ADDRESSED NO TO FORWARD till 111111 11111 NORTH ' CAROLINA DEPARTMENT,::.'. -OF ENVIRONMENT AND NATURAL RESOURCES SURFACE WATER PROTECTION 2090 U.S. HIGHWAY 70 SWANNANOA NC CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 0001 3553- r c_._-tz E, Ugh o LARRY G SCOTT 223 HANKINS ROAD • MARION I\ q)A 0 INSUFFICIENT ADDRESS 0 ATTEMPTED NOT KNOWN 210"THER [I NO SUCH NUMBER/ STREET S 11 NOT DELIVERABLE AS ADDRESSED Sl UNABLE TO FORWARD ��, W Q T�' 7 — Michael F. Easley, Governor 7 W� .Ross Jr. ary North Carolina DepartmentFAIF ona Natural esources v P. , __j%otor r ,Division of Water Quality Asheville kegional Office SURFACE WATER PROTECTION SECTION July 17, 2006 CERTIFIED MAIL 2nd Attempt Mailing - 8/11/2006 RETURN RECEIPT REQUESTED 7005 0390 00013553 1107 7005 0390 00013553 1268 Mr. Larry G.. Scott 223 Hankins'Road Marion, NC 28752 Subject: NOTICE OF VIOLATION NOV-2006-LV-0345 - Permit No. NCO069965 Scotty's Mobile Village WWTP McDowell County Dear Mr. Scott: A .review of Scotty's Mobile Village's monitoring report for May 2006 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, 05/10/06 400 " 600 #/100ml Daily Maximum M-FC Broth,44.5C #/100ml Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any .additional violations of State law.' To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 working days of receipt of this letter. You should address the causes of non-compliance and all, actions taken to prevent the recurrence of :similar situations. If you should have any questions, please do not hesitate to contact Wanda Frazier at 82.8-296-4500 extension 4662. Qne hCarolina 2090 U.S. Highway 70, Swannanoa, N.C. 28778 ,828/296-4500 (Telephone) 828/299-7043(Fax) Cusfomer Service 877-623-6748 1Vatupdy Mr. Larry G. Scott - Scotty's Mobile Village July 17, 2006 ... Page 2 of 2 The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTP and/or Collection Systems.. Should you have questions about this service, please contact Don Price at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: James & James Environmental Management, Inc. Bob Guerra — NPDES Compliance Enforcement Wanda Frazier - ARO ARO facility files WQ Central Files "NORTH:•CAROLINA DEPARTMENT;,_ . .--nF-.ENV.IRONMENT'AND NATURAL RESOURCES SURFACE WATER PROTECTION 2090 U.S. HIGHWAY 70 SWANNANOA NC Ist NOT€fU CERTIFIED MAIL RETURN RECEIPTS RE UQ ESTED XI 7005 0390 0001 3553�: LARRY G SCOTT 223 HANKINS ROAD A ❑ INSUFFICIENT ADDRESS � �c❑ ATTEMPTED NOT KNOWN .8'OTHER ❑ NO SUCH NUMBER/ STREET S ❑ NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD ' r- o QQ 28778 ll AUG 2 9 2006- WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE i N� + ,_,5ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A.. Signature a I item 4'if Restricted Delivery is desired. X 0 Agent i ■ Print your name and address on the reverse ❑ Addressee so that we can return the Card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Rem 1? ❑ Yes 1 Article Addressed to: If YES, enter delivery address below: ❑ No i 3 S ice Type Certified Mail ❑ Express Mail Registered Retum Receipt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes -� 7005 0390 0001 3553 1268 �j U- 200C¢ _LV -63 j \ 111111iji FS Fofin 3811 1 February 2b04 j ; Domest�cjRetum Receipt 102595-02-M-1540 I' .j h, fH CAROLINA DEPARTMENT O_F ENVIRONMENT. AND NATURAL RESOURCE, KI • FACE WATER PROTECTION 17 - 4U46 U.S. HIGHWAY,,70.. d .. SWANNANOA m I _. - ---ist NOT I£E I Uj --------- m _ Postage $ 7d-K0LTi ., _ . .. ._ r-a Certified Fee I WPOUHE i I p RetumtReceipt Fee (Endodsemepit Required) I L L)H U G' _ �M I 0 Restdcted iSelWery Fee I Lt/U� ` Q' (Endorsement Required) m ;.< Total Postage & Fees O WATEF- QUALITY SECTION � r - ASFiEd Sent To_VIL REGIONAL OFFICE ^'• " " CERTIFItD MAIL4--- �-,- TURN RECEIPT REQUESTED i i f Ili tiil M i if I it Ii (N Ilii �tt�►��tt���ni�ittillttltltt.ltttltlntl{n�llit{ullttiintil� - Nn•a3uoa•�rovlo3••ss3aaatl�udnraaaKi �o TH01tl 3H1013dO13AN31:0 d011tl U30LL NS'3Otlld r . . ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: � +'\.. � _r- :: �_ �� � E `it �� •,y''n~.\I' 1 V,Unuuny, 'Uprnrn T, T" COMPLETE.• ON DELIVERV ,yuTT\lyy. "`"MT\Ip� UWjj11n11Menna{y_ l4 rrnrr)/ �k � iV�TTRpy 1. 1 A. Sign 33U$eJ'C`0,a.D FM v. L�n!+ mw X ❑ Agent ,„uT�°w"Icy\,aamsesw'w'✓"`"�'aw.\n\'nunnma�'n ❑.Addressee 1 Y a> B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from, item t? ❑ Yes .I If YES, enter delivery address below: ❑ No I I I 3. S ice Type ,ertified Mail ElExpress Mail Registered etumReceiptforMerchandise I ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7005 0390 0001 3553 1107 ; ZaU -Y _113 _sue -aplc k[r.Rerc�i.p. t 9F{iiFFFiFF. oFzl6is{6Ps. Form3811 Februar 20Q4: 03!..20.0 i ¢ i .. Michael F. Easley, Governor William G: Ross Jr., Secretary C� kQ North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director } Division of Water Quality Asheville Regional Office lEl"EU SURFACE WATER PROTECTION SECTION July 17, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005 0390 00013553 1107 Mr. Larry G. Scott 223 Hankins Road Marion, NC 28752 Subject: NOTICE OF VIOLATION NOV-2006-LV-0345 Permit No. NCO069965 Scotty's Mobile Village WWTP McDowell County Dear Mr. Scott: A review of Scotty's Mobile Village's monitoring report for May 2006 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Coliform, Fecal MF, 05/10/06 400 600 #/100ml Daily Maximum M-FC Broth,44.5C #/100ml Exceeded Remedial actions should be.taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 10 Working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Wanda Frazier at 828-296-4500 extension 4662. _ cni Ca olina 2090 U.S. Highway 70, Swannanoa, N.C. 28778 8281296-4500 (Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 Ntyrally Mr. Larry G. Scott Scotty's Mobile Village July 17, 2006 Page 2 of 2 The Asheville Regional Office currently has on staff a Wastewater Treatment Consultant to offer technical assistance to Wastewater Treatment Plants (WWTP) and Collection Systems (CS) with operational concerns. This service is free and non -regulatory to assist in the identification and correction of operational problems. This service can be utilized for optimization of the operation of WWTP and/or Collection Systems. Should you have questions about this service; please contact Don Price at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Section Enclosure cc: James & James Environmental Management, Inc. Bob Guerra — NPDES Compliance Enforcement Wanda Frazier - ARO CARO-facilityfites WQ Central Files Jul 24 06 06:a4p 82969697a6 p.2 JAMES & JAMES ENVIRONMENTAL MANAGEME!a,1N{- ®- PO BOX 1354, MOU—NTAIN HOME, NC 28758VF2 � E� Y(828)697--0063 OFFICE E D (828) 697-0065 FAX 5 2006 July 25, 2006 Don Price I Vti'ATER QUALITY 5tG i iuw DENK ASHEVILLE REGIO(IP.L OFFICE _ 2090 US Highway 70 Swannanoa, NC 29778 Re: Notice of Violation dated July 17, 2006 Permit Number: NCO069965 Scotty's Mobile Village NIOV 2006-1,V-0345 Dear Mr. Price, This letter is in reference to the Notice of Violation received by James & James Environmental on July 24, 2006. The violation was for Scotty's Mobile Village in regard to the elevated. Fecal Coliform of 600 colonies/100 mis. for May 10, 2006. We have been attempting to find that optimum point where there is enough chlorine to do an adequate kill of the bacteria without wasting the clients money in over chlorinating. We were trying to rim a cat lorine residual around a'0.5 mgll. This is the time that we have violated the Fecal Coliform limits. We have determined that with maintaining a chlorine residual between a 0.8 mgJl and a 12 mpA the fecal count is within permit limits. While we do not wish to be negligent in the enforcement of the permit limits, we, do not wish to be wasteful with the clients financial requirements either. Ifyou have any additional questions, please contact me" Thank you for your attention in this matter. With highest regards, I am Very truly yours, uanita. James Rpr 26 06 12g37p 0286869738 p.6 JABS & JAMES ENVIRONMENTAL -MANAGEMENT, INC PO BOX 1354, MOUNTAIN ROME, ABC 28758 (829) 697-0063 OFFICF. " (829) 697-0065 FAX February 5, 2006 Starr Silvis DWQ 2090 Highway 70 Swannanoa, NC 28779 Re; NOV 2006-PC-0030, Scottys Mobile ViRag% Permit No.- NCO069965 Dear Ms_ Silvis, [n the letter d6ted January 27, 2006, there were several issues that needed to be addressed. . (1) Effluent pipe does not reach the receiving strearn Response- the pipe was extended - (2) Total Suspepdeds out of limit Response: the facility was puniped and tenants were informed about tease disposal . (3) Chlorinator pipe leaking Response. the leak was repaired i Ifwe can be of fia7her assistance, please oantact us. With highest regards, we are Very truly yaws," Harry & Juanita James 2 6 2006 9 QUALITY SECTION '-EGIONAL OFFICE W 9_ FR Q7 is el F aster, Governor ill ia G. ssr.,ry North Carolina Department o f iron atural R c s?. r D recto 'i Division of Water Qua ity"�' Asheville Regional Office SURFACE WATER PROTECTION January 27, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED j 7005 0390 00013552 8930 Larry G Scott 223' Hankins Rd Marion NC 28752 Subject: NOTICE OF VIOLATION NOV-2006-PC-0030 Compliance Sampling Inspection Scotty's Mobile Village Permit No. NCO069965 McDowell County Dear Mr. Scott: Enclosed please find a copy of the Inspection Report from the inspection conducted January 9.2006. The Compliance Sampling Inspection was -conducted by Starr Silvis and Roger Edwards of the Asheville Regional- Office. The treatment facility was found to be in violation of Permit NCO069965 for the following: Inspection Area Compliance Issue Effluent/Receiving The effluent pipe does not reach the receiving stream. The Waters pipe must be extended to reach the permitted receiving stream.. Construction of the pipe shall not disturb the stream or stream bank. If disturbance is necessary a permit application must be submitted. The discharge from the pipe must not cause scour to either the stream or the stream bank. Limits' Total Suspended Solids resulting from inspection sampling were 46 mg/I. The permitted daily max is 46 mg/I. Chlorinator The pipe feed into the chlorinator is leaking. Please refer to the. enclosed Inspection Report for any additional observations and comments. 2090 U.S. Highway 70, Swannanoa, N.C. 28778 Telephone: 82812964500 FAX: 828/299-7043 Customer Service: 877/623-6748 One No Carolina tura<!� Mr. Scott Page 2 - January 27j, 2606 sue;; To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within fifteen (15) working day of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Starr Silvis at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Attachment cc: Harry James, w/ attachment WQ Central Files w/ attachment N United States Environmental Protection Agency Washington, D.C. 20460 E PA Form Approved. /"� OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 INI 2 1.51 31 N00069965 I'll 12I 06/01/09 I'17 18ISI 191 - 20I I Remarks Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA ---- - --- ------Reserved-------:--- 671 169 70I I 711 I 72I N I 73I uI _174 75L I I I I I I 180 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) Entry Time/Date Permit Effective Date Scotty's Mobile Village 12:25,PM 06/01/09 05/05/01 Exit Time/Date Permit Expiration Date 2333 US 221 Business Marion.NC 28752 01:05 Phi 06/01/09 09/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Harry Dewain James/ORC/828-697-0063/ ) Name, Address of Responsible Official/Title/Phone and Fax Number Larry G Scott,223 Hankins Rd Marion NC 28752/Owner/828-052-3997/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance 0 Effluent/Receiving Waters Section D: Summary of Find in/Comments Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Starr Silvis v ° ARO WQ//828-296-4500/ ) ` a6 Signature of Management Reviewer Agency/Office/Phone and Fax Numbers ate %Q�A Roger C Edwards ARO WQ//828-296-4500/ 7� EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page # 1 .1 NPDES yr/mo/day Inspection Type 1 3I NCO069965 I11 1.21 06/01/09 1 17 18IS1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) The effluent pipe does not reach the creek which is the designated discharge point. The pipe must be extened in such a way that it does not cause scour of the channel. The construction of the effluent line must not cause the stream of stream bank to be disturbed. Sampling results: Permit Limits (daily max) BOD 16 mg/I 45 mg/I TSS 46 mg/I 45 mg/I Fecal 76 colonies per 100 ml 400 colonies per 100 ml Page # 2 Permit: NCO069965 Owner - Facility: Scotty's Mobile Village Inspection Date: 01/09/2006 Inspection Type: Compliance Sampling - Operations &-Maintenance Yes No NA. NE Is the plant generally clean with acceptable housekeeping? ■ ❑ ❑ ❑ Does the facility analyze process control parameters, for ex: MLSS, MCRT,.Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? ■ ❑ ❑ ❑ Comment: Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ n ■ ❑ Is the facility as described in the permit? ■ ❑ ❑El # Are there any special conditions for the permit? ❑ n ■ f1 Is access to the plant site restricted to the general public? ■ ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? ■ ❑ ❑ ❑ Comment:' Bar Screens -Yes. No NA NE Type of bar screen a.Manual ■ b.Mechanical ❑ Are the bars adequately screening debris? lip❑ ❑ ❑ Is the screen_ free of excessive debris? ■ ❑ ❑ ❑ Is disposal of screening in compliance? n n n ■ Is the unit in good condition? ■ ❑ ❑ ❑ Comment: ' Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? ■ n ❑ ❑ is the site free of excessive buildup of solids in center well of circular clarifier? ❑ n ■ ❑ Are weirs level? ■ n ❑ n Is the site free of weir blockage? ■ Cl ❑ n Is the site free of evidence of short-circuiting? ■ n ❑ n Is scum removal adequate? n ■ ❑ n Is the site free of excessive floating sludge? ❑ ■. ❑ ❑ Is the drive unit operational? ❑ ❑ ■ ❑ Is the return rate acceptable (low turbulence)? ❑ ❑ 11 ■ - Page # 3 Permit: NCO069965 Inspection Date: 01/09/2006 Owner- Facility: Scotty's Mobile Village Inspection Type: Compliance Sampling Secondary Clarifier Is the overflow clear of excessive solids/pin floc? Is the sludge blanket level acceptable? (Approximately '% of the sidewall depth) Comment: There were excessive scum and floating sludge in the clarifier at the time of the inspection. Aeration Basins Mode of operation Type of aeration system Is the basin free of dead spots? Are surface aerators and mixers operational? Are the diffusers operational? Is the foam the proper color for the treatment process? Does the foam cover less than 25% of the basin's surface? Is the DO level acceptable? Is the DO level acceptable?(1.0 to 3.0 mgA) Comment: The DO at the time of the inspection was 0.06 mg/I. The foam on the treatment plant was a pale color and covered more than 50% of the basin. The most likely cause of the excessive foam is grease. Disinfection -Tablet Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? Is there chlorine residual prior to de -chlorination? Comment: s Yes No NA NE nrl❑■ Yes No NA NE Ext. Air Diffused Yes No NA NE Page # 4 COUNTY Mc\ RIVER BASIN: REPORT TO .v Regional Office Other l COLLECTOR(S) Estimated ➢OD Range: G -SC) Chlorinated: Srti Date Begin (yy/n I 0I,/o l/ DIVISION OF WATER QUALITY A06 Chemistry Laboratory Report / Water Quality Lab Number : —� SAMPLE TYPE Date Received: f •- ri .- 95 PRIORITY AMBIENT - QA STREAM EFFLUENT Time Received rs�) Received By j a� COMPLIANCE CHAIN OF CUSTODY LAKE INFLUENT El EMERGENCY VISIT ID ESTUARY Lam^^ Data Released : J /K.5 .Ilyr Date Reported : Station Location: A!C.U06`1C1CPS Remarks: Date End (yy/mm/dd) Time Begin Time End Depth - DM, DB, DBDI Value Type- A, fI, L Composite-T, S, Sample Type BOD 310 1 (y mg/L COD High 340 mg/L COD Low 335 me/L Coliform: MF Fecal 31616 % L (j 1 /10om1 Coliform; MF Total 31504 /100m1 Coliform: tube Fecal 31615 /loom[ Coliform: Fecal Strep 31673 1100ml 2esidue: Total 500 mg/L Volatile 505 mg/L Fixed 510 mg/L Residue: Suspended 530E3 mg/L Volatile 335 mg/L Fixed 540 mg/L II 403 units Sty to pH 4.5 436 - mg/L My to pH 8.3 435 mg/L inity to pH 8.3 415 mg/L —asinity to 014 4.5 410 me/I- Turbidity 76 NTU Caliform Total Tube 11/100 Chloride 940 mg/L Chi a: Tri 32217 ug/L Chi a: Corr 32209 ug/L Pheophytin a 32213 • ug/L Color: True 80 C.U. Color: (pH) 83 pfl= c.u. Color: pH 7.6 82 C.U. Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 umhos/cm MBAS 38260 mg/L Phenols 32730 ug/L Sulfate 945 mg/L Sulride 745 mg/L Boron Tannin & Lignin ug/L Hexavalent Chromium ug/L Bicarbonate mg/L Carbonate mg/L Total Dissolved Solids mg/L COMMENTS: t" /Y1 j,,1c %r f r� C ra �F9 h;fir �a 1 •L �:�. v i NH3 as N 610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 70507 mg/L P: Dissolved as P 666 mg/L K-Potassium mg/L Cd-Cadmium 1027 ug/L Cr-Chromium:Total 1034 ug/L Cu- Copper 1042 ug/1. Ni-Nickel 1067 ug/L Pb- Lead 1051 u-" Zn- Zinc 1092 ug/L V-Vanadium ug/L Ag- Silver 1077 ug/L A]- Aluminum 1105 ug/L Be- Beryllium 1012 ug/L Ca- Calcium 916 mg/L Co- Cobalt 1037 ug/L Fe- Iron 1045 ug/L hlo-Molybdenum ug/L Sb-Antimony ug/L Sn-Tin ug/L TI-Thallium ug/L Ti-Titanium ug%I. Hg-1631 ng/L a Aw Y T Jd -<I�hrans a Vision of Financial independence 117 44 Ir lee � f A 17 A 10 A ti I . M v IS CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry G. Scott Scotty's Mobile Village 223 Hankins Road Marion, NC 28752 s•T,y.�r}'WW t - I -.010y, %Juvul []or William G. boss Jr., Secretary North Car �linglmrtnt ndJVatural Resources A a :YV Klimek P.E. Director of Water Quality September 14, 2005 '7002 0460 00019899 1611 Asheville Regional Office SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a) (6) and NPDES Permit NCOO69965 Larry G. Scott Scotty's Mobile Village Case No. LV-2005-0348 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $662.50 ($562.50 civil penalty + $100.00 enforcement costs) against Larry G. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott for the month of June 2005. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCOO69965. The violations which occurred in June 2005 are summarized in Attachment A to this letter: Based upon the above facts, I conclude as a matter of law that Larry G. Scott violated the terms, conditions or requirements of NPDES Permit NCOO69965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates'the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott: NorthCarolina NWA Ma!!y 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 Of the 2 violations of G.S. 143-215.100and NPDES Permit No: $250.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RE- 0 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for NH3-N. . 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $312'.50 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. $562.50 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $662.50 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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 'J-10 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below -as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occ*ed or the accuracy of f the factual statements contained i*#ivil penalty assessment document. Bee aus a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 14313-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS c::Icfc--Regional--onYi-sor-w/-attachments Bob Guerra/Enforcement File w/ attachments Central Files w/ attachments James and James Environmental JUSANWATION FOR REMISSION REQft DWQ Case Number: LV-2005-0348 County: McDowell Assessed Party: Larry G. Scott/Scotty's Mobile Village Permit No.: NCO069965 Amount Assessed: $662.50 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. T(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: STATE OF NORTH CAOA COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) LARRY G. SCOTT/SCOTTY'S MOBILE VILLAGE) PERMIT NO. NCO069965 ) DEPA NT OF ENVIRONMENT ' AN ATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING. AND STIPULATION OF FACTS FILE NO. LV-2005-0348 Having' been assessed civil penalties totaling $662.50 for violations as set forth in the assessment document of the Division of Water Quality dated September .14, 2005, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Larry G Scott CASE NUMBER: LV-2005-0348 PERMIT: NC0069966 FACILITY: Scotty's Mobile Village. COUNTY: McDowell REGION: Asheville .Limit Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY' MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 6-2005 001 Effluent NH3-N 06/30/05 2 X month mg/I 8.5 9.6 12.94 Monthly Average Exceeded $125.00 6-2005 001 Effluent RESTrSS 06/16/05 Weekly mg/I 45 85 88.89 Daily Maximum Exceeded $125.00 6-2005 001 Effluent RES/TSS 06/30/05 Weekly mg/l 45 90.5 101.11 Daily Maximum Exceeded $312.50 6-2005 001 Effluent RES/TSS 06/30/05 Weekly, -mg/I 30 38.3 27.67 Monthly Average Exceeded Case Number: LV-2005-0348 Assessed Entity: Larry G. Scott/Scotty's Mobile Village Region: Asheville County: McDowell () Whether one or more of the civil penalty assessment factors were -wrongly applied to the detriment of the petitioner; Notes`. () Whether the violator promptly abated continuing environmental damage resulting from the violation, Notes: () Whether the violation was inadvertent or a result of an accident; Notes: () Whether the violator had been assessed civil penalties for any - •evious violations; Notes: () Whether payment of the civil penalty will pre min necessary remedial actions. Notes: Decision (Check One) Request Denied Full Remission Partial Remission Amount Remitted Date Alan W. Klimek, P.E. DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Larry G. Scott/Scottv's Mobile Village County: McDowell Case Number: LV-2005-0348 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; All effluent violations are detrimental to the receiving stream. 2) The duration and gravity of the violation; There'were two Daily Maximum violations for TSS, one exceeded the Daily Maximum by 88.88%, and the other exceeded the Daily Maximum by 101.1%. One TSS Monthly Average was exceeded by 27.66%. One Nitrogen/Ammonia Monthly Average was exceeded by 12.94%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations are detrimental to the receiving stream. _ 4) The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; Money was saved by not doing any additional testing beyond what was required. 6) Whether the violation was committed willfully or intentionally; The permittee has been reluctant to follow the advice given by his contract operation firm in the operation and maintenance of his facility. 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 LV-2005-10342 for $125.00, LV-2005-0292 for $562.50, LV-2005-0091 for $100.00, LV-2004- 0243 for $100.00, LV-2004-0228 for $250.00, LV-2004-0253 for $350.00, and LV-2004-0485 for $125.00. 8) The cost to the State of the enforcement procedures. $100.00. 57114,11,9S Date Roge C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Williarn•GtiRoss=ilr,, Secretary North Carolina Dep Err�aent:0 tentaa�r d �al Resources �A W. Klimek, P.E. Director ai Qivision.of at r _..,,,-..� a Quality Asheville Regional Office September 14, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED ' 7002 0460 00019899 1529 Larry G. Scott Scotty's Mobile Village 223 Hankins Rd Marion, NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) and NPDES Permit NCO069965 Larry G. Scott Scotty's Mobile Village Case No. LV-2005-0342 McDowell County Dear Mr. Scott: 143-215.1(a)(6) This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $225.00 ($125.00 civil penalty + $100.00 enforcement costs) against Larry G. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott for the month of May 2005. This review has shown the subject facility to be in violation of the discharge, limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in May 2005 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G. Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.l(a). 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, Roger C. Edwards, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott: NorthCarolina 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 �atura��lf Of the 1 violations of G.S. 143-215.1 and NPDES Pe la7Cd) rmit No. $125.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. 0 of the 1 violations of G.S. 143-21'5.1(a)(6) and NPDES Permit No. $.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. $125.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $225.00 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- 2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation- (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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: I. 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 No 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed state ment*stablishes why you believe the civilty 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 NCGS 143B-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact the Water Quality staff of the Asheville Regional Office at 828-296-4500. Sincerely, RogeF C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional-Supervisor-W/ aftachme`nts� Bob Guerra/Enforcement File w/ attachments Central Files w/ attachments James and James Environmental ' JUSAkATION FOR REMISSION REOftk DWQ Case Number: LV-2005-0342 County: McDowell Assessed Party: Larry G. Scott/Scotty's Mobile'Village Permit No.:NC0069965 Amount Assessed: $225.00 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. § 1.43B-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. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penaltyassessment 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: r STATE OF NORTH CJJONA COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) LARRY G. SCOTT/SCOTTY'S MOBILE VILLAGE) PERMIT NO. NCO069965 ) DEPNT OF ENVIRONMENT . AND NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINSTRATIVE HEARING AND STIPULATION OF FACTS ` FILE NO. LV-2005-0342 Having been assessed civil penalties totaling $225.00 for violations as set forth in the assessment document of the Division of Water Quality dated September 14, 2005, the undersigned, desiring to seek remission_ of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE ra ATTACHMENT A Larry G Scott CASE NUMBER: LV-2005-0342 PERMIT: NCO069966 FACILITY: Scotty's Mobile -Village COUNTY: McDowell REGION: Asheville Limit Violations - MONITORING OUTFALLI VIOLATION UNITOF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $125.00 5-2005 001 Effluent FEC COLI 05/31/05 Weekly #/100ml 400 490 22.50 Daily Maximum Exceeded $.00 5-2005 001 Effluent RES/TSS 05/31/05 Weekly mg/l 45 46.7 3.78 Daily Maximum Exceeded I Case Number: LV-2005-0342 Assessed Entity: Larry-G. Scott/Scotty's Mobile Village Region: Asheville County: McDowell () Whether one or more of the civil penalty assessment factors were wrongly .applied to the detriment of the petitioner; Notes: () Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: () Whether the violation was inadvertent or a result of an accident; Notes - Whether the violator had been assessed civil penalties for any previous violations; Notes: O Whe•� % nece_- Note! l-v� Ity will prevent payment for the remaining Decision (Check One) Request Denied Full Remission Partial Remission Amount Remitted Date Alan' W. Klimek, P.E. DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Larry G. Scott/Scottv's Mobile Village County: McDowell Case Number: LV-2005-0342 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; All effluent violations are detrimental to the receiving stream. 2) The duration and gravity of the violation; The permitted Daily Maximum for Fecal was exceeded by 22.5%, and the permitted Daily . Maximum for TSS was exceeded by 3.77%. 3) The effect on ground or surface water quantity or quality or on air quality; All effluent violations are detrimental to the receiving stream. 4) . The cost of rectifying the damage; The cost is unknown. 5) The amount of money saved by noncompliance; Money was saved by not doing any additional testing beyond what was required. 6) Whether the violation was committed willfully or intentionally; The permittee has been reluctant to follow the advice given by his contract operation firm in the operation And maintenance of his facility. 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 LV-2005-0292 for $562.50, LV-2005-0091 for $100.00, LV-2004-0243 for $100.00, LV-2004- 0228 for $250.00, LV-2004-0253 for $350.00, LV-2004-0485 for $125,00, and LV-2004-0484 for $437.50. 8) The cost to the State of the enforcement procedures. $100.00. Date R ge C. Edwards, Regional Supervisor Surface Water Protection Asheville Regional Office Jun 06 05 05:13p 0286969738 .lames & James Environmental Management, Inc. r ` PO Box 1354, Mountain Home, SIC 28758 Office: (828) 697-OM. , Fax: (828) 697 0065 Recipier� Jt'� ►�� ��-� Company. C Fax Number..2qj.,j.-70V3 Voice Number; . y SVD Date: �� �'lo ;5_ Time:�- Total No. Pages 3 �inciudes comer): Saubject: ,Nt V1 o w a- sent -By: Message: p.1 Li Jun 06 05 05:13p 8286BGS738 p.2 F Uvrt�F ' � �Q Michee[F.Fas7ey,Gavcmar Q William G. Ross Jr, secretrvy North Carolina Ueparlmcnt of Tntirironmem and Natural Remumes Alan W. Klimek, Y.E. Director Mision of Water Quality Ashevfllc RLSk=l Off= SURFACE WATER PROTECTION May 20, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 00019899 0300 Larry G Scott Scotty's Mobile Village 2333 U S Huey 221 Business Marion NC 28752 Subject: NOTICE OF VIOLATION Permit No. NCO069965 Scotty's Mobile Village McDowell County NOV 2005-LV-0253 Dear. Mr. Scott: A review of Scotty's Mobile Village's monitoring report for January 2005 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 01/31/05 45 mg/I 50.4 mg/I Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within,ten (10) working days of receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the recurrence of similar situations. If you should Have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface Water Protection cc: - WQ Central Files James & James Environmental 2D90 U.S. Highway 70, Swannanoa, N.C. 28778 8281296-4500 (Telephone) 828f299 7M(Fau) Customer Service 877-623-6748 hipp°"{�[T CaraI. - 717is!u ®ED�IE JUN - 9 2005 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE J Jun 08 05 05:14p 8286969738 p:3 LAMES & JAWS ENVIRONMENTALMANAGEMENT, INC . PO BOX I354; MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (S28) 697-0065 FAX . .tune 9, 2005 Janet Cantwell DENR 2090 US Highway"70 Swanni moa, NC 28779 Re: Notice of Violation dated May 70, 2005 Permit Number: NCO069965 - Scotty's Mobile Village Dear Ms. Cantwell; This letter is in reference to the Notice of Violation received by James &.James Environmental on June 21, 2004. The violation was for Scotty's Mobile Village in iegard to the elevated Total Suspended Solids -for January; 2005. Scotty's Mobile Village is a very difficult facility to operate: The quality and type of Influent is not always customary with that of domestic wastewater: We struggle'on a moafhly basis to stay one step ahead of whatever the tenants so choose to send us. We, along with Mir_ Scott, have attempted to educate the tenants on the complexity of the.system and specify what iterns can and cannot be sent to the facility. Despite our best efiurts, we still receive items that arc toxic io our system. The fact that our daily maximum -did not escalate into a monthly average violation reflects great attention given by our operator, Jim, Smith. We also have reason to believe that there is it possible functioning meth lab in this park. This has been reported to,the Drug Enforcement Division of McDowell County. The facility operates very well for a portion of days and then, overnight, the facility.receives a toxic shock that takes time for it to recover from. We believe that this is related W the nigb.0 that the drug is being manufactured We cannot prove it at this time, but there are many strong indicators coming to the facility - While we do not wish to be negligent in the enforcement of the permit limits, we do not wish to be wasteful with the clients financial icquirements-either. ifyou have any additional •questions, please contact me. Thank -you for your attention in this matter. With highest regards, i am Very truly yours, Juanita James 0? vvti Michael F.,Ea . Easley, Governor William G. Rowk., Secretary. 4b North Carotin entofEnVonm n, aij' Natural Resources r. AI 4W.�1._e k P E. Director Dy�si.'t Water QualityAsheville Regional Office SURFACE WATER PROTECTION May 20, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 0460 00019899 11111300 Larry G Scott Scotty's Mobile Village 2333 U S Hwy,221 Business Marion NC"28752 Dear Mr. Scott: Subject: NOTICE OF VIOLATION Permit No. NC0069965' Scotty's Mobile,Village McDowell County NOV-2005-1-V-0253' A review of Scotty's Mobile'Village's monitoring report for Janu . ary'Z905 showed the following violation: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 01/3 1 05 45 mg/l 50.4 mg/l Daily Maximum. Exceeded Remedial actions should betaken ken to,correctthisproblern. The Division of Water Quality may pursue enforcement action for this..and any .additional violations of State law. T.o. prevent further action, carefully review these violations and deficiencies and respond inwriting to this office within ten (10).�working days of -receipt of this letter. You should address the causes of non-compliance and all actions taken to prevent the . recurrence ence of similar, situations. If y,ou should have any q'uestioris,, please do not hesitate to contact Jane"tCantwelk at 828/296-4500. Sincerely, Roger C. Edwards, Regional Supervisor Surface.Water Protection cc: WQ Central Files James & James, Environmental 2090 U.S. Highway 70, Swannan6a, N.C. 28778 828/296-4500 (Telephone) 828/299-7043(Fa.x) Customer Service. 877-623-6748 N Ono Carona -A DIVISION OF TER QUALITY WATER QUALITY FIELD -LAB FORM (DMI) PRIORITY SAMPLE TYPE Z ///// COUNTY �1" LL RIVER BASIN ❑ AMBIENT ❑ STREAM ❑ EFFLUENT REPORT TO: ARO FRO MRO RRO WaRO WiRO WSRO TS AT BM ❑ COMPLIANCE ❑ LAKE ❑ INFLUENT Other Shipped by: Bus, Courier, Staff, Other ❑ EMERGENCY ❑ ESTUARY COLLECTORS) 9 � D Estimated BOD Range: 0-5/5-25125-65/40-130 or 100 plus STATION LOCATION: ('7 (/ i/ Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ REMARKS: Station # Date Begin (yy/mm/dd) Time Begin Date End Time End Dept B DBb I BOD5 310 mg/L 2 COD High 340 mg/L 3 COD Low_ 335 mg1L 4 Colifonn: MF Fecal 31616 /100ml 5 Colifonn:MFTotal 31504 /100ml 6 Colifonn: Tube Fecal 31615 /1001111 7 Coliform: Fecal Strep 31673 /100ml 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L 11 Residue: Suspended 530 ) 0166 mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pH 403 writs 15 Acidity to pH 4.5 436 mg/L 16 Acidity to pH 8.3 435 tng/L 17 Alkalinity to pH 8.3 415 mg/L 18 Alkalinity to pH 4.5 410. ' - mg/L 19 TOC 680 mg/L - 20 Turbidity 76 NTU Chloride 940 mg/L Chl a 70953 µB/L Color:.Tme 80 Pt -Co Color:(pH ) 83. ADMI ColorpH 7.6 82 ADMI- Cyanide720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 NIBAS 38260 mg/L Phenols 32730 µg/L Sulfate 945 mg/L Sulfide 745 mg/L V. I a6 IT.. OMI V Lab Number: A 17 01 & ( Date Received: Rec'd by: TAA 5 From: Bus -Courier and D DATA ENTRY BY: TA, S CK: ]"A--S DATE REPORTED: WRi Value Type Composite Sample a I. A H )L T S B C Cj GNXX NH3 as N 610 mg/L TKN as N 625 mg/L NO2 plus NO3 as N 630 mg/L P: Total as P 665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 µg/L Cr-Chromium;Total 1034 µg/L Cu-Copper1042 µB/L Ni-Nickel 1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µB/L Ag-Silver 1077 µB/L AI -Aluminum 1105 µg/L Be -Beryllium 1012 µg/L Ca -Calcium 916 mg/L Co -Cobalt 1037 µB/L Fe -Iron 1045 µg/L Li-Lilhimn 1132 µg1L Mg -Magnesium 927 mg/L Mn-Manganese 1055 µg1L Na-Sodium 929 mg/L Arsenic:Total 1002 ltg/L Se -Selenium 1147 µg/L Hg-Mercury 71900 µg/L Organochloriue Pesticides Organophosphorus Pesticides Acid Herbicides- Base/Neutral Extractable Organics Acid Extractable Organics, Pwgeable Organics (VOA bottle req'd) Phytoplankton Lab Use Only Temperature on arrival: " r C Sam lin Point'% Conductance at 25°C Water Temperature °C D.O. m L pH Alkalinity Acidity Air Temperature °C p 300 400 H8.3 pH 4.5 82244 431 : pH4.5 pH8.3 2243 82242 0 2 4 Salinity 46° Precipitation (in/day) Cloud Cover % Win irection ( e8) Stream Flow Severity Turbidity Severity 11350' Wind'Velocity Mean Stream Depth ft. Stream Width ft. 80 45, 32 36 1351 35 64 4 0- DIVISION OF WATER QUALI Y WATER QUALITY FIELD -LAB FORM (DM I) COUNTY V PRIORITY SAMPLE TYPE RIVERBASIN ❑-AMBIENT ❑ STREAM REPORT TO• O F O MRO RRO WaRO WiRO WSR0 TS AT BM COMPLIANCE ❑ LAKE Other Shipped by: Bus, CouT, er ❑ EMERGENCY ❑ ESTUARY COLLECTOR(S): Estimated BOD Range: 0-5/5-25/25-65/ 0-130 or 100 plus STATION LOCATION: q L 6 z Seed: Yes ❑ No ❑ Chlorinated: Yes ❑ No ❑ l V BOD5 310 7 mg/L 2 COD High 340 mg/L 3 COD Low 335 mg/L 4 olifonn: MF Fecal, 1616 /100mt 5 Coliform: MF Total 31504 /100ml 6 Coliform: Tube Fecal 31615 /100ml 7 Coliform: Fecal Strep 31673 /100011 8 Residue: Total 500 mg/L 9 Volatile 505 mg/L 10 Fixed 510 mg/L I l esidue: Suspended 530 ) 3 & • mg/L 12 Volatile 535 mg/L 13 Fixed 540 mg/L 14 pli 403 units 15 Acidity to pH 4.5 436 mg/L 16 Acidity to pH 8.3 435 mg/L 17 _ Alkalinity to pH 8.3 415 mg/L 18 Alkalinity to pH 4.5 410 mg/L 19 TOC 680 mg/L 20 Turbidity 76 NTU Chloride 940 mg/L Chl a 70953 µg/L Color: True 80 Pt -Co Color:(pH ) 83 ADMI ColorpH 7.6 82 ADMI Cyanide 720 mg/L Fluoride 951 mg/L Formaldehyde 71880 mg/L Grease and Oils 556 mg/L Hardness Total 900 mg/L Specific Cond. 95 MBAS 38260 mg/L Phenols 32730 µg/L Sulfate 945 mg/L Sulfide 745 mg/L EFFLUENT [:]INFLUENT S� O V­ I TI.. rltllV Lab Number: A Q S O1 6.0 Date.Received:•./S'-OS Time:1L�� Ree'dby: 'sVA S From: Bus -Courier . e `. DATA ENTRY BY:3'MS CK: JnAS DATE REPORTED: L�-g 3 as N 610 1 mg/L TKN as N 625 mg/L NO2 plus NO3-as N 630 mg/L P: Total as P-665 mg/L PO4 as P 665 mg/L P: Dissolved as P 666 mg/L Cd-Cadmium 1027 pg/L Cr-Chromium;Total 1034 µg/L Cu-Copper 1042 µg/L Ni-Nickel 1067 µg/L Pb-Lead 1051 µg/L Zn-Zinc 1092 µg/L Ag-Silver 1077 µg/L Al -Aluminum 1105 µg/L Be -Beryllium 1012 µg/L Ca -Calcium 916 mg/L Co-Cobalt1037 µg/L Fe -Iron 1045 µg/L Li -Lithium 1132 µg/L Mg -Magnesium 927 mg/L Ivin-Manganese 1055 -µg/L Na-Sodium 929 mg/L Arsenic:Total1002 µg/L Se -Selenium 1147 µg/L Iig-Mercury 71900 µg/L Organochlorine Pesticides Organophosphoms Pesticides Acid Herbicides Base/Neutral Extractable Organics Acid Extractable Organics Purgeable Organics (VOA bottle req'd) Phytoplankton Lab -Use Only Tem erature on arrival: ' t , y.- Sam lin Point'% Conductance at 25-C Water Tein erature °C D.O. m L oH Alkalinity Acidity Air Temperature °C 2 4 0 0� 300 400 pH 8.3 pH 4.5 - 82244 431 pH4.5 pH 8.3 82243 82242 20 Salinity %o 80 Precipitation (in/day) 5 Cloud Cover % 2 Wind Direction (Deg) 6 Stream Flow Seventy 1351 Turbidity Severity 11350 Wind Velocit7164 35 Mean Stream Depth ft. Stream Width fi. 4 �F wATF9 r �' Michae . Easley, Governor Nilliam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources _ Alan W. Klimek, P.E. Director --� Division of Water Quality o � Asheville Regional Office March 3, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry G Scott Scotty's Mobile Village 223 Hankin Road Marion, NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO069965 _ Larry G Scott Scotty's Mobile Village Case No. LV-2005-0087 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $700.00 ($600.00 civil penalty + $100100 enforcement costs) against Larry G Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G Scott for the month of August 2004. This review has shown the subject, facility to be'in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in August 2004 are summarized in Attachment A to this letter. Based upon the above facts; I conclude as a matter of law that Larry G Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-21.5.l(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty.may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Roy M. Davis, Division of.Water Quality Acting Regional Supervisor for the Asheville Region, hereby make the. following civil penalty assessment against Larry G Scott: NorthCarohna Naturally "v 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 1 violations of G.S. 143-215. l (a)(6) and NPDES Permit No. $250.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for N113-N. 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $250.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. $600.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $700.00 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- 2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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: 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty r w assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your. right to an administrative hearing and a. stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the -civil penalty should be remitted,, and submit it to the Division of Water 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 NCGS 143B-282.I (b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Managernent•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 "Request for Remission of Civil Penalties, 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 petitions 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact Janet Cantwell of the Asheville Regional Office at 828- 296-4500. Sincerely, Roy M. Da v s, Acting Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS c gional�Supervisor=w/-attaoh nents, , 7 Enforcement File w/ attachments Central Files w/ attachments James & James Environmental JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2005-0087 County: McDowell Assessed. Party: Larry G. Scott Permit No.: NC0069965 Amount Assessed: $700.00 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. § 14313-282.1(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 assessmentfactors 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 (L 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT COUNTY OF McDOWELL AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND LARRY G. SCOTT ) STIPULATION OF FACTS (SCOTTY'S MOBILE VILLAGE) ) PERMIT NO. NCO069965 ) FILE NO. LV-2005-0087 Having been assessed civil penalties totaling $700.00 for three violation(s) as set forth in the assessment document of the Division of Water Quality dated March 3, 2005, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the 3`d day of March, 2005 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A Larry G Scott CASE NUMBER: LV-2005-0087 ,PERMIT: NC0069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE \ $250.00 8-2004 001 Effluent NH3-N 08/31/04 2 X month mg/1 8.5 11.7 37.65 Monthly Average Exceeded $100.00 8-2004 001 Effluent RES/TSS 08/31/04 Weekly mg/I 45 93.1 106.89 Daily Maximum Exceeded $250.00 8-2004 001 Effluent RES/TSS 08/31/04 Weekly mg/I 30 60.6 102.00 Monthly Average Exceeded n a DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT (FII,E) Violator: Larry G Scott County: McDowell Case Number: LV-2005-0087 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. Q3h o-5 lait(��() -R �1 rry\c�) Roy M. Davis, Acting Regional Supervisor Surface Water Protection Asheville Regional Office 3` 61WQ — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATIO Case Number: LV-2005-0087 Assessed Entity: Larry G Scott Region: Asheville County: McDowell () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: () Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: () Whether the violation was inadvertent or a result of an accident; Notes: i - O Whether the violator ha \ violations; Notes: Ities for any previous O Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. . Notes: Decision (Check One) Request Denied Full Remission Partial Remission Amount Remitted Date Alan W. Klimek, P.E. VV A / _ .— �.. . ichaelL.E-lelovernor William G. Ross Jr., Secretary r _ North Carolina Department of Environment and Natural Resources J Alan W. Klimek, P.E. Director Division of Water Quality SURFACE WATER PROTECTION SECTION February 28, 2005 Mr. Larry G. Scott Scotty's Mobile Village 223 Hankin Road Marion, North Carolina 28752 Subject: Scotty's Mobile Village Wastewater Treatment Plant McDowell County NPDES Permit # NCO069965 Dear Mr. Scott: .. A review of the Scotty's Mobile Village Wastewater Treatment Plant Monitoring Report for September 2004 showed the following violation: Parameter Date Limit Value Reported, Limit Type Value 7 Nitrogen, 09/30/2004 8.5 mg/I 9 mg/I Monthly Ammonia Total Average This violation has been carefully reviewed and has been determined to have been caused by Tropical Storms Frances, Ivan, and/or Jeanne. These storms affected much of the area served by the Asheville Regional Office in the month of September, 2004. Because of these extenuating circumstances, no regulatory action will be taken by this Agency regarding this violation. I would like to thank your staff, for immediately informing this Agency upon the occurrence of these violations as required by your permit. If you should have any questions, please do not .hesitate to call me at (828) 296-4500. Sincerely, net Cantwell Environmental Technician cc. James & James Environmental No [hCarolina • - �atura!!y North Carolina Division of Water Quality 2090 U.S: Highway 70 Swannanoa, NC 28778 Phone (828) 296-4500 Customer Service Internet: h2o.enr.state.nc.us FAX (828) 299-7043 1-877 623=6748 An Equal Opportunity/Affirmative Action Employer —50% Recycled/10% Post Consumer Paper MEMO TO THE FILE DATE v CJ FROM NC DIVISION OF WATER QUALITY -WATER QUALITY SECTION NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director May 20, 2005 CERTIFIED MAIL 7000 1530 00012099 2460 RETURN RECEIPT REQUESTED - A& Larry G. Scott 2333 U.S Hwy 221 Business Marion, NC 28752 Subject: Demonstration of Future Wastewater Treatment Capacities - NPDES Permit NCO069965 Scotty's Mobile:Viilage WWTP McDowell County Dear Mr. Scott: 15A NCAC 2H .0223, "Demonstration of Future Wastewater Treatment Capacities,"'was adopted by the Environmental Management Commission to 'ensure that wastewater treatment-.. systems owned or operated -by municipalities; counties, sanitary districts or public utilities do not. exceed their hydraulic treatment capacities. This Rule .specifies that no permits for sewer line extensions will be issued by the Division of Water Quality to facilities exceeding 80% of their hydraulic treatment capacity unless specific evaluations of future wastewater treatment needs have been completed. A review of your self monitoring reports has indicated flow at the subject facility exceeded the 80% threshold for calendar year 2004. The average flow calculated for this period was 0.008 MGD, and represented 82.71% of the current treatment capacity. Therefore, we will be unable, to approve any further sewer line extensions for this facility until such time as you have complied with the requirements contained in the Rule. In order to attain compliance with the Rule, you must submit an approvable engineering evaluation of future wastewater treatment needs., This evaluation must 'outline specific plans for. _ system expansion and include the sources of funding for the expansion. If future expansion is " not proposed, a detailed justification must be made based on past growth records and future.-. , growth projections and, as appropriate, shall include conservation plans or other specific measures to achieve waste flow reductions. M AY 2 4, 2005 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone:. 919-733-7015 / FAX 919-733-2496 / Internet:: h2o.encstate.nc.us An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ATER QUALITY 5EL I'U" TH-JILLE REGIONAL OFFICE In 80% Letter Scotty's Mobile Village WWTP p. 2 To prevent delays in the processing of your future permit applications for sewer line extensions, please submit a plan of action containing the information necessary to comply with the appropriate demonstrations as described above to the following address: DENR-DWQ Point Source Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Per the terms of NCAC 2H. 0223 (3), the Director may, on a case by case basis, allow permits to be issued to facilities exceeding the 80 percent loading rate if: 1) the additional flow will not cause the facility to exceed its permitted hydraulic capacity, 2) the facility is in compliance with all other permit limitations and requirements and 3) it is demonstrated that adequate progress is being made in developing the required engineering evaluations or plans and specifications. If you wish to ask for a waiver of the moratorium per this provision of the rule, please send information in support of your request to the address listed above. Actual plans and specifications for expansion should be submitted to the Division of Water Quality's Construction Grants and Loans Section for review and approval. We look forward to working with .you on development of plans to meet your future wastewater treatment nee s. you have ariy�questions-regarding-this-matter,—please,contact the -Surface_..___ _ Water Protection Section staff of our Asheville Regional Office at (828) 296-4500, or Bob Guerra of the Point Source Compliance/Enforcement Unit, at (919) 733-5083, extension 539. Sincerely, 4 GUI (9111 David A. Goodrich Chief, Point Source Branch Attachment (15A NCAC 2H .0223) cc: fAshev lle Regional:=Office PERCS Unit . PSB/Moratorium Files Central Files ; �r ' NORTH CAROLINA DEPKK-.-i,.. „r -m-4Vi1-,JNMtiv� AND NATURAL RESOURCES ' d- u DWQ-SW P-- 2090 U.S. 'HIGWAY 70 _ Y SWANNANOA NC 28778 - -- 8 c 2 C D oZ(P a ER 09C2.00� -M 7004 0750 0000. 25`�3' I14".�',_ T a 7 r cs mI 1st NOTICE MAR, 2 8 2005�_ j 2nd NOTICE r 0 zj RETURNED _ LARRY G SCOTT 'AEI SCOTTYS MOBILE VILLAGE 1 GIONAL =a � 223 HANKIN-R.on.n_ MARION f� A ❑INSUFFICIENT ADDRESS ❑ ATTEMPTED NOT KNOWN ❑ OTHER 0 SUCH NUMBER/ STREET CERTIFIED MAIL - S WOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD ' RETURN RECEIPT REQUESTED 11l1liltl�iili.tilfiillff�f�11�ltiiiillffilltlfil!! .lflifililflif I ■ Complete items 1, 2, and 3. Also complete A. Signature ❑ Agent item 4 if Restricted Delivery is desired. X ❑Addressee l ■ Print your name and address on the reverse i so that We can return the card to you. B. Received by (Printed Name) C. Date of Delivery 1 ■ Attach this card to the back of the mailpiece, or on the front if space permits. rent from item 1? ❑ Yes 1.;.r North Carolina Department of 'address below: ❑ No w4�1 , Envircn:nent and Natural Resources I 2090 l .S- Highway 70, Sviannanoa, Mc 28778 �' _ :.I.�y�.,•+•--u..a,•a:6nN�e.cer.Cs.T.�.'ual.�R�o-a3_`MO,ti¢A•ao 3. Se Ice Type l 1 1 LARRY G St-r-jT+ Certified Mail ❑ Express Mail i I Soo r-TYS i:110 51 L E t' I L LAr E egistered V11heturn Receipt for Merchandise � 223 i zr NK-1,,i ROAD El Insured Mail C.O.D. j iV1HR!hb AI Guu?a2 4. Restricted Delivery? (Extra Fee) ❑ Yes 1 2. Article Number 7004 0750 0000 2593 0 9-Lt u-- 1 d (Transfer from service label 1 it - 102595-02-M-15401 PS t=orm 3811, August 2001 ' I Domestic Return Receipt i 1, ill„xlr „ „ , „ „1 1 LV,`2si��U� cI NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director October 27, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry G. Scott Scotty's Mobile Village 2333 U.S. Highway 221 Business Marion, North Carolina 28752 Subject: Notice of Violation Failure to Submit Permit Renewal Application NPDES Permit NCO069965 Scotty's Mobile Village WWIP McDowell County Dear Mr. Scott: The subject permit expires on December 31, 2004. North Carolina Administrative Code (15ANCAC 2HO105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no later than July 4, 2004. The Division has not received a renewal request for your permit. This is a violation of your permit at Part H. B.10., which states "Any permittee that has not requested renewal at least 180 days prior to expiration... will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.". In order to prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) within 10 days of your receipt of this letter. Submit the completed application package to the address listed at the bottom of this page. If all wastewater discharge from your facility has ceased and you wish to rescind this permit, contact Charles Weaver of my staff; his telephone number, fax number and e-mail address are listed at the bottom of this page. You may also contact the Asheville Regional Office at (828) 296-4500 to begin the rescission process. Use the enclosed checklist to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. Sincerely, 6' an W. Klimek, P.E. cc: Central Files Asheville Regional -Office, Water_QualitySectionn NRDES File AL�yD NOV - 1 2004 WATER QUALITY SECTION ASHEVILLE REGIONAL OFFICE 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT US ON THE INTERNET@hftp:/ih2o.enr.state.nc.us/NPDES e-mail: charles.weaver@ncmail.net w 0 NPDES PermitNCO069965 Scotty's Mobile Village VAWP The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, submit written documentation showing the authority delegated to any such Authorized Representative (see Part II.B.1Lb of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. PLEASE NOTE: Due to a change in fees effective January 1,1999, there is no renewal fee required with your application package. Send the completed renewal package to: Mrs. Carolyn Bryant NC DENR / DWQ / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 OF WA7-F� ! Mich �el, Easle�, Gorey rnor William�G. oss Jr , Se reta , North Carolina Department of Environments d Natural Resources r Alan W. Klimek, P.E. Director ~1 Coleen Sullins, Deputy Director '< Division of Water Quality Asheville Regional Office December 1, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry G Scott Scotty's Mobile Village 141 Overlook Drive Marion, NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143 -215. 1 (a)(6) and NPDES Permit NCO069965 Larry G Scott Scotty's Mobile Village Case No. LV-2004-0253 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $450.00 ($350.00 civil penalty + $100.00 enforcement costs) against Larry G Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G Scott for the month of February 2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in February 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G Scott: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 . Customer Service 1 800 623-7748 I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $100.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $250.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. $350.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $450.00 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- 2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282. 1 (b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 o 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact Janet Cantwell of the Water Quality staff or me of the Asheville Regional Office at 828-296-4500. Sincerely, rrest a tall Water Quality Regional Supervisor Asheville Regional Office ATTACHMENTS ::Regional=Supervisor w/ attachments ----- Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0253 County: McDowell Assessed Party: Larry G Scott Permit No. (if applicable): NC0069965 Amount Assessed: $450.00 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. 14313-282.1(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: ' e STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT . AND NATURAL RESOURCES COUNTY OF MCDOWELL LARRY G. SCOTT IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND SCOTTY'S MOBILE VILLAGE ) STIPULATION OF FACTS PERMIT NO. NCO069965 ) FILE NO. LV-2004-0253 Having been assessed civil penalties totaling $450.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 1, 2004, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Larry G Scott CASE NUMBER: LV-2004-0253 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALU VIOLATION 'UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE s $100.00- 2-2004 -001 Effluent RESITSS 02/29/04 Weekly mg/I 45 58 28.89 Daily Maximum Exceeded $250.00 2-2004 001 Effluent RES/TSS 02/29/04 Weekly . mg/I 30 36.5 21.67 Monthly Average Exceeded Michael F. Easley, Governor;- j William �'rRo s Jt Secletary North Carolina Departman....._nvirnnmant a dW:;hIra acru�rrac _ R pp CERTIFIED MAIL RETURN RECEIPT RECEIPT REQUESTED Larry G. Scott Scotty's Mobile Village 141 Overlook Drive Marion, North Carolina 28752 ':/I //d J �/ SUBJECT: Notice of Violation and Assessment of Civil for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit N00069965 Larry G Scott Scotty's Mobile Village Case No. LV-2004-0484 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $537.50 ($437.50 civil penalty + $100.00 enforcement costs) against Larry G Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G Scott for the month of May 2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in May 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G Scott: I�orthCarolina NirturallJ 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 i t i $.00 1 of 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for BOD. 1 of 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. $125.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for TSS. 1 of 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. $.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for BOD. 1 of 1 violation of G.S. 143-215.1(a)(6) and NPDES Permit No. $312.50 NC0069965, by discharging waste water into the waters of the State in violation of the -Permit Monthly Average limit for TSS. $437.50 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $537.50 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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: 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 MR7 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as. evidenced by an internal date/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 you have any questions, please contact Janet Cantwell of the Asheville Regional Office at 828- 296-4500. Si , est R. estall, Regional Supervi Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0484 County: McDowell Assessed Party: Scotty's Mobile Village, Larry G. Scott Permit No.: NC0069965 Amount Assessed: $537.50 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT COUNTY OF MCDOWELL AND NATURAL RESOURCES IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND SCOTTY'S MOBILE VILLAGE ) STIPULATION OF FACTS PERMIT NO. NCO069965 ) FILE NO. LV-2004-0484 Having been assessed civil penalties totaling $537.50 for 4 violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above - stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Larry G Scott CASE NUMBER: LV-2004-0484 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations - MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %,OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $.00 5-2004 001 Effluent BOD 05/31/04 Weekly mgA 45 50 11.11 Daily Maximum Exceeded $.00 5-2004 001 Effluent Bob 05/31/04 Weekly mg/l 30 35.3 17.67 Monthly Average Exceeded $125.00 5-2004 001 Effluent RES/TSS 05/31/04 Weekly mgA 45 82.2 82.67 Daily Maximum Exceeded $312.50 5-2004 001 Effluent RES/TSS 05/31/04 Weekly mg/1 30 71.3 137.67 Monthly Average Exceeded i� q EFFLUENT NC006996r SCHARGE NO. 001 MAY YEAR 2004 NAME SCOUTS MOBILE VILLAGE CLASS If COUNTY McDOWELL OR IN RESPONSIBLE CHARGE (ORC) JIM SMITH GRADE If P _kAONE 828-6974063 '�?IAI:YnCAL - #12 ]LABORATORIES (1) JAMES & JAMEj_k9V_lj9NMENTA k. , MG.T!, .(2),: PAC E ORC HAS P N(S) COLLECMG SAWLF,-A- JIM SMI NO RAT OR ilml SMIT11H CKBOX Mail ORIGIN4 a!inoQNE Pal t ATTN: CENTRAL FILES SMQ2004 NATURE OF OP IN RE CHARGE) DATE DENR-I)WQ.---.­:; JUL 2 0 2004 THIS SIGNATUft, I CERTIFY THAT THIS REPORT IS 1617 AWL_CE CENT A CURATE AND COMPLETE TO THE BEST OF MY ]KNOWLEDGE. RALEIGII, NC 276994617 MIA 1166 RAIMM Mort more M MUM NUM NUM m", In m m DEM Fotm MR-1 (01/00) Fac•I 'Status_(Please. check one'of:the follovuing 'ty All monitoring data and sampling frequencies meet permit requirements _._._ .._.._.. - Cam plian %r All monitoring data and sampling frequencies do NOT meet requirements ..,Noncompliant If the facility is noncompliant; please comment on corrective actions being taken in respe-at to -•equipment, operation, maintenance, etc. and a timetable for -improvements to be made. NL = NO LIMIT THERE WERE MANY ELEVATED RESULTS FOR -THIS MONTH. TSS IS NOWCOMPLIANT' FOR THE MONTH BUT THE BOD AVERAGED BELOW THE 20.%. 'ertify,-under penalty of law, that this document -and -all attachments were prepared under my direction or supervision in accordance- ' with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.: Based on my . inquiry of the person or persons who manage the system; or those persons directly responsible for gathering the information, the _ - information -submitted is to the best of my -knowledge and belief, true, accurate, and complete. I. am aware that, there are significant . penalties -for submitting false information, including the possibility of fines and imprisonment for knowing violations." SCOTTY'S MOBILE VILLAGE Permittee (Please.print.or type) c_ 6/20/2004 ` S" nature of Per ttee*.* Date 1344 HIGHWAY 221 N., MARION, N. C. 28752 828�697-0063 31-Dec-04 Permittee Address _- •.`- _- . - _ - Phone Number Permit Fes: Date PARAMETER CODES - 00010 Temperature 00556 Oil &Grease; 00951 Thal Flouride ; ' 01067 Nickel 50060 Total " �_ .. ; 00076 Turbidity 00600 Total Nitrogen 01002 Total Arsenic 01077 Silver'- Residue 00080 Color (Pt-C6j 00610 Ammonia Nitrogen " 01092 -Zinc -Chlorine 00082 Color (ADMIj 00625 Total.l(jeldhal- 01027 Cadmium - '01105 -Aluminum ! Nitrogen 00095 Conductivity ' 000630 Nitrate/Nitrites - 01032 Hexavalent Chromium-'01147 Total Selenium - : 718.80 .Formaldehyde 00300 Dissolved Ox ygen : 01034 Chromium , 31616 Fecal Coliform .- _ - 71900 Mercury . 60310 BOD5 • - ' 00665 Total. Phosphorous -. - _ ' 32730. Total Phenolics • 81551 _Xy!gr e 00340 COD, ; . 00720 .Cyanide 01037 Total Cobalt _ ... 34235 Benzene - 00400 pH..- _._-._ 00745. Total Sulfide ...... .. 01042 Cc ppe_,,- _ _ .: 344.81 Toluene _. . ._.60530 Total -Suspended. , ,•• - --.00927 Total Magnesium 38260 WAS Residue . 00929 Totail Sodium 01045 Iron 39516 -PCBs 00940 Total Chloride 01051 Lead 50050 Flow _ _ - 00545- Settleable Matter • • - Parameter. Code assistance may obtained, b calling the_Water quality Compliance Group at (919).733-5083, extension 581 or 534: _ The mmonthfy average for fecal colrform is to be reported as a GEOMETRIC mean: Use only units' designated in the reporting facilitys permit for reporting data. ` . `ORC must-vlsit facility and documerit visitation of faciGty=as`•required `per 1$ A NCAC W0202:;(b) (5) (B)': - , .**If signed by otheir than the perrmittee,.delegation.cf.signatory authority must be, on_ file with the state per, 15A NCAC'2B._050.6 (b) _ 1 J � DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT(FILE) Violator: Larry G. Scott County: McDowell Case Number: LV-2004-0484 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) . Whether the violation was committed willfully or intentionally; 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. Da o rest R Westal , Regional Supervisor Surface Water Protection Asheville Regional Office dATF9 Michael F. Easley, Governor i' Willis Goss r., S'ecretary `�(� — North Carolina Departmen, -nnvironme Vantl Nat ral R sources ti . J r^ Alan W. Klime , P.E. Director > -=� Division of Water Quality o Asheville Regional Office September 27, 2004 `- CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry G. Scott /V-7— Aeii' L S P-Z w %JaZ) 141 Overlook Drive Marion NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Pf for Violations of North Carolina General State and NPDES Permit NCO069965 I 1130/0 Larry G Scott I Scotty's Mobile Village Case No. LV-2004-0485 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $225.00 ($125.00 civil penalty + $100.00 enforcement costs) against Larry G Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G Scott for the month of June 2004. This review has shown the subject facility to be in violation of the.discharge limitations and/or monitoring requirements found in NPDES' Permit NC0069965. The violations which occurred in June 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G Scott: No'rthCarolina ,Naturally 2090 U.S. Highway 70, Swannanoa, NC 28778 Phone: (828) 296-4500 FAX:299-7043 Customer Service 1- 800 623-7748 r` 4!! t d ^'d 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. $125.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for RES/TSS. $125.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $225.00 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully, or intentionally; (7) The prior record of the violator in complying or failing to comply 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 '"19 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil. penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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.the 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 "Request for Remission of Civil Penalties, 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 A: . 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (3 0) days of receipt of this letter, 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 you have any questions, please contact Janet Cantwell of the Asheville Regional Office at 828- 296-4500. Si ely, est R. estall, Regional Supervisor Surface Water Protection Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0485 County: McDowell Assessed Party: Larry G. Scott, Scotty's Mobile Village Permit No.: NCO069965 Amount Assessed: $225.00 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. § 14313-282.1(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. 14313-282.1(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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND LARRY G. SCOTT (SCOTTY'S MOBILE ) STIPULATION OF FACTS VILLAGE) PERMIT NO. NCO069965 ) FILE NO. LV-2004-0485 Having been assessed civil penalties totaling $225.00 for two violation(s) as set forth in the assessment document of the Division of Water Quality dated September 27, 2004, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A Larry G Scott CASE NUMBER: LV-2004-0485 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALU VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $125.00 6-2004 001 , Effluent FEC COLI 06/30/04 Weekly #/loom[ 400 797 99.25 Daily Maximum Exceeded $.00 6-2004 001 Effluent RES/TSS 06/30/04 Weekly mg/l 30 30.5 1.67 Monthly Average Exceeded i DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Larry G. Scott County: McDowell Case Number: LV-2004-0485 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) 2) 3) 4). 5) 6) 7) 8) 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 duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. - orrest R Vestill, Regional Supervisor Surface Water Protection Asheville Regional Office LarryScott Owner 814-B Kanuga St. Hendersonville, North Carolina Dear Mr. Scott: AA NCDENR 28739 __. Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources August 10, 2004 Alan W. Klimek, P.E., Director Division of Water Quality AUGRD E C E � V -- E D 1 1 2004 10 WATER QUALITY SECTION ,HEVILLE REGIONAL OFFK Subject: Receipt of permit renewal application NPDDES Permit NCO069965 Scotty's Mobile Village -.--iitnde iii :,.aunty The NPDES Unit received your permit renewal application on August 6, 2004. The check is being returned because there is no fee for renewals. Charles Weaver of the NPDES Unit will review your application. Mr. Weaver will contact you if additional information is required to complete your permit renewal. You should expect to receive a draft permit approximately 30-45 days before your existing permit expires. The requirements in your existing permit will remain in effect until the permit is renewed (or the Division takes other action). If you have any additional questions concerning renewal of the subject permit, please contact me at (919) 733-5083, extension 520. Sincerely, &A-p Carolyn Bryant Point Source Branch cc: CENTRAL FILES Ashes ev Il Regional-Office/Water Q ality-Section NPDES Unit N. C. Division of Water Quality / NPDES Unit Phone: (919) 733-5083 Fax: (919) 733-0719 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center.1800 623-7748 Internet: h2o.enr.state.nc.us e-mail: Carolyn.bryant@ncmail.net NPDES APPLIQ- `)N FOR PERMIT RENEWAL- ~ -;IRT FORM D To be filed only by privat c y—:vned dischargers of 100% domestic wastewater (<1. MGD How) N. C. Department of Environment and Natural Resources Division of Water .Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 http://hgo.enr.state.ne.us/NPDES/ North Carolina NPDES Permit Number 1. Contact Information: Facility Name Owner Name Street Address city State / Zip Code Telephone Number' Fax Number e-mail Address Operator Name Street Address city State / Zip Code County Telephone Number PIease print or type S. 0 i?DY) 2. Location of facility producing discharge: Check here if same as above M Facility Name Of different from above) Street Address or State Road City State / Zip Code County 3. Reason for application: Expansion/Modification * Existing Unpermitted Discharge Renewal New Facility * Please provide a description of the expansion/modification: Page 1 of 3 version 1102 NPDES APPLYCAdWN FOR PERMT RENEWAL- 4WRT FORM D To be filed only by privatel ned'dischargers of 100% domestic WMewater (<1. MGD flow) 4. Description of the existing treatment facilities (list all installed components with capacldes). S. Description of wastewater (check all that apply): Type of Facility Generating Wastewater Industrial Commercial Residential_ School Other Number of Employees Number of Employees Number of Homes Number of Students/Staff Describe the source(s) of wastewater (example: subdivision, mobile home park, etc.): 6. List all permits, construction approvals and/or applications (check all that apply): MM Permit Number Tvne Permit Nutmber RCRA Non -Attainment TIC Ocean Dumping NPDES .�� �� 9 Dredge/Fill Permits PSD Other NESHAPS 7. Number of separate wastewater discharge pipes (wastewater outfalls): S. If the facility has multiple discharge outfalls, record the source(s) of wastewater for each outfall: Page 2 of 3 Version 12102 NPDES APPLICAftN FOR PERMT RENEWAL- WRT FORM D To be filed only by privately -owned dischargers of 100% domestic wastewater- (<1 MGD flow) 9. Name of receiving stream(s) (Provide a map. showing the exact location of each outfall): 10. Is this facility located on Native American lands? (check one) YES 0 NO i certify that 1 am famiiliar with the information contained In the application and that to the best of my knowledge and belief such information is true, complete, and accurate. y V ,4 -Z uate North Cam a 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 with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Arficle, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both for a similar offense.) Page of 3 Version 12102 Jul 13 04 10:36a MR*MRS HARRY JRMES 8286869736 p.3 JAWS & JAMES`ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE - (828) 697-0065 FAX July 13; 2004 Janet Cantwell DENIL 2090 US Highway 70 Swannanoa, NC 28778 Rc: Notice of Violation dated June 21, 2004 Permit Numb= NC0069965 - Scotty's Mobile Village Dear Ms. Cantwell, This letter is in reference to the Notice of Violation received by James & James Environmental on June 21, 2004. The violation was for Sootty's Mobile Village in regard to the elevated BOD, S--Day for April, 2004_ - Scotty's Mobile Village is a very difficult facility to operate. The quality and type of Influent is not always customary with that of domestic wastewater_ We struggle on a monthly basis to stay one step ahead of whatever the tenants so.choose to send us. We, along with W. Scott, have attempted to educate the tenants on the complexity of the system and specify what items can and cannot be sent to the facility. Despite our best efforts, we still receive items that are toxic to our system. The fact that our daily maximum did not escalate intoa monthly average violation reflects great attention given by our operator, .limn Sm ith. While we do not wish to be negligent in the enkmement of the permit Limits, we do not wish to bo'wasteful with the clients financial requirements either. Ifyou haveany additional questions, please contact me. Thank you for your attention in this matter. With highest regards, I am Very truly yours, Juanita James QQ / Michaanatur asl , G enor Williamss r , Se,retary z� North Carolina Department'-.-d;vironment I Resau. r,6es Alan W. Kli k, P.E. Director Coleen Sullins, Deputy Director Division of Water Quality Asheville Regional Office June 22, 2004 . CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry_ G Scott Scotty's,Mobile Village 141' Overlook Drive Marion, NC 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit NCO069965 Larry G Scott Scotty's Mobile Village Case No. LV-2004-0253 McDowell County _ Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount'of $450.00 ($350.-00 civil penalty + $100.00 enforcement costs) against Larry G Scott'. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G Scott for the month of February 2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in February, 2004 are summarized in Attachment A to this letter. Based upon the above facts, I. conclude as a matter of law that Larry G Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143.-215.1(a). 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, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the_ ,following civil penalty assessment against Larry G Scott: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800.623-7748 t $100.00 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. 1250.00` ` NC60699655 by discharging waste water into the waters of the State in,violation of the Permit Monthly Average limit for RES/TSS. TOTAL CIVIL PENALTY $ t06 06 '" ` Enforcement .Costs 45.0.00 '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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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 .� � 2.. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as -they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of anadministrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282. 1 (b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director bf the Division 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 the 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 "Request for Remission of Civil Penalties, 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 original and one (1) copy of the petition must be filed with the Office of Administrative' Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact Janet Cantwell of the Water Quality staff or me of the Asheville Regional Office at 828-296-4500. Sincerely, crest a tall Water Quality Regional Supervisor Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0253 County: McDowell Assessed Party: Larry G Scott Permit No. (if applicable): NCO069965 Amount Assessed: $450.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND SCOTTY'S MOBILE VILLAGE ) STIPULATION OF FACTS PERMIT NO. NCO069965 ) FILE NO. LV-2004-0253 Having been assessed civil penalties totaling $450.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above - stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil. penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Larry G Scott CASE NUMBER: LV-2004-0253 PERMIT: NCO 069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville ' limit Violations CALCULATED %OVER MONITORING OUTFALL/ VIOLATION UNIT OF PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $100.00 2-2004 001 Effluent RES/TSS 02/29/04 Weekly mg/I 45 58 28.89 Daily.Maxinium Exceeded $250.00 2-2004 001 Effluent RESJTSS 02/29/04 Weekly mg/I 30 36.5 21.67 Monthly Average Exceeded DIVISION OF WATER QUALITY - CIVIL PENALTY ASS ��MENT (FILE) Violator: Larry G Scott County: McDowell Case Number: LV-2004-0253 ' ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; 7) The prior record of the violator, in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. DaX Forrest R estall Water Quality Regional Supervisor Asheville Regional Office NORTH CAROLINA DEPARTMENT OE-EtgVIRONMENT AND NATURAL RESOURCES 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 V'• 7004 0000 t2595-124P STAGE PE5559422 FROM ZIP CODE a ��m E U NAME p E; D 2nd Nctic- , , JUL 4� 04 LARRY SCOTT Return - SCOTT�� It, A^�I�_C �.� IJ-A.._� WATEf_O __LLZ�, A ❑ INSUFFICIENLAU69tWILLE REGIONAL OFFI ATTEMPTED NOT KNOWN ❑ OTHER ' c MARI0 OC ❑ ❑►V� SUCH NUMBER/ STREET S @�_OT DELIVERABLE AS ADDRESSED CERTIFIED: M {( - UNABLE TO FORWARD RN RECEIPT- RE UESTED - -�> �� � c, i:Ii►il:sl:I:::il:IIItIII:Ililt ::Ifit IIII:I:III:I:Iii:::i:I:li Yes ❑ No LARRY 8COTT, ice Type SC'OTTYS MOBILE VILLAG17 141 OVERLOOK DRIVE Registered Certified Mail 0 Express Mail C . . . . . . KRIe'glistered rReturn Receipt for Merchandise 0 Insured Mail C.O.D. MARIONNC 28752 4. Restricted Delivery? (Extra Fee) El Yes 2—Article Number ?004 0750 0000 2593-2�?9 (Transfer from service label) eS Form3811,, August 2001, Domestic Return Receipt 102595-02-M-1540 IT: 1 U. lj Hil NV ATF y Michae ` asle Gov nor, �O�O RQL �} William G Ross Jr., ecre ary North Carolina Department of Environment and Natural Resources rAlan W. Klimek, P.E.. Director > Coleen Sullins, Deputy Director Division of Water Quality Asheville Regional Office June 21, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr.Larry G Scott 141 Overlook Drive Marion, North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO069965 Larry G Scott Scotty's Mobile Village Case No. LV-2004-0243 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $200.00 ($100.00 civil penalty+ $100.00 enforcement costs) against Larry G Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G Scott for the month of March, 2004. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in March 2004 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143 -215. 1 (a). 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, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G Scott: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 rf. I of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $100.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum limit for RES/TSS. $100.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $200.00 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282.1(b) was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 W M 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact Janet Cantwell of the Water Quality staff of the Regional Office at 828-296-4500 . S' ly, ater uaWityegional Supervisor Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments DWQ Case. Number: LV-2004-0243 . County: McDowell Assessed Party: Larry G - Scott Permit No. NCO069965: Amount Assessed:. $'200.00 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 rernission'of this civil penalty. You should attach any documents that you believe support yourrrequest '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 .penaltymaybe.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 (Le., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had' not been assessed 'civil penalties far. any previous. violations; (e) payment of the civil penalty will prevent.. payment for the remaining necessary remedial actions (i.e., explain howpayment of the civil penalty will prevent, you from performing the activities necessary.to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND STIPULATION OF FACTS LARRY G. SCOTT ) PERMIT NO. NCO069965 ) FILE NO. LV-2004-0243 Having been assessed civil penalties totaling $200.00 _for violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above - stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 ATTACHMENT A Larry G Scott CASE NUMBER: LV-2004-0243 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations ' MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED %OVER ' PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE s $100.00 3-2004 001 Effluent RES/TSS 03/31/04 Weekly mg/I 45 157 248.89 Daily Maximum Exceeded DIVISION OF WA t e A QUALITY - CIVIL PENALTY ASSESSMENT (FILE) Violator: Larry G Scott County: McDowell Case Number: LV-2004-0243 ASSESSMENT FACTORS As required by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in G.S. 143B-282.1(b), which are: 1) 2) 3) 4) 5) 6) 7) 8) 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 duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Dat orrest R W sta Water Quality Regional Supervisor Asheville Regional Office Michael Rf�ley, lver{gEL.L William G. Ross Jr., Secrets 7� North Carolina Department of Environment and Natural Resources CERTIFIED MAIL RETURN RECEIPT REQUESTED June 21, 2004 Mr. Larry Scott 141 Overlook Drive Marion, North Carolina 28752 Alan W. Klimek, P.E. Director Coleen Sullins, Deputy Director Division of Water Quality Asheville Regional Office SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit NCO069965 Larry-G Scott Scotty's Mobile Village Case No. LV-2004-0228 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350.00 ($250.00 civil penalty + $100.00 enforcement costs) against Larry G- Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Lary G Scott for the month of November 2003. This review has shown the subject facility to, be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NCO069965.'The violations which occurred in November 2003 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Forrest R Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty -assessment against Larry G Scott: 1617 Mail Service.Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 t -47! 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $250.00 NC0069965, by discharging waste. water into the waters of the State in violation of the Permit Daily Maximum limit for FEC COLI. $250.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $350.00 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- 2 82. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the.public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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 or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of 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 and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282.1(b) ..was wrongfully applied to the detriment of 'the petitioner; (2) whether the violator promptly abated continuing environmental. damage resulting from the violation; (3) whethertthe violation was inadvertent or a result of an accident; .(4) . whether,the violator had been assessed'eivil penalties for any previous violations; or. (5) whether payment of the- civil penalty will prevent payment for the remaining necessary remedial actions:'' Please note that all evidence .presented in support of your request, for -remission must be submitted in writing. The Director of .the Division of 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 the.`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 ofyour- request for remission. In order to request remission, you must complete,and submit the enclosed ".Request for Remission of Civil Penalties, 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. �@_ 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to , General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact Janet Cantwell of the Asheville Regional Office at 828- 296-4500 . Sincerely, r orrest R. Westall Water Quality Regional Supervisor Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0228 County: McDowell Assessed Party: Larry Scott Permit No. NC0069965 Amount Assessed: $350.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARINGAND LARRY SCOTT (SCOTTY'S MOBILE ) STIPULATION OF FACTS VILLAGE) ) PERMIT NO. NCO069965 ) FILE NO. LV-2004-0228 Having been assessed civil penalties totaling for violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE SIGNATURE 20 ATTACHMENT A ° Larry G Scott CASE NUMBER: LV-2004-0228 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville ' w Limit Violations - MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 11-2003 001 Effluent FEC COLI 11/30/03 Weekly #/100ml 400 530 32.50 Daily Maximum Exceeded • `. DIVISION OF WATER QUALITY - CIVIL PENALTY ASSES §MENT (FILE) Violator: County: Case Number: Larry G Scott McDowell LV-2004-0228 ASSESSMENT FACTORS As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. rrest R estall Water Quality Regional Supervisor Asheville Regional Office Michael. EJy.-LGgver rr� William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION June 21, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry G Scott 141 Overlook Drive Marion NC 28752" Subject: NOTICE OF VIOLATION NOV-2004-LV-0279 Permit No. NCO069965 -Scotty's Mobile Village McDowell County Dear Mr.Scott: A review of Scotty's Mobile Village's monitoring report for April 2004 showed the following violations: Parameter Date Limit Value Reported Limit Type Value BOD, 5-Day (20 Deg. C) 04/30/04 45 mg/I 51.9 mg/I Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 30 working day of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Janet Cantwell at 828/296-4500. Sincerely, r orrest .Wes ea401 Water Quality Regional Supervisor xc: WQ Central Files James & James Environmental Management 2090 U.S. Highway 70, Swannanoa, N.C. 28778 828/296-4500(Telephone) 828/299-7043(Fax) Customer Service 877-623-6748 06/15/2004 12:27 82BB521700 GRAPHICS 14AREHOUSE PAGE 01 / 01 o fay Fms /;v prymd Q pl "'i q-t- of 4 1 "". f V j R bv olh 'a ovAr , i \ � /// r n JUN 1 5- M WATER QUALITY SECTION • � FILE aMichael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION May 5, 2004 Mr. Larry-G. Scott Scotty's Mobile Village 2333 U.S. Highway 221 Business Marion, North Carolina 28752 Subject: Compliance Evaluation Inspection Scotty's Mobile Village Permit No: NCO069965 Status: Non -Compliant McDowell County Dear Mr. Scott: Enclosed please find 'a copy of the Compliance Evaluation Inspection form from the inspection conducted on April 23, 2004. ' Ms. Janet Cantwell and I, of the Asheville Regional Office, conducted the Compliance Evaluation Inspection. The facility was found to be Non -Compliant with permit NC0069965. The following recommendations have been made as a result of this inspection: 1. The collection system serving the mobile home park needs to be repaired in order to prevent Inflow and Infiltration (W). 2. The introduction of toxic'materials to the wastewater treatment plant must be halted. 3. The need for an equalization basin and increased chlorine contact should be investigated. By copy of this letter we are requesting that the McDowell County Building Inspector withhold future Certificates of Occupancy (CO's) for this facility until the problems contained in this inspection have been addressed. Please refer to the enclosed inspection report for additional observations and comments. If you have any questions, please call us at (828)296-4500. Sincerely, rry Frost Environmental Chemist Enclosure cc: James and James Environmental — Post'Office Box 1354, Mountain Home, North Carolina 28758 McDowell County Building Inspector - 60..East Court Street, Marion, North Carolina 28752 McDowell County Health Department - 408 Spaulding Road, Marion, North Carolina 28752 2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748 a United States Environmental Protection Agency Form Approved. Washington, D.C. 20460 EPA OMB No. 2040-0057 Water Com Iiarice Ins ection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection _Type Inspector .: Fac Type 1 INI 2 U 31 NCO069965 111 121 04/04/23 1 17 18 U 19 U 20 U Remarks 211 1 1 1 1 1 1 1 1 1 f 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I66 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA -----------Reserved------- --- 671 169 70 U 71 U 72 Li 73 W 74 751 I I I I I I 180 Section B: Facility Data Name, and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Scottv's Mobile Village 11.00 AM 04/04/23 01/10/01 Exit Time/Date Permit Expiration Date 2333 U.S.. ,221 Business Marion NC 28752 12:00 PM 04/04/23 04/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data James Glen Smith/ORC/828-697-0635/ Steven Ernest-Nannev/ORC/828-691-0063/ Harry Dewain James/ORC/828-697-0063/' Name, Address of Responsible OfficiallTitle/Phone and Fax Number Larry G Scott,1344 U S Hwy 221 Nor Marion NC 28752//704-652-3997/ Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit E Flow Measurement Operations & Maintenance E Records/Reports Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-251-6208/828-251-6452 Janet Cantwel ARO WQ//828-251-6208/828-251-6452 / Q 'jam Signature of Management (eview r , Agency/Office/Phone and Fax Numbers Date :Wr EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. NPDES yr/mo/day Inspection Type (cont.) 1 31 NC0069965 I11 12 I 04/04/23 117 18 U Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This permit expires on December 31, 2004, remember to submit your renewal application at least 180 days prior to expiration. Operators on site at the time of the inspection were; Harry James, Jim Smith and Steve Nanny. In the last few months the operators have asked the owner to pump the sludge from the digester and it has not happened. The operators are adding soda ash and alum in order to build biomass and they can no longer build biomass, this is due to two (2) issues; The operators report toxic substances are being introduced into the plant including petroleum products (either transmission fluid or heating oil have been observed twice in the last year) and unknowns. Inflow and Infiltration (I & I) continues to wash solids from the plant during rain events. The owner contributes to the flow problems of the plant by cutting off or throttling back on the potable water during the night which causes slug flows to the plant in the mornings. The operators find slug flows to the plant uncontrolable due to the lack of an equalization basin. The operators have found that the chlorine contact chamber is too small for the flow, by testing fecals and chlorine residual. At the time of the inspection the instantaneous flow to the plant was estimated at 12,000 GPD. The operators are concerned that the plant cannot be kept in compliance under existing circumstances and that this reflects negatively upon them. They are also concerned that disgruntled residents are introducing toxic agents to the plant such as petroleum products and cleaning agents. Recommendations: The intoduction of toxic materials to the plant be halted immediately. The need for an equalization basin and increased chlorine contact be investigated. The collection system be repaired to prevent I&I. No further certificates of occupancy be issued to the Mobile Home Park until the problems are corrected.This recommendation will be forwarded to the McDowell Count; Building Inspectors Office. �r s NC0069965 Owner - Facility: Larry G Scott- Scotty's Mobile Village 04/23/04 Inspection Type:'' Compliance Evaluation (If the'present permit expires in 6 months or less). Has the permittee submitted a new application? ❑ ❑ 0 ❑ Is the facility as described in the permit? 0 ❑ - ❑ ❑ Are there any special conditions for the permit? ❑ E ❑ ❑ Is access to the plant site restricted G the general public? ❑ ❑ ❑ Is the inspector granted access to all areas for inspection? 00 ❑ ❑ Comment: 'NE Operations & Maintenance Does the plant have general safety structures in place such as rails around or covers over tanks, pits, or wells? - Yes No NA ❑ Is the plant generally clean with acceptable housekeeping? ❑ ❑ ❑ "Comment: Screens Type of bar screen a.Manual b.Mechanical ❑ Are the bars adequately screening debris? ❑ ❑ ❑ Is the screen free of excessive debris? ❑ ❑ ❑ Is disposal of screening in compliance? ❑ ❑ ❑ Is the unit in good condition? ❑ ❑ ❑ Comment:Commutator has been missing for several years. Yes No NA NE Seaondary Clarifier Is the clarifier free of black and odorous wastewater? ❑ ❑ ❑ Is the site free of excessive buildup of solids in center well of circular clarifier? ❑ ❑ 0 ❑ Are weirs level? ❑ ❑ ❑ Is the site free of weir blockage? ❑ ❑ ❑ Is the site free of evidence of short-circuiting? ❑ ❑ ❑ Is scum removal adequate? 11 ❑ ❑ Is the site free of excessive floating sludge? ❑ ❑ ❑ Is the drive unit operational? ❑ ❑ 0 ❑ Is the sludge blanket level acceptable? ❑ ❑ ❑ Is the return rate acceptable (low turbulence)? E ❑ ❑ ❑ Is the overflow clear of excessive solids/pin floc? M ❑ ❑ ❑ Is the surface free of bulking ? ❑ ❑ ❑ Comment: Aeration ns Mode of operation Yea No Ext. Air NA N Type of aeration system Diffused Is the basin free of dead spots? ❑ ❑ El" Are surface aerators and mixers operational? ❑ ❑ 0 ❑ Are the diffusers operational? ❑ ❑ ❑ Is the foam the proper color for the treatment process? ❑ ❑ ❑ Does the foam cover less than 25% of the basin's surface? ❑ ❑ ❑ Is the DO level acceptable? ❑ ❑ ❑ Are settleometer results acceptable? ❑ ❑ ❑ Comment:Suspended solids appear to be low and the sludge is very young. Permit: NC0069965 Owner - Facility: Larry G Scott - Scotty's Mobile Village . Inspection Date: 04/23/04 Inspection Type: Compliance Evaluation Disinfection Yes No NA NE . Type of system ? Are cylinders secured adequately? Are cylinders protected from direct sunlight? Is there adequate reserve supply of disinfectant? Is ventilation equipment operational? Is ventilation equipment properly located? Is SCBA equipment available on site? Is SCBA equipment operational? Is staff trained is operating SCBA equipment? Is staff trained in emergency procedures? Is an evacuation plan in place? Are tablet chlorinators operational? Are the tablets the proper size and type? Number of tubes in use? (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) Is the level of chlorine residual acceptable? Is there adequate detention time Is the contact chamber free of growth, or sludge buildup? Comment:Operators report that detention times are too low. Tablet .❑ ❑ ❑ ❑ ❑ ❑ N.❑ ❑ ❑ ❑ ❑ ■ ❑ O O ■ ❑ ❑ ❑ N ❑ ❑ ❑ E ❑ ❑ Cl E ❑ ❑ ❑ ■ ❑ O ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1 O ❑ ■ ❑ .❑ ❑ E ❑ ❑ ❑ ❑ E O'N ❑ ❑ ■ ❑ ❑ O O� J� W ATFqQG ' Michael F. Easley, Governor lliam G. Rossr �S.,ecre ary North Carolina Department 6i, 42-- i, �ment and Natural esou �- or E > Coleen Sullins, Deputy Director p a -� Division of Water Quality Asheville Regional Office Alan W. Klimek, P.E. Direct January 14, 2004 CERTIFIED MAIL — 7001 2510 00091126 4120 RETURN RECEIPT REQUESTED Mr. Larry Scott Scotty's Mobile Village 2333 U.S. Highway 221 Business Marion, North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6) and NPDES Permit NCO069965 Larry G. Scott Scotty's Mobile Village Case No. LV-2004-0006 McDowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350.00 ($250.00 civil penalty + $100.00 enforcement costs) against Larry G. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott for the month of September 2003. This review has. shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in September 2003 are summarized in Attachment A to this letter. Based upon the above facts,'I conclude as a matter of law that Larry G. Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143- 215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Forrest Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott: 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 Mr. Scott/ - January 14, 2004 Page 1 of the 1 violations of G.S. 143-215. 1 (a)(6) and NPDES Permit No. $250.00 NC0069965, by discharging waste water into the waters of the State in violation of the Permit Monthly Average limit for N113-N. $250.00 TOTAL CIVIL PENALTY $100.00 Enforcement Costs $350.00 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply 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: 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 Comphance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative Mr. Scott January 14, 2004 Page 3 hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water 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 NCGS 143B-282.1(b). was 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 evidence presented in support of your request for remission must be submitted in writing. The Director of the Division 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 the 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 "Request for Remission of Civil Penalties, 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 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 original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. Mr. Scott January 14, 2004 Page 4 The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Dan Oakley, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/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 you have any questions, please contact the Water Quality staff of the Asheville Regional Office at 828-251-6208 Ext.. Sincerely, Forrest Westall Water Quality Regional Supervisor Asheville Regional Office ATTACHMENTS cc: Regional Supervisor w/ attachments Enforcement File w/ attachments Central Files w/ attachments so 00 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: LV-2004-0006 County: McDowell Assessed Party: Larry G. Scott Permit No. (if applicable): NC0069965 Amount Assessed: $350.00 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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MCDOWELL LARRY G. SCOTT IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND LARRY G. SCOTT ) STIPULATION OF FACTS PERMIT NO. NCO069965 ) FILE NO. LV-2004-0006 Having been assessed civil penalties totaling $350.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above - stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of ADDRESS TELEPHONE MeIL41 IrlI- 20 ATTACHMENT A Larry G. Scott CASE NUMBER: LV-2004-0006 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Limit Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $250.00 9-2003 001 Effluent NH3-N 09/30/03 2 X month mg/I 8.5 12.6 48.24 Monthly Average Exceeded "DIVISION OF W QUALITY - CIVIL PENALTY ASIENT Violator: County: Case Number: Larry G. Scott McDowell LV 2004-0006 ASSESSMENT FACTORS As required by G.S.143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by noncompliance; 6) Whether the violation was committed willfully or intentionally; 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and 8) The cost to the State .of the enforcement procedures. 111-51--lAow— D e AForrestestall 4A Water Quality Regional Supervisor Asheville Regional Office Nicha 1 F. Easley, Governor ' . _ WilhamTG? Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION January 6, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Larry G. Scott 1344 U S Highway 221 North Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION NOV-2004-LV-0001 Permit No. NCO069965 Scotty's Mobile Village McDowell County Dear Mr. Scott: A review of Scotty's Mobile Village's monitoring report for October 2003 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Solids, Total Suspended 10/31/03 45 mg/I -58.4 mg/I Daily Maximum Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to. this office within 10 working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Mr. Larry Frost at (828) 251-6208. S1. ely, U1r V Forrest R. Westall Water Quality Regional Supervisor Asheville Region Office Division of Water Quality xc: WQ Central Files 59 Woodfin Place Asheville, North Carolina 29801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 �OF W A 6016 . �O �(-F � Y Michael F. Easley, Governor _ William G. Ross Jr., Secretary, North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION December 10, 2003 Mr. Larry Scott 2333 U.S. Highway 221 Business Marion, North Carolina 28752 Subject: Compliance Evaluation Inspection. 'Notice of Deficiency . Scotty's Mobile Village — Wastewater Treatment Plant NPDES Permit NCO069965 McDowell County Dear Mr. Scott: On December 9, 2003, 1 conducted a Compliance Evaluation Inspection on Scotty's Mobile Village Wastewater Treatment Plant. The purpose of the inspection was to respond to the concerns of Mrs. Juanita James, of James and James Environmental. Mrs. James reported to me that it appeared that kerosene, had been introduced to the WWTP probably through the collection system. A copy of the inspection report is attached for your, records.. During the inspection I observed that the facility had the distinct odor of kerosene but appeared to be operating properly and the effluent was clear as it discharged from the plant, there has been work on the discharge pipe and it no longer discharges to the stream, and there were also condoms and trash on the ground at the influent end of the WWTP. You should take immediate steps to absorb any petroleum products remaining in the WWTP. You must take all measures necessary to prevent the introduction 'of petroleum products into this facility. This is the second incident in the last 12 months and is very dangerous to .the proper operation of the facility and the environment. Furthermore, discharge of these products to Waters of the State is illegal. If this activity cannot be controlled further regulatory action will be taken. The discharge pipe from the WWTP must be extended to the stream and the area around the plant must be kept clean. Should you have any questions regarding this inspection, please call me at (828) 251-6208. Sincerely, ,vFrost . ronmental Chemist Enclosure cc: Harry James — James and James ZAP NI C-DE IR 59 Woodfin Place Asheville, North Carolina 29801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 United States Environmental Protection Agency Form Approved. EPA Washington, D.C.20460 OMB No. 2040-0057 Water Com lia ce'lns ction R Dort Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 U 2 U 31 NCO069965 111 121 03/12/09 I 17 18 U 19 U 20 U Remarks 2,LIIIIIIIJill Jill IIIIIIIIIIIIIIIIJill IIIIIIIII1116 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 CIA ---------------- -- Reserved —------- —----- ----- 67 I 169 70 U 71 U 72 U 73 W 74 751 I I. I I I Li Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) Scotty's Mobile Village 01:00 PM 03/12/09 01/10/01 Exit Time/Date Permit Expiration Date 2333 U.S. 221 Business Marion NC 28752 01:30 PM 03/12/09 04/12/31 Name(s) of Onsite Representative(s)lfitles(s)/Phone and Fax Number(s) Other Facility Data Steven Ernest Nanney/ORC/828-697-0063/ Larry Scott//828-659-1919/ Name, Address of Responsible Official/Title/Phone and Fax Number Larry G Scott,1344 U S Hwy 221 Nor Marion NC 28752//704-652-3997/ Contacted Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance Facility Site Review Section D: Summary of Finding/Comments Attach additional sheets of narrative and checklists as necessary) This inspection was in response to a report, from ORC Jaunita James, that a resident of the park had dumped kerosene in the collection system effecting the WWTP. I observed the odor of kerosene coming from the plant. The effluent was clear and the plant appearded to operating properly. Trash around the bar screen was evident. Clean up around the plant, scrapings on the ground, is required. The discharge pipe must be run to the recieving stream immediately. Name(s) and Signature(s) of Inspeptor(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-251-6208/828-251-6452 /Zoo�o� Signature of Management Q A Revie Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. 46 Incident Report Report Number: 200300449 Incident Type: Other On -Site Contact: Incident Started: 2003-12-08 11:00:00 First/Mid/Last Name: County: McDowell Company Name: City: Marion Phone: Responsible Party: Pager/Mobile Phone: First Name: Larry Reported By: Middle Name: G First/Mid/Last Name: Jaunita James Last Name: Scott Company Name: Owner: Larry G. Scott Address: Address: 1344 U S Hwy 221 North City/State/Zip: City/State/Zip: Marion NC 28752 Phone: Phone: (704)652-3997 Ext. Pager/Mobile Phone: Date/Time: 2003-12-08 11:00:00 AM Material Category: Estimated Qty: UOM Chemical Name Reportable Qty. lbs. Reportable City. kgs. Location of Incident: at WWTP i fiction Taken: Have inspected the facility 12/09/2003 at 1300 and operators are monitoring the compliance Report Created 12/10/03 10:22 AM Cause of Incident: kerosene is suspected to have been dumped into the collection system and has effected the operation of the WWTP 'omments: Page 1 N Incident Questions: Did the Material reach the Surface Water? Yes Did the Spill result in a Fish Kill? No If the Spill was from a storage tank indicate type. Containment? No Cleanup Complete? Unknown Surface Water Name? Estimated Number of fish? (Above Ground or Under Ground) Standard Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date Other Agencies Notified: Agency Name Phone First Name M.I. Last Name Contact Date DWQ Information: Report Taken By: RO Person Referred to: Additional Regional Contacts: Larry Frost Larry Frost Phone: (828)251-6208 Ext.288 (828)251-6208 Ext.288 Date/Time: Referred Via: Did DWQ request an additional written report? No If yes, What additional information is needed? Report Created 12/10/03 10:22 AM Page 2 JAMES & JAMES' ENVIRONMENTAL MANAGEMENT PO BOX 1354, MOUNTAIN HOME, NC.28158 OFFICE: (828) 697-0063 FAX: (828) 697-0065 I PERFORMANCE ANNUAL REPORT I. General Information Facility/System Name: SCOTTY'S MOBILE VILLAGE Responsible Entity: LARRY SCOTT Person in Charge/66tact: LARRY SCOTT .Applicable Permit(s): NCO069966 Description of Collection System or Treatment Process: Scotty's Mobile Village is a 10,000 gallon treatment facility with a bar screen: extended aeration basin, clarifier, chlorination, de -chlorination, and sludge holding. . 11. Performance A 'lip Text Summary of System Performance for Calendar Year 2003 James & James began operation of this facility in March, 2003. This Ustem is a very difficult system to'operate due to the ever -changing influent. The residents tend to dump whatever they need to dispose of from excessive grease to transmission fluid. The system has done well to have so few violations. List (by Month) any violations of permit conditions or other environmental regulations. Monthly lists should include discussion of any environmental impacts and corrective measures taken to address violations. Attach additional sheets if needed. March 1-6 - no data previous ORC'7ust quit coming"; April 2 - fecal >600, averaged compliant; July 2 -fecal >600, 9-fecal >600, averaged compliant; August NH3 monthly average 9.8,whhin 20%; September NH3 montly average 12.6, non -compliant; October 20-TSS 58.4, averaged compliant; November 24-fecal 530, averaged compliant; December 10-1301) 82.4, averaged compliant,18 TSS 77.1, 27 TSS 67.3, 31 TSS 67.3, monthly average 51.0, non -compliant -dumped on by kerosene @6100 parts in the influent James & James Env. Mgt s stem: Permi #: SCOTTY'S MOBILE VILLAGE NCO069965 Ill. Notification: A copy of this report has been sent to the Owner with directions to give notification . . of the availability of this report to each of their users. A certified statement will be sent to the State when this issue has been rectified. IV. Certificatign I certify under penalty; of law that this report is complete and accurate to the best of my knowledge.1 f further certify that this report has been made available to the users or customers' of the named system and that those users have been. notified of its availability. (please see below) i 1,certify that this. report has been.given to the Owner of this Entity with explicit . directions to make ,the user aware of the availability of this report and the. - location with whiah' a copy can be either viewed or received. James & James Environmental cannot certify that the latter has been completed and will enclose a letter of certification to be mailed to the State of North Carolina on behalf of this Entity along with all pertinent information regarding this system for the conclusion of this requirement. Juanita James/ James & James Environmental Management, Inc. Responsible Person Title Entity I` I i, �i 4/5/04 - Date 4p Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION November 3, 2003 - CERTIFIED MAIL — 7001 2510 0009 1126 4656 RETURN RECEIPT REQUESTED Mr. Larry Scott Scotty's Mobile Village 1344 U S Hwy 221 North Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION Permit No. NCO069965 Scotty's Mobile Village McDowell County Dear Mr. Scott: A review of Scotty's Mobile Village's monitoring report for August 2003 showed the following violations: Parameter Date Limit Value Reported Value Limit Type Nitrogen, Ammonia Total 08/31/03 8.5 mg/I 9.8 mg/I Monthly (as N) Average Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within ten (10) working day of receipt of this letter. You should address the causes of non- compliance and all actions taken to prevent the recurrence.of similar situations. If you should have any questions, please do not hesitate to contact Larry Frost at 828/251-6208. Sincerely, 7 04he orrest R. Westall Water Quality Regional Supervisor cc: WQ Central Files NOL7 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6749 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departmentftnment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 12, 2003 Larry G Scott Scotty's Mobile Village 2333 U S Hwy 221 North Marion NC 28752 SUBJECT: REMISSION REQUEST CIVIL PENALTY ASSESSMENT Scotty's Mobile Village McDowell County Permit No: NCO069965 LR-2003-0301 Dear Mr. Scott: This letter is to acknowledge your request for remission of the civil penalties levied against the subject facility. You will be notified when a decision is made concerning the request. If you have any questions, please call Robert C Farmer at 919-733-5083 Ext.5.31. Sincerely, 4r Coleen Sullins Deputy Director cc: Enforcement File #: LR-2003-0301 lAsheville: Rep-ional-Office-Supervisor Central Files JAM. AW. ' 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 w N DAMES & DAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX August 7, 2003 oleen Sullins '&k/ ater Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Larry Scott Scotty's Mobile Village Permit Number NCO069965 2333 US Hwy. 221 North Marion, NC 28752 "'t \J b1(y Re: Case No. LR - 2003 - 0301 Dear Ms. Sullins, DD 2003 DIV. OF WATER QUALITY DIRECT G % QFFIZ This letter is in response to your letter dated July 7, 2003. Please find below the explanation for the failure to submit and the enclosures for such. You will find the following attachments to this letter: • Attachment A - From Scotty's Mobile Village to Water Quality Services, Inc. • Attachment B - From Water Quality Services, Inc. to Scotty's Mobile Village • Attachment C - From Scotty's Mobile Village to the patrons As you will see in Attachment A, paragraphs 3, 4, 5, 6, 8, and 9, there were several times that issues arose between these two entities. These issues were a financial drain on Mr. Scott. Mr. Scott had been told verbally by the operator for Water Quality Services, Inc. that he had left the water hose on for the waste water treatment facility accidentally. He claimed responsibility for these actions. The company, however, did not accept responsibility and left Mr. Scott with the large financial burden (see paragraphs 4 and 5). Mr. Scott had been informed that Water Quality Services, Inc. were doing costly but unnecessary testing on the potable water. This oversight had been occurring for a two year period (paragraph 6). While it is understood that the testing was performed, the fact it was never needed placed additional undo financial burden on Mr. Scott. When Mr. Scott received the letter from Water Quality Services, Inc. ( Attachment B), he was very upset to find that his contracted service company had not filed the required paperwork as agreed upon in their contract. Since it was understood that there was a discrepancy in the amount due Water Quality Services, Inc., the fact that the company had not followed through on their signed contract angered Mr. Scott. While he understands, the final responsibility lies with him, Mr. Scott is not a certified operator and felt that he was hiring a qualified service company to handle this part of his mobile village. When James & James Environmental Management, Inc. began assisting Mr. Scott, it was determined that there was a tremendous amount of flow coming into the treatment facility. James & James worked with Mr. Scott to outline the possible problem areas. He found that there were several leaky toilets and faucets in the aged mobile homes. Herpersonally assisted the tenant with the needed repairs and within a short amount of time had greatly reduced the amount of water being pumped from the well and subsequently the amount entering the waste water treatment facility. James & James also discussed with Mr. Scott, the potential of an older collection system to experience I & I. Mr. Scott began an evaluation of all of the connections under the mobile homes and the connections from the service line into the main trunk line. Those areasthat were failing were replaced or repaired as needed. On August 1, 2003, after much of the work has been completed to reduce the amount of water wasted, he sent a letter to the patrons (Attachment Q. This letter is a reminder for those who were already there in the early siunmer months, and a forewarning to those who are newer. Mr. Scott is working diligently to improve the water and wastewater systems. He is striving to be conservative in the amount of water being used so that the waste water treatment facility can run at its optimum design. While this is an older park and there is much yet'to do, the time, effort and money that Mr. Scott has placed into this system indicates that, with some previous guidance, he would have done these repairs earlier. While we understand that finances is not typically a reason to remit a penalty, with all of the extenuating circumstances surrounding this failure to submit, we would beckon you to consider a remission at this time. Please note, that had a log book been presented to Mr. Scott, James & James would have submitted all that was possible for the month(s) of DMR's not received by the State. Thank you for your consideration in this matter. With highest regards, we are Very truly yours, Harry & Juanita James 881V/28V 12:37 M-659-101e SIMTTY'S HOMES PAGE 02 scorirsmomBs 2333.US221 NBUS AUNON, PVC 287S2 82f-dS9�1919 Mny 29, 2003 Wags Quality Servioes,.lne. RO. Hus 1102 ' Humv'Pik •NC 286M Attar Rusty T=iamd Dear RAwty. I aim is leccPt Of YWktim dined, May 14. 2002, in which you attest that I owe you SMi74 fOr Vxvi m&W fanned. YouF ietwr ab0 mica thstyou eu bolding £or mn�paymzof, two tmt hould•hsve beaasohnited in the $MO. How can you bW me whet yoU attest by yoW Own statm=t, without6W npmtsyaur sirfte bes not beds coaapletad4 Is On 3CvUW OC+mons. either die to nwjjgcm at mmpoMo = the patt.of ' Or yOW OMOYAU, th@ m ma Xis kdt rtz n4 f ff the emim wmke4 Thi6 . •d�amg senau} dtvu�rit'coaditiotu. oatniog anus problaRs aa�futaocia! wain. , or; tb�e �sy�f of ions,lmws bpwned up due to nGglig m 9D yW.patt. Tbcw - bidis bcropbtvad ia:thc of S?,iMM, S3,500:00.nd . ..: "tiit nf�iix v� the oA• 04 mwdm 0wAd0l%lbe vmil was pumped dry -due to yaw oeSlipwe. A ww wcU had " _:'ouT,e �t"lzod at s co�et+a1'Sy,500.(i0, 1'hils ward ig e.Qdet caysad by yws iaatklttiun is sa far ao tt*,Aow wow .%W c000tnw& JW-*oygmIWPOND4udyouWAMPQK$500-00awdwl fordommwas'forthe atuN vAAA 6q did dot-tegtere. l ways told by you that *ay wore and was. . ' billed by.you S12,Q00a)0 om titia.pwW *f icm *at dwFGm dlb ftK you dww h;vr know„ thm ef8m andl should trot We.hat* pay for gsaecesmy mviam dttt; to your U& ofbnnwledge a for your lk idt Nw. 20" 4taingaaTeladomMp dw.trettmem picot.o slloHMM1. dmi to • t•d S900-L69-828 '1WSWW 'AW3 83WUr R S3WUr diS=Zi Co LO 9nH w 68/07/2083 12:37 028-659-1010 S=Y'S HOMES PAGE 02 »loa, to fat io.to p tmoe, mwtiog in fines (twice) to the sums of SX,woo �mw il.S06.04.• Thm and many other short comings on the pact of you Md your oompaaY can be • &mmmo ed w" attested to by. the statc, otter compgnies and so= of .your ex. eMPOYM 82 WOU AS mY3df N d oih<ss. MY = is that you file rho two rope to the state. write your bdl o#F against the Wm-d atYft,tuty cu,sed me and &rget it 'f y" camuiaue to pumno taus a cause me f "bw hwoavianoe, i will have no axame boa to Line it to aomt 7 IAM G ScOW- oo; l,aM Fr" K BYam, Atepw :2•d1 eenn-ia4-a2w ' 1WnUW 'AW79 S3W61C R 93Wur diS:al EO Lo 2nd SCOTTY's FCKS PAGE 1/07/2063 12:37 M-659-1010 wo. VIA= We 1=2 T"MAMIC IIWYs P.O. SOX 1102 BANNER FIX, NC 28"4 M #28-""Z" PAX W-8984m May 14,2M2 mawm." Asy=Ml-, civwsW*wcmwvsW,onAPpft the I il23.2003- ose .6bipmem -" womilumum— �o aavd tD Wkw Qnft SwrjoM I= Gwq* ly*aiiy #. 2W3 Was to WSW <?aft 3wviw4 � Al the o0omebrmq ym owed SM2.74 for m eica we pm*omXL Plok .."am *oUe awm- -d"wv m halfts fqwugw.vpo lotmimbpms to -phi Ewe f1mma.- PWMNL law. We wA m*m dmc UPQMai 00-08 you bMPM WWr lf)w W".ww.qmWGK ohm do od bmk" to wttkd W- ROIWTIMMOnid ryLLn C-ellr) kav�e ci� ATE OF NORTH CAROLINAft DEPARTMEN NVIRONMENT AND NATURAL RESOURCES COUNTY OF McDOWELL LARRY G. SCOTT 1N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND SCOTTY'S MOBILE VILLAGE ) STIPULATION OF FACTS PERMIT NO. NCO069965 ) FILE NO. LR — 2003 - 0301 Having been assessed civil penalties totaling $1,100.00 for violations) as set forth in the assessment document of the Division of Water Quality dated July 7, 2003, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the '7` day of A iA_auc,4 , 20 �3 SIGNATURE ADDRESS ;J Abi' Z. c� 3 '3 DSyyi-r Nc:r+h X06 NC QRJ S TELEPHONE $28 - 659 -19.19. I/WE, STATE OF NORTH CAROLINA Department of Environmental and Natural Resources Water Quality Section 59 Woodfin Place, Asheville, NC 28801- 828/251-6208 File Access Record FACILITY NAME �COUNTY A1 (print nam /s) c have been provided. (print name/s) access to the above -named file by personnel of the Water Quality, Section. I understand that this statement shall be made a permanent part of'any file which is viewed -under the'Freedom of Information provision of,the North Carolina General Statutes. (signature)' (signature) name/1n1L1a1s o= VV52 �jLuI-i iucuwci permit number (date) (date) 14:46 828-659-1010 SCOTTY'S HOMES PAGE 01 SCOTTY'S HOMES 1344 HWY. 221 • _, MARION, N..C, 28752 ES: SALES: (828) 659-1919 FAX: TO: DATE: RAGES: COMMENT i Lit Z/� ,r THANK . YOU: U 07/30/2003 14:46 828-659-1010 SCOTTV'S HOMES 1 ' Attention, iz a 0 &y riotice. on am he well ;CRY I SIR � NO t be t t t' `v 'i++o i 'i m r `� w mmth 14: 46 828-659-101-0"' SCOTTY'S HOMES' 2333 M 221 N BUS 414MON NC 828-659-491928752 WY 29,2003 WaW Quality Services, Inc. P.0i Rox 1102 Her F-k,NC- 28604 AM- RuW Tw=el PAGE 03 De4r Rusty-. I= in receipt ofyoUrloftr dated, Ma_ �.y 14,2002, in WWQhYoU4#Cst:6AI owe you.. $8732,74- for 4ePA0Q$,pabrwed.. YOM, ktWr 3180-'sW[*that youare holding for WWWYMM TWQ mports thU should }Ave bWASOMWed- to the state. How can you bin me when you attest by your o" state nt, me that Withpla thw,,fewm your scrvicehas not been completed? lit ackudox, on several occasions, either duo to ne9ljgCnqe or incotap0mce on the part of yo=etfor your employces; the water was left running for the entire weekend. This dWq&*Q0WAU0RS, Coring serio.uS.Probjem and fff=60 strain, These T.AQ off Qr•di}uipinenfi. 04 wft; 00043ion.1he W.etl Was, pwzNd dr Aucwyour peggoucq.. AmweIt had 4k:4S.* Oow.motcr was oonwmed. Y= 1*..W).Wl3cd, and you were paid,, $500. 00 WoUthly'for 400=0#'for the � Wki0h they did not require. I WW4014 by you tbat'they were EggWW and was hillw by.Y04 $14100.00 over ibis Period oftime.. ei ft Pwfossiowl in this field, YOU Should have known these WN and I should riot buy* Wd W PW for umecwsuy services due to your tuck of knowledSo or for your In "'09% 2,times 4"Ing,our -relaoonship the treatpp W Vt pjant.wa�.s allowed, edL due3o 07/30/2003 14:46 828-659-1010 SCOTTY'S HOMES- iIIAUPOM to get•.in.to.nort-compliance, resulting in fines (twico) to the sums of 1, O.QQ and WON: 'lhhese and nvAy other short comings on the pvt of you and your company can i 40CUM*W an&or attested to by. the slate, other compawes and soma of your ex eboplpYM as well 4S myself and others. My sugg t OR is that you file the two repnM to the state, write your bill off againg the Josm. tbAtyoq.bWe'.Q=seA me. and fort it. Ifyou,confinue to, pursue tWs or cause me further inconvienco, I wtH hay e uo recome but to t it to court. Sincerely . m T. S cc: Lany Frost Wa(ie Knox UP ]Pnus, .Aupy 14:46 828-659-1010 SCOTTY'S HOMES PAGE 05 •9 1522 TYNECASTLE HWY., P.O. BOX 1102 BANNER FIX, NC 28604 Pit 828-898-6277 FAX 828-898-6255 May 14, Z002 Dear Larry Scott, As you are awaM we sold our company on April 23, 2003. Per the Buy/Sell Agre=04 all moa*s owod to Watt Qaality Scrvices, Inc. through l?'eb=uy 28, 2003 belong to 'Water Quality Services, Inc, AAt the and of f-d gum You owed $8732,74 for services we p!�dormed, Please submit payment to us for the . • . • • 'aznouttt abey�. • , Plamo alaa W aware that• we are holding reports tit uged to be. s0vutted to the State for nc a» r< a Pamalt ft staff icoares aware that they do twt these reports, they can fine you up to . , $lii;UOo.S�t? g X z�an- npliauce. We WM aTlew, these lvports as siw-os you lave paid Water Qualii�r Serves, Ivy. fa, If y,m baw.e any •Alttestim. please do not hesitate to contact me, v 0 Smcerdy, to . i . R ' .,*��; � .: , . �v��xYi� Sl�l5t.V1C>rs: •, • CONSULTfMIUANSJ�t1J(:Tl'1tliq I � PERATIONSXMTENANGE,MIoNITOXING AND REFORTIN( OF WATER AND WA5TEW0ERTR.U=NT SYMMS. ' . . •."� $T&N'ATE[t AIVD 1'OTABI,E'yS'AI'Rlt STAT6,�tT�'I�D 1.A1iO3�1TORY��YAL'1�"SJiS. �:� • ' '' (� /a%�' �` Michael 1*1y,Govemor William G. Ross Jr., Secretary North.Carolina Department of Environment and Natural Resources rAlan W. Klimek, P. E. Director >_ Division of Water Quality a ^� Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION July 7, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry G Scott 1344 U S Highway 221 North Marion, North Carolina 28752 SUBJECT: Notice of Violation and Assessment of .Civil Penalty for. Violations of North Carolina General Statute (G.S:) 143- 215.1(a)(6) and NPDES. Permit NCO069965 Larry G. Scott Scotty's Mobile Village . �} Casq No. LR — 2003 - 0301 Mc - owell County Dear Mr. Scott:. This letter transmits a Notice of .Violation and assessment of civil, penalty in the amount.of $1,100.00 ($1,000.00 civil penalty + $100.00 enforcement costs) against Larry G. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott for the month of January 2003. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0069965. The violations which occurred in January 2003 _ are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G. Scott viol ated'&&'' * terms, conditions or requirements of NPDES Permit NCO069965 and G.S: 143-215,1(a)(6) in the manner and extent shown in Attachment. A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Forrest Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott: 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 $ 1,000.00 For 1 of the 1 failures to submit monitoring reports or portions of monitoring reports in violation of NPDES Permit No. NC0069965. $ 1,000.00 $ 100.00 $ 1,100.00 TOTAL CIVIL PENALTY Enforcement Costs 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. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was 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: Submit payment of the penalty: 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 t� Customer Service 1-877-623-6748 s . Payment should be maae'ectly to the order of the Departri'Ouc<<­.,.,- 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: Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. 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 the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you -believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) was wrongfully 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 a 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. Please submit this information to the attention of: Coleen'Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service' Center Raleigh, North Carolina 27699-1617 DENR 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 . Customer Service 1-877-623-6748 Please note that ai�_,.-.f�o�rmation presented' in support of a Iequest for remission must be submitted in writing. The Director of the Division of Water -Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. Me: 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter., you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 11 67.14 Mail Service Center Raleigh, North Carolina 27699-6714 r Mail or, hand -deliver a copy of the petition to Dan Oakley General Counsel Department of Environment and Natural Resources. 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Failure to exercise one of the options above within th rty 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. Larry Frost at (828) 251-6208. rri Westall Water Quality Regional Supervisor Asheville Region Division of Water Quality AFA NIC-DW 59 Woodfin Place' Asheville, North Carolina 28901 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 ATTACHMENTS cc: Larry Frost w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments James and James Environmental 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 25176208 Fax (828) 251-6452 Customer Service 1-877-623-6748 STATE OF NORTH CARbca'4A DEPARUrr VT"OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF McDOWELL LARRY G. SCOTT IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST SCOTTY'S MOBILE VILLAGE PERMIT NO. NCO069965 WAIVER OF RIGHT TO AN. ADMINSTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LR — 2003 - 0301 Having been assessed civil penalties totaling $1,100.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated- July 7, 2003, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.' The undersigned further understands that all evidence presented in support of remission of this civil penalty must be -submitted to the director'of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE Cam 59 Woodfm Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 ATTACHMENT A Larry G. Scott CASE NUMBER: LR-2003-0301 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Reporting Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT _ PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $1,000.00 1-2003 . 03/03/03 Late/Missing DMR 4- DWQ — WATER SECTIO Case Number: LR 2003 — 0301 Region: Asheville County: McDowell Permit No.: NCO069965 Assessed Entity: Larry G. Scott As required -by G.S. 143-214.6A(c), in determining the amount of the penalty I considered the factors set out in 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 the private property resulting from the violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage; 5) The amount of money saved by non-compliance; 6) Whether the violation was 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. r orrest Ff. Westall, Water Quality R gional Supervisor DWQ — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION Amount Reduced: () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; Notes: () Whether the violator promptly abated continuingenvironmental damage resulting from the violation; Notes: () Whether the violation was inadvertent or a result of an accident; Notes: () Whether the violator had been assessed civil penalties for any previous violations; Notes: () Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Notes: Date Alan W: Klimek, P.E. NCE) M 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 WAS Michael F. Easley, Governor `O��F F1 IQ.�. William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER QUALITY SECTION July 7, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry G. Scott 1344 U S Highway 221 North Marion, North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) and NPDES Permit NCO069965 Larry G. Scott Scotty's Mobile. Village. Case No. LR —.2003 - 0300 McDowell County Dear Mr. Scott: This letter transmits a Notice of.Violation and assessment of civil penalty in the amount of $1,100.00 ($1,000.00 civil penalty + $100.00 enforcement costs) against LarryG. Scott. This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott for the month of February 2003. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found .in NPDES Permit NC0069965. The violations, which occurred in February 2003, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G. Scott violated the terms, conditions or requirements of NPDES Permit NCO069965 and G.S. 143-215.1(a)(6) in the Manner and extent shown in Attachment A. In accordance -with the maximums established by G.S. 143-215.6A(a)(2); a civil penalty may be assessed against any person who violates the terms, conditions or requirements of'a permit required by G.S. 143-215.1(a). -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, Forrest Westall, Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott: MOM 59-Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 $ 1,000.00 For 1 of the 1 failures to submit monitoring reports portions of monitoring reports in violation of NPDES Permit N NC0069965. $ 1,000.00 $ .100.00 $ 1,100.00 TOTAL CIVIL PENALTY Enforcement Costs 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. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was 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: 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 MOOR Customer Service 1-877-623-6748 1.'' Submit payment of the natty: N 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: Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. 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 the assessment letter. 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 there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282,1(b) was wrongfully 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 a 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. Please submit this information to the attention of: Coleen Sullins Water Quality Section Chief Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 Please note that all information resented in support of a' re nest for remission must `be — P Pp q submitted in writing. The Director of the Division of Water -Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. OR 3. Submit a written- request for an administrative hearing: If you wish to' contest any statement in; this assessment letter, you. must request an administrative hearing. This. request must be in the form of a written petition,to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Dan Oakley General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 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. Please be advised that any continuing violations) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. Larry Frost at (828) 251-6208. 7 7 (D e) Jf -,/ zllz_.,�f 0 Aorrestest I ,110 Water Quality Regional Supervisor Asheville Region Division of Water Quality AMA 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 ATTACHMENTS cc: Larry Frost w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments James and James Environmental r_6E 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 STATE OF NORTH CAROLINA DEPARTME T OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF McDOWELL LARRY G. SCOTT IN THE MATTER OF ASSESSMENT. ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND SCOTTY'S MOBILE VILLAGE ) STIPULATION OF FACTS PERMIT NO. NCO069965 ) FILE NO. LR — 2003 - 0300 Having been assessed civil penalties totaling $1,100.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated July 7, 2003, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality with thirty (30) days of receipt of the notice of assessment.. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of SIGNATURE ADDRESS TELEPHONE 20 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 ATTACHMENT A Larry G. Scott CASE NUMBER: LR-2003-0300 PERMIT: NCO069965 FACILITY: Scotty's Mobile Village COUNTY: McDowell REGION: Asheville Reporting Violations MONITORING OUTFALLI VIOLATION UNIT OF CALCULATED % OVER PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE $1,000.00 ' 2-2003 03/31/03 Late/Missing DMR r s CTION AWIL PENALTY AS: Case Number: LR 2003 — 0300, Region: Asheville County: McDowell Permit No.: NCO069965 Assessed Entity: Larry G. Scott As required by G.S. 143-214.6A(c),.in determining the amount of the penalty I considered the factors set out in G.S. 14313-282.1(b) which are: 1) The degree and extent of harm to the natural resources of the State, to the public health, or the private property resulting from the violation; 2) The duration and gravity of the violation; 3) The effect on ground or surface water quantity or quality or on air quality; 4) The cost of rectifying the damage;. 5) The amount of money saved by non-compliance; 6) Whether the violation was 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 forcement pr cedures 15�d e Forre t R. Westall, Water Quality Regional Supervisor DWQ — CIVIL ASSESSMENT REMISSION FACTORS CONSIDERATION' Amount Reduced: () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; . Notes: () Whether the violator promptly abated continuing environmental damage resulting from the violation; Notes: () Whether the violation was inadvertent or a result of an accident; Notes: () Whether the violator had been assessed civil penalties for any previous violations; Notes: () Whether payment of the civil penalty -will prevent payment for the remaining necessary remedial actions. Notes: Date Alan W. Klimek, P.E. �GDEL 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 JAMES & JAMES ENVIRONMENTAL MANAGEMENT, INC PO BOX 1354, MOUNTAIN HOME, NC 28758 (828) 697-0063 OFFICE (828) 697-0065 FAX July 13, 2003 Larry Frost Department of Environment and Natural Resources _Division of Water Quality_ 59 Woodfin Place Asheville, NC 2881 Scotty's Mobile Village Larry Scott 1344 U S Highway 221 North Marion, NC 28752 Dear Mr. Frost, This letter is in reference to the letter received by Mr. Larry Scott of Scotty's Mobile Village dated July 7, 2003. Please accept this letter in reference to this facility. Mr. Scott has been working diligently to replace all the boots connecting the mobile units service lines to the main trunk line. He also has inspected all of the connections under the units to insure that they were properly attached. He has walked all of the lines to locate any ponding that may be on the surface of the ground to prevent any obvious I & I. This season has been exceptionally rainy. During these rain events the flow at the treatment facility increases. During this increase the detention time in the chlorine contact tank is reduced so as to not allow for a complete disinfection of the wastewater. This is the case on 4/30/03 in regard to the fecal coliform. James & James and Mr. Scott are working together to locate places or situations of concern in an attempt to remedy this problem. Please remember that the flows for March and April were recorded from the well readings. This reading does not allow for consumption, car washing, leaks, etc.. At this time, this was determined to be the safest way to monitor the flow. Since that point, we have changed to the 5 gallon/5 minute method for flow. Thank you for all the information regarding the operation of this system that you have shared with us. It has helped James & James in starting the new operation of this facility. If you have any additional history of this system we would welcome your information. With highest regard, we are C U"_ Harry Juanita James Ai N Micha I asley, Governor William G. Ross Jr., Secretary .� North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Asheville Regional Office WATER WALITY SECTION July 7, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Larry G. Scott 1344 U S Highway 221 North Marion, North Carolina 28752 Subject: NOTICE OF VIOLATION Permit No. NCO069965 Scotty's Mobile Village McDowell County Dear Mr. Scott: A review of Scotty's Mobile Village's monitoring reports for March and April 2003 showed the following violations: Parameter Date Limit Value Reported Limit Type Value Flow, in conduit or thru 03/31/03 0.01 mgd 0.014 mgd Monthly Average treatment plant Exceeded Flow, in conduit or thru 04/30/03 0.01 mgd 0.011 mgd Monthly Average treatment plant Exceeded .Coliform, Fecal MF, M- 04/30/03 400 #/100ml 600 #/100ml Daily Maximum FC Broth,44.5C Exceeded Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 30 days of receipt of this letter. You should address the causes of non- AZY CO 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 Larry G. Scott July 7, 2003 Page Two compliance and all actions taken to prevent the recurrence of similar situations: If you'should have any questions, please do not hesitate to contact Mr.. Larry Frost at (828) 251-6208. Sincerely, orrest .' estall Water Quality Regional Supervisor xc: Larry Frost x%K' James and James Environmental 59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748 United States Environmental Protection Agency _ Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 I Ni 2 1 5 U t 31 NCO069965 111 121 03/05/08 117 18 ICI 19 I c I 20 Lj LJ U Remarks 21111111II11111II1 IIIIIIIII IIIIIIII III IIIII11111166 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA ------------------ ------- Reserved -------- ----- ----- -- 72 LNj 73 I I 174 751 67 I 169 70 L,J 71 lixj I I I I I 80 Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 09:30 AM 03/05/08 01/10/01 Scotty's Mobile Village Exit Time/Date Permit Expiration Date 2333 U.S. 221 Business Marion NC 28752 10:00 AM 03/05/08 04/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Steven Ernest Nanney/ORC/828-286-0523/ Larry Scott//828-659-1919/ Name, Address of Responsible Officiairritle/Phone and Fax Number Contacted Larry G Scott,1344 U S Hwy 221 Nor Marion NC 28752//704-652-3997/ Yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance Facility Site Review Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This inspection was in response to a complaint. The complaint stated that solids were being washed out of the plant as a result of inflow into the collection system. I met with Harry and Juanita James and Larry Scott. There were no solids being discharged from the WWTP at the time of the inspection, however, the sludge had a very yound appearance. The sludge settled well. The owner Mr. Scott was warned taht the collection system needed immediate attention. Mr. Scott was aware of the problems and (cont.) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date Larry Frost ARO WQ//828-251-6208/828-251-6452 / r Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date a� EPA Ford' 3560-3 (Rev 9-94) Previous editio4s are obsolete. NPDES 31 NCO069965 111 l yr/mo/day 121 03/05/08 117 Inspection Type 181C1 (cont.) 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) promised to correct them as soon as he could. State of North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor. Alan V. Klimek; P.E., Director - Division of Water Quality' Asheville Regional Office N 4-RU A41f NCDEN NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION `March ,17, 2003 Mr. Larry G. Scott Scotty's Mobile Village 2333 U.S. Highway 221 Business Marion, North Carolina 28752 : Subject:, Notice of Violation Scotty's. Mobile Village — Wastewater Treatment Plant NPDES Permit No. NCO069965 McDowell County Dear Mr. Scott: -On March 3, 2003 Mr. Larry. Frost, of this Office, received a phone message from Mr. Morris "Rusty" Trammel, the owner of Water Quality Services and backup Operator in Responsible Charge (ORC) of your facility. Mr. Trammel's message informed Mr.Frost that he (Mr. Trammel) was no longer providing service to your facility including ORC and backup ORC. He further informed Mr. Frost that the ORC, Mr. David Coble, had stopped by the plant on March 3, 2003'to retrieve the log book and discovered someone had contaminated the facility with what appeared to be "red paint and paint thinner" and was "blowing solids". On March 4, 2003 Mr. Frost inspected the facility and discovered the plant indeed was losing solids over the clarifier and there was a strong solvent odor to the plant. Mr. Frost immediately informed you, in person, of his findings and arranged for Mr. Kevin Barnett of this Office to pull compliance samples on March 5, 2003. The inspection report is attached for your records. The results of the compliance sample will be forwarded once they become available. Furthermore, Mr. Frost informed you that both the lack of ORC, backup ORC and the problems with the plant were all violations of your NPDES Permit conditions. Based upon the above facts, I - conclude as a matter of law that you have violated the terms, conditions and requirements of your NPDES Permit Number NCO069965 as required by North Carolina General Statute 143-215.1(a). In order to minimize your exposure to enforcement proceedings you should, immediately; Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 Phone: 828/251-6208 Fax: 828/251-6452 An Equal Opportunity/Affirmative Action Employer — 50% Recycled\l 10% Post Consumer Paper N M Mr. Scott March 17, 2003 Page 2 • Employ an ORC and Backup ORC for your facility. • Take all actions that are necessary to bring your facility into complete permit compliance. • Report all facility non-compliance issues to this office. Finally, should you have any question regarding the inspection or the information included in this notice of violation please contact Mr. Larry Frost at (828) 251-6208. Sincerely, Forrest . Westall Water Quality Regional Supervisor xc: James and James Environmental Larry Frost Asheville Regional Office, 59 Woodfin Place, Asheville, North Carolina 28801 . Phone: 828/251-6208 Fax: 828/251-6452 An Equal Opportunity/Affirmative Action Employer — 50% Recycled\110% Post Consumer Paper. 00 N United States Environmental Protection agency Form Approved. EPA Washington, D.C. 20460 OMB No. 2040-0057 Water Compliance Inspection Report . Approval expires 8-31-98 Section A: National.Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 20 L,JN C NC0069965 03/03/04 1 ^U 11 18 IL Remarks 211 1111111 11111111 11111111111111111 11.1 1111111111166 Inspection Work Days Facility Self -Monitoring Evaluation Rating 61 QA ---------Reserved------- 67 1 1 69 70 L,J 71 , 72 LJ 73 I f 74 751 I f I I I I 180 Section B: FacilityData Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include Entry Time/Date Permit Effective Date POTW name and NPDES permit Number) 04:00 PM 03/03/04 01/10/01 Scotty,s Mobile village Exit Time/Date Permit Expiration Date 2333 U.S. 221 Business Marion NC 28752 05:00 PM 03/03/04 04/12/31 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data Larry Scott//828-659-1919/ Name, Address of Responsible Official/Title/Phone and Fax Number Contacted Larry G Scott,1344 U S Hwy 221 Nor Marion NC 28752//704-652-3997/ yes Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Operations & Maintenance Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) This facility consists of 0.01 MGD WWTP with Bar Screen, Aeration Basin, Clarifier with Sludge Return, and Chlorine disinfection and Dechlorination equipment. On 3/3/03 I recieved a phone message from Mr. Morris "Rusty" Trammel, Owner of Water Quality Service Inc. and backup ORC of this facility. The message informed me that he (cont.) Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date l Larry Frost ARO WQ//828-251-6208/828-251-6452 3 t Signatur nageme t Q eviewer Agency/Office/Phone and Fax Numbers DZ714,-? r EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. N M NPDES yr/mo/day Inspection Type (cont.) 31 NC0069965 111 121 03/03/04 117 18 I s ( Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) and his company were no longer affiliated with this facility as of midnight 2/28/03. Furthermore, he added that one of his operators had visited the plant on 3/3/03 and it appeared that someone had dumped paint and paint thinner in the plant and it was "blowing" solids. I visited the plant on 3/4/03 and verified that the plant had been contaminated with some sort of solvent and was indeed losing solids. The effluent was white in color and had a distinct odor of volitile organic compounds. I informed the owner Mr. Scott that he was in violation of his permit by not having an operator (of which he was unaware) and was not meeting permit effluent limits. I also informed him that his plant needed immediate attention; removing the contaminates, reseeding and bring the plant back into compliance. On 3/7/03 Mr_ Scott contracted James and James Environmental to be ORC and I was assured the operation and maintenance requirments of this facility would be met. Compliance Samples were taken by Mr. Kevin Barnett on 3/5/03 and the results will be forwarded when available. 03 04:27p MR*MRS HARRY JRMES' 8286969738 James & James Environmental Management, Inc. PO Box 1354, Mountain Home, NC 28758 - Office: (828) 697-0063 Fax: (828) 697-0O65 Recipient;, �-rasf b company: Fax Number: ;is t - 6, �ISa �i Voice Number: Date: 3 h i 10 3 Time: i-3 2"1 Total No. Pages.4 pa%Eo Sent By: Q Message: rc �qtO d. �E in p.l 7 Mar 11 03 04:27p 'MR*MRS HARRY JAMES PLANT: JCo " S &If LIFT STATI43N IN COLLEC 1. both pumps operational 2 alarm light visible 3 alarm audible hearable 4 grease visible ant 5 floats clean 6 lid fastens securely 7 contactors working 8 float switch working 9- tighten electrical screws 10 breakers working _ 1 diffusers with proper roll / 2 side walls clean 3 trash dipped out ✓ 4 MLSS level amt., 5 30 min. SS amt. — 6 grating safe - ✓ 7 sludge return lines okay #D 8 skimmer lines okay ay DO's amt. 10tpH amt. 1 flow dMided :equal 2 side walls clean 3 is it level 4 aratinq safe 1 solids build up 2 tube feeders fuctioning 3 is chamber level 4 pH amt. 5 c12 amt. 1 blanket visible 2 Wer balanced 3 sludge on top of water 4 baffle. holding solids 5 grease visible amt—L, - .(f 6 scraped 7 sludge return operational 8 skimmer operational 9 water clear 10 side walls clean 1 solids build up 2 -grass / leaves on beds 3 sand healthy 4 piping level and functioning . .• Rals"ONNNNN WARM T 8286SG9738 DATE REVIEWED: FACILITY OVERVIEI DIGESTERS - i diffusers operational 2 return line un-blocked 3 airlift operational 4 are tanks leaking 5 is there splash over MOTORS / BL0WbHZ:i 1 belts tight 2 greased when 3 oil change when •� 4 oil level now 5 motor base clean 6 belts in alignment 7 air filter clean 8 amp rating I l9. to 9 draw rating 13 10 check valves holding 11 melts warn .�.12 both sets operationa�_ 1 chart recorder paper 2 chart recorder pin 3 sludge under floats 4 float hanging properl 1 are motors to alternate 2 do motors alternate " 3 time dock operational 4 contactors okay 5 breakers okay 6 are wires shorting out 7 screws tight on wiring 1 is trash removed. 2 grass cut. or sprayed 3 water hose rolled up 4 overgrowth on fencing 5 does plant need painted 6 sludcle splashed on grOL 1 is diffusers functioning 2 is level acceptable 3 both pumps functioning 4 is there sand build up 5 BAR GRATE CLEAN i�� Comments: f , avt z �uST L�'1V1 'iC. itiA}Lir 11�+SOS 6 L3G ,m�.� � z bctd t � a a�i� •rtQ,l� �tr r•i-�ni,•el 11 h�"]( I"J► ilk t/Yhd2/1•R�_ ��i FOR STEVE TO CHECK 03 04:27p MR*MRS HARRY JAMES. 8286969738 p.3 Swage spilt ge2pogse Waluation: 1. ;� } i Perrnittee �, ' s AlWWTP 2. Permit Number J'. tntmtr fir, w I 1 3, lnckkmt Started: (dAte l - a' in.Cldmt idatenk" OF Spill Is ol7$ilkW, no"F, WAR yes oft a dOW bvs[s er 0 $M CM 00 stopled.! S- SOArCe Of Sp-i"W38 "$WItWV 5"Gr _—PUMPStation ✓yywrp 6. l ever ar tr ait: --MUD Apr TM Secondary art —chlorination only other" upsetcondwonsk_L 1 �;, 7. Estimated volume of q$WpMM .� 0. = ipiions - �i,l gallons 2,000 g7fNpNtR .. �/ > 2.WD qW948 B: Estimate volume in nearest 1,WD gaftn ancrnam" 9.. Did SpoUby'nass reach WjNaft wabW y4S Vv e n+ Swarnpy 10- if yes. list the volunke raven® surf wa7 x.dOR pRllons a''ea . 5s 07-.1,000 9211 13"1. 0-✓ Sao ttalmns >2, daldens 11. if yes, estimate Volume in dffrat j.OW prl " lncremensy n k rLrw r) 1e 2r. Name off/ sjurf2ceVwwatierQ� sl or,� .,U�, v�i o W- laid .S�i%+s� Pws i eS W In i`!kt? s4_ If yes, witat is me a vvs �..>go 15. Location 'of �d �' d!f fish SPe� Came ol: so-Ill/bi/pa _ki 17- Did you have personnel avauft to Inn re sof on initfail asseSsMent 24 hours a day sincludino weekends and h sl? --.Yes 78. llnw long did it take to V=ke an bdW after first knowledpe2 of the splll%2Dtterf�r �� h�. - minateS 99 Nov► Iona slid It take to ®et a ropairOww ons tie? 1'1z uuMAR 13 2003 ��p Mar 11 03 04:28p MR*MRS HARRY JRMES 82SG969738 Sewage Spill ReWonse Evaluation (page 2) Please exrtatn me thne tamn i* s. AA.. .0 ,._..i- _. r 21. ACUUM taken to relmedifte the site: 22. were the equipment andfOr P" needed to Quake M OS r8ddity avaita516? v' YeS _ No. 23. if no. please exphdn why:..l�L .-- i4.' if me s l-Wovernow 0000MN at D PUM 8"UOn Or was the restdt of a Pump station faitw% was the at" tiY$ N I fk=0011101 at the tittle of the SPUl? Yes _ No N 1 25, Ifthe atann systems (lid not fuftWn, 9*859 ex0vin why; 26. ahe W"rJft bade WWSIAW- web! Tentiori" ' .,If the repairs are terrmorwy, p%wa hWftaft by wint date a permoment repair +nit be Con letmd and n t*V the XeUkMW OfEke within 7 days of the permanent repair. tdaf.3 of 27. Describe what repairs ere fie: 28. comments_ 29. outer agencies notifled: 3o. person reporting sPIUM Phone # 828- MINA This section for siw0 Use OniY: oral report taken by: Report taken on Nate)- tiw0 requested adeawnai written repom Yes no IF yes, what additionai lrfi WMXftn is h*""? Pieria send this report tot AstlevM 118gk , office; XCDVSK4yWq_Vv9 Section Phone: S28MI-6208 Fs= 828/2SR-M2 After hours, weekends, or hoildays, CaW 1-800458.0368 DEC 1 0 2002 Annual Wastewater Treatment Plant Report Mobile Village NPDES #: NCO069965 Date: 2/11/02 I I F E B 1 8 2002 U:.::R - Yt` ,' ER UAL111' We are pleased to present to you this year's Annual Wastewater Treatment Plant Report. This report is designed to inform you about the quality of the wastewater we discharge to the receiving waters every day. Our constant goal is to protect the environmental waters of North Carolina. We want you to understand the efforts we make to continually improve the wastewater treatment process and protect our water resources. We are committed to ensuring the quality of the receiving waters that we discharge to. If you have any questions about this report or concerning your wastewater utility, please contact Morris Trammel at (828) 898-6277. We want our valued customers to be informed about their wastewater utility. Let us first take this opportunity to give you a brief description of the Wastewater Treatment Plant. The waters that go down the drain, follow many different pipes, and ends up at the treatment plant. The wastewater goes through a bar screen that stops large particles that are present (i.e., rags and papers). The water then goes to an aeration basin where air is pumped into the water. This air supplies oxygen to bacteria that feed on the solids that are in the water. The water then goes to the clarifier where the solids settle out. The solids are pumped back to the aeration basin to give the bacteria a second chance to feed. When there are too many solids in the plant, some of the solids are pumped to a digester tank. In the digester, the bacteria have more time to feed on and reduce the solids' volume. When the digester gets fiill, the solids are pumped from the tank and taken to a larger facility. The clear water from the clarifier then goes to a tank for disinfection. The two most prominent ways to disinfect the wastewater are chlorine and ultraviolet light. Chlorine can be used as a gas or in solid tablet fonn. When chlorine is used, there is generally a dechlorinating agent use to remove any excess chlorine from the wastewater before it goes to the receiving water. When ultraviolet light (UV) is used, the wastewater flows around the UV bulbs. Bacteria can not live when exposed to UV light, so as the water passes the UV bulbs, the water in disinfected. Finally, after disinfection, the treated wastewater goes into the receiving waters. W_" PERFORMANCE The treatment plant did very well last year. For the whole year, the plant was non- compliant for only nine days. Granted, being compliant for all 365 days is the goal; some circumstances can not be prevented. These non-compliance's were for daily maximum limits, and the treatment plant was in compliance with its monthly average limits for the entire year. The treatment plant was in compliance for February, July, August, September, October, November, and December. In January, the plant had a daily maximum non-compliance's for TSS and two daily maximum non-compliance's for fecal colifonn. Some solids got wash into the chlorine contact chamber and out into the effluent. The solids were pumped to the digester, the chlorice was adjusted, and the plant was back in compliance by the very next samples. In March, the plant had one daily maximum non-compliance's for fecal colifonn. The chlorine was adjusted, and the plant was back in compliance by the very next samples. In April, the plant had a daily maximum non-compliance's for BOD and fecal coliform. Some solids got wash into the chlorine contact chamber and out into the effluent. The solids were pumped to the digester, the chlorice was adjusted, and the plant was back in compliance by the very next samples. In May, the plant had two daily maximum non-compliance for fecal colifonn. Some solids got wash into the chlorine contact chamber and out into the effluent. The chlorine was adjusted, and the plant was back in compliance by the very next sample. In June, the plant had one daily maximum non-compliance's for fecal colifonn. The chlorine was adjusted, and the plant was back in compliance by the very next samples. NOTIFICATION This annual report has been sent to the North Carolina Division of Water Quality and to the owner of the wastewater system. The wastewater system owner has also been given a letter that they can easily distribute to all their customers. The letter will inform the customers that the annual report is available upon request to the owner of the system. CERTIFICATION I certify under penalty of law that this report is complete and accurate to the best of my knowledge. I further certify that this report has been made available to the users or customers of the named system and that those users have been notified of its availability as per the NOTIFICATION section above. Paul Iseifliour Date Laboratory Supervisor Water Quality Services, Inc. I k F warF' O �Q Michael F. Easley, Governor William G. Ross, Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director 0 Division of Water Quality ' Asheville Regional Office WATER QUALITY SECTION September 17, .2002 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Lary G. Scott Scotty's Mobile Village 2333 U.S_ Highway 221 Business Marion, North Carolina 28752 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit NC0009&6 Larry G. Scott — Scotty's Mobile Village Wastewater Treatment Plant (WWTP) Case No. LV 02 427 M Dowell County Dear Mr. Scott: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $350.00 ($250.00 civil penalty + $100.00 enforcement costs) against Larry G. Scott — Scotty's Mobile Village WWTP. This assessment is based upon the following facts: 'a review has been conducted of the discharge monitoring report (DMR) submitted by Larry G. Scott — Scotty's Mobile Village WWTP for the month of May, 2002. This review has shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit-NC0069965. The violations, which occurred in May, 2002 are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Larry G. Scott — Scotty's Mobile Village WWTP violated the terms, conditions or requirements of NPDES Permit NCO069965 and N.C.G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty of not more than twenty-five thousand dollars ($25,000.00), in accordance with the maximums established by N.C.G.S. 143-215.6A(a)(2), may be assessed against a person who violates the terms, conditions or requirements of a permit -required by N.C.G.S. 143-215.1(a). 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, Forrest R. Westall,. Division of Water Quality Regional Supervisor for the Asheville Region, hereby make the following civil penalty assessment against Larry G. Scott — Scotty's Mobile Village WWTP: $ 250.00 For 1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No. NC0069965, by discharging waste into the waters of the State in violation of permit daily maximum effluent limits for fecal coliform. $ 250.00 $ 100.00 TOTAL CIVIL PENALTY Enforcement costs. $ 350.00 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 violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by non-compliance; (6) Whether the violation was 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: 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 2. 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 the assessment letter. Because a remission request foreclosesthe 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 or legal issues in dispute. You must execute and return to -this office the attached waiver and stipulation form and,a detailed statement, which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongfully 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 a 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. Please submit this information to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please note that all information presented in support of a request for remission must be submitted in writing. The Director of the Division of Water Quality will review the information during a bimonthly enforcement conference and inform you of his decision in the matter of the remission request. His 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. Please be advised that the Committee can not consider information that was not part of the original remission request considered by the Director and therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. 3. Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must File your original petition with the Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 and Mail or hand -deliver a copy of the petition to Mr. Dan Oakley, General Counsel Department of Environment and Natural- Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 N N 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. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Mr. Larry Frost of the Asheville Regional Office at 828/251- 6208. (D e) ATTACHMENTS r.r,..b. ��rlii�Fffw% orrest R. Westall Water Quality Regional Supervisor Asheville Region Division of Water Quality cc: Larry Frost w/ attachments, Point Sources Compliance/Enforcement Unit w/ attachments Central Files w/ attachments N M ATTACHMENT A Lary, G. Scott — Scotty's Mobile !Village WWTP NPDES Number NCO069965 �annaaaaaa9aaaaaaaaoaaaaaoaaoaca2aa0aaaaaoseaaaaaaa0aa2a■aa0aoaaAaa2aaoaamaaAaaaaanaaaai Case Number LV 02 - 427 LIMIT VIOLATIONS, MAY 2002 MONTHLY AVERAGE LIMIT VIOLATIONS . Parameter Reported Value Limit Units DAILY MAXIMUM LIMIT VIOLATIONS Parameter Date Reported Value Limit Units Fecal Coliform May 14, 2002 696 400 #/100 ml EFFLUENT MONITORING VIOLATIONS REQUIRED MONITORING Parameter Monitoring Frequency Location INSUFFICIENT VALUES Parameter. Date Number of Insufficient Values STATE OF NORTH CAROLINA COUNTY OF MCDPOWELL IN THE MATTER OF ASSESSMENT ) OF CIVIL PENALTIES AGAINST ) LARRY G. ' SCOTT - ) SCOTTY'S MOBILE VILLAGE WWTP ) PERMIT NO. NCO069965 ) /V1 DEPARTMENT JOF ENVIRONMENT AND -NATURAL RESOURCES WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. LV 02 - 427 Having been assessed civil penalties totaling $ 350.00 for violation(s) as set forth in the assessment document of the Division of Water Quality' dated September 17, 2002, 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. This the day of , 2002. BY ADDRESS TELEPHONE DIVISION OF", � R QUALITY - CIVIL PENALTfSSMENT Violator: Larry G. Scott — Scotty's Mobile Village WWTP County: McDowell Case Number: LV 02 — 427 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private Wn"ot rty resulting from the violation; significant () moderately significant () significant ( ) very significant ( ) extremely significant 2) Tl)�duration and gravity of the violation; not significant () moderately significant () significant ( ) very significant ( ) extremely significant 3) The ffect on ground or surface water quantity or quality or on air quality; ( not significant () moderately significant () significant () very significant () extremely significant 4) The t of rectifying the damage; ( of significant ( ) moderately significant () significant ( ) very significant ( ) extremely significant 5) The amount of money savA by non-compliance; () not significant ( moderately significant () significant ( ) very significant ( ) extremely significant 6) Wh9ther the violation was committed willfully or intentionally; ( hot significant ( ) moderately significant ( ) significant ( ) very significant ( ) extremely significant 7) The prior record of the violator in complying or failing to comply with programs over which the Env nmental Management Commission has regulatory authority; and ( of significant ( ) moderately significant ( ) significant () very significant () extremely significant 8) Th/cost to the State of the enforcement procedures. not significant () moderately significant () significant very significant () extremely signifi t Da e orrest R. W stall, Water Quality Supervisor Asheville Regional Office REMISSION FACTORS () Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner; () Whether the violator promptly abated continuing environmental damage resulting from the violation; () Whether the violation was inadvertent or a result of an accident; () Whether the violator had been assessed civil penalties for any previous violations; and () Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Date Alan W. Klimek, P.E., Director Division of Water Quality North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor February 8, 2005 Mr. Larry Scott Scotty's Mobile Home Park 2333 U.S. Highway 221 North Marion, North Carolina 28752 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director Subject: Issuance of NPDES PermltNCO 9960 65 LScotty's Mobile Home Park WWTP� McDowell County Dear Mr. Scott: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on December 8, 2004. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 1 SOB of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Charles Weaver at telephone number (919) 733-5083, extension 511. cc: Central Files [Asheville Regional Office/Water Quality Sectionea NPDES Unit - 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604 Phone: 919 733=5083 / FAX 919 733-0719 / Internet: h2o.-ennstate.ne.us Sincerely, ORIGINAL SIGNED BY -SUSAN--A- ::WILSO Alan W. Klimek, P.E. D FEB 14 2005 10 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper WATER QUALITY SECTION ASHEVILLE REGIONAL OFFIC North -Carolina Natz(fally Permit NCO069965 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDERTHE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Larry G. Scott is hereby authorized to discharge wastewater from a facility located at the Scotty's Mobile Village WWTP 2333 U.S. Highway 221 Business north of Garden Creek McDowell County to receiving waters designated as an unnamed tributary to the Catawba River in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective March 1, 2005. This permit and authorization to discharge shall expire at midnight on December 31, 2009. u,+u s day Febru; ORIGINAL SIGNED BY SUSAN A. WILSO N Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit NCO069965 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authorityto operate and discharge from this facility arises under the pemut conditions, requirements, terms, and provisions included herein. Larry G. Scott is hereby authorized to: 1. Continue to operate an existing 0.01 MGD wastewater treatment facility with the following components: ♦ Bar screen ♦ Aeration basin ♦ Clarifier with sludge return ♦ Chlorine disinfection and dechlorination This facility is located north of Garden Creek on U.S. Highway 221 Business at the Scotty's Mobile Village WWTP in McDowell County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to the Catawba River, classified C waters in the Catawba River Basin. Permit NC0069965 A. (I.) EFFLUENT LIMITATIONS AND MONITORING REqUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER - 7 LIMITS ''-WT0AIN6RtQUIREMEkft- 0W Mq ffil Average: D 'Iy wi.*M Measurementa�ple Frequency , Tp�,"SamplqWboca iony Flow 0.01 MGD Weekly Instantaneous Influent or Effluent BOD, 5-day (202C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent NH3 as N (April 1 — October 31) 8.5 mg/L 35.0 mg/L 2/Month Grab Effluent NH3 as N (November 1 — March 31) 32.0 mg/L 35.0 mg/L 2/Month Grab Effluent Fecal Coliform (geometric mean) 200 / 100 ml 400 / 100 ml Weekly Grab Effluent Total Residual Chlorine 28 /jg/L 2/Week Grab Effluent Temperature (2C) Weekly Grab Effluent pH > 6.0 and < 9.0 standard units 2/Month Grab Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts. 1 `'\ —�; —lam` �. _ � _ ,1 '� f_ �.i � ' \-- \\� \U \\ -- /�•�^\ State Fish`> '' 0 r _ Hatchery 00 organ — 14 M }\�►1 li. j , \�•�` = ke— IIo " \ 1, / • \\ _. _ \.� \ 1 .fly '` � 'r, ' •I \ '\:; rnru C�• o!/i . \ .ire-. .I'•.� �i OC�� I'1 •�1 • I •,l i �; 11 -- \ -railer •� n4Vi Par I Q Ch • iSol Park _ �. ? J ly_7�+25. --ram--�`; • \ • and Gravel. •` ,Gaging, �.•Ir ^`\ it. ta BM 1222 • . ��� �1510 , ' _ %• �� ./ Garden. �,;.. •• , fin: ,;' _� �'• .: " , �/ ,= _` _ `I �' �I �/ „ Creek : ,lf dand Gravel �•' :..: ._�- `- -" - . c ,�!'l� : i r ,,� _ `�'�i _ "' -" ::1LH Sb,a--`�. ".= .. .. 1 > : '1•Cia• :'' r �. -, .__. - N. —1.-. fit.. -� -'�\ a� ;�3�_,-�.'•,� 15._: _� Latitude: 35�43'05" N C 0 0 6 9 9 6 5 Longitude: 82.02' 07' • Quad# EIONE Scotty's Mobile Village Stream Class: CX/TP Subbasin: 30830 Receiving Stream: UT Catawba River Facility 1' Location�� ` i NORM IF SCALE 1:2111000 1 NPDES Permit Requirements f Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, thegeometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. S ass The known diversion of waste streams from any portion of a'treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a.24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary -less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements -� Page 2 of 16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises ,the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DM or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 6/20/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limitl The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limitl The average of all samples taken over a calendar quarter. Severe proper", damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or,402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR'122.41 (a) (2)] c. The Clean Water Act provides that any person who negligentj, violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in' a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knomirr� violates such sections, or such conditions or lunitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or -imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liabilitv Except as provided in permit conditions on 'Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the .responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, not does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 612012003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapnl , If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. -For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making fiuictions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority '[40 CFR 122.22] Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of. ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense. It shall not be a defense for a Pertr&tee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (C)]• 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] 0) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. U sets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements - Page 8 of 16 noncompliance was caused by upset, and before an action for noncompliance, is 'final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503.. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 211.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Enter The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable. times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as additions to the permitted facility [40 CFR 122.41 (1)]. soon as possible of any planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 12129 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty, -four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.410) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.410) (8)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known.passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility. resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability, of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 612012003 0 NPDES Permit Requirements Page 12of16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Pertnittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction The Permittee shall not commence construction of wastewater treatment facilities, not add to the plant's treatment capacity, not change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one millia am per liter 0 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 ' , NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste' treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable 'cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Version 6/20/2003 r� L.� 0 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (1WS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. Industrial User Pretreatment Permits (!UP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Constrict (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 211.0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports AR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summarl(PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data SummaLT Forms SF) Version 6/20/2003 NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial -impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications, to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 612012003 r,F VE Water Quit; S`ectio FACT SHEET FOR WASTELOAD ALLOCATION Request # 6757AP R I 4 11992 Facility Name: Mobile Village Trailer Park NPDES No.: NCO069965 ,Asheville RegiOnal GNK Type of Waste: Domestic -100% .North Carotlt -Facility Status: Existingfiewlle, Permit Status: Renewal Receiving Stream: , UT Catawba River Stream Classification:. C Subbasin: 030830 County: McDowell Stream Characteristic: Regional Office: Asheville US GS # Requestor: Wiggins Date: Date of Request: 2/13/92 Drainage Area (mi2): 0.6 Topo Quad: E10 Summer 7Q10 (cfs); 0.15 Winter 7Q10 (cfs): 0.3 Average Flow (cfs): 1.0 30Q2 (cfs): 0.5 IWC M. 9.6 Wasteload Allocation Summary (approach taken, correspondence with region, EPA, etc.) Facility requesting renewal of existing permit. Tech Support recommends facility be given NH3 Choice Option of existing limits w/ a toxicity test ors�1 er and winter NH3 limits poe5 pza(brjWA:4 ua�r )pot �cCefc ��'yt,e � . k.+ 'L-a non 5 cy & �sw L- F04(L W;// At Mu 4 /ems 0e-ncv�.�� c�,co�� v - e' Special.Schedule Requirements and additional comments from Reviewers:. Recommended by: J41;'T Date: _4/3/92_ . /Reviewed by Instream Assessment: .Date: 4j1-719 Regional i or: Date:. ZSF/ Permits Engineering: Date: MAY 0 8 1992 RETURN TO TECHNICAL SERVICES BY: 2 CONVENTIONAL PARAMETERS Existing Limits. Monthly Average Y. Wasteflow (MGD)::. BOD5 (mg/1): NH3N (mg/1): DO (mg/1): TSS (mg/1): Fecal Col. V100 ml): pH (SU): Residual Chlorine (99/1): OR & Grease (mg/1): TP (mg/1): TN (mg/1): Recommended "Limits: Summer Winter 0.010 30 . monitor nr 30 200 6-9 monitor Monthly Average with Monthly Average with Toxicity Test Ammonia Limit ' Summer Winter Summer Winter WQ or EL Wasteflow (MGD): 0.010 0.010 0.010 BOD5 (mg/1): 30 30 30 NH3N (mg/1): monitor 8.5 32 DO (mg/1): nr nr nr TSS (mg/1): 30 30 30 Fecal Col. (/100 ml): 200 200 200 pH (SU): 6-9 6-9 6-9 Residual Chlorine (µg/1): monitor monitor monitor Oil & Grease (mg/l): TP (mg/1):. TN (mg/1): l D Toxicity test (P/F): Chronic @ Limits Changes Due To: Parameter(s)- Affected Change in 7Q10 data Change in stream classification Relocation of discharge Change in wasteflow Other (onsite toxicity study, interaction, etc.) Instream data New regulations/standards/procedures New facility information X_ Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future. water quality based effluent limitations for, additional dischargers within this portion of the watershed. OR No parameters are water quality limited, but this discharge may affect future allocations. so INSTREAM MONITORING REQUIREMENTS Upstream Location: Downstream Location: Parameters: Special instream monitoring locations or monitoring frequencies: r MISCELLANEOUS INFORMATION & SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility d onstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No If no, w ich parameters cannot be met? Would a "phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule (and basis for that schedule) with the regional office recommendations: If no, why not? Special Instructions or Conditions Wasteload sent to EPA? (Major) (Y or N) (If yes, then attach schematic, toxics spreadsheet, copy of model, or, if not modeled, then old assumptions that were made, and description of how it fits into basinwide plan) Additional Information attached? (Y or N) If yes, explain with attachments. J d�SfNFo- State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor William W. Cobey, Jr., Secretary DIVISION OF ENVIRONMENTAL'MANAGEMENT WATER QUALITY SECTION May 5, 1992 Mr. Calvin Davis, Mobile Village Trailer Park 421 Worley Road Marion, North Carolina 28752 Subject:- Effluent Limitations Mobile Village Trailer McDowell County Dear Mr. Davis: Ann B. Orr Regional Manager Park The Asheville Regional, Office recently received the effluent limitations proposed for Mobile Village Trailer Park's new wastewater discharge permit. A copy of those limitations is •attached. The proposed effluent restrictions differ from existing limits as follows: Parameter Existing Limitation Proposed Limitation Ammonia Nitrogen no limit 8.5'mg/l, summer & 32 mg/l, winter (or Toxicity), no limit Pass 10% Under the renewal permit, Mobile Village Trailer Park would have,a choice between ammonia limitations of 8.5 mg/l in summer '('April - October) and 32 mg/l ammonia in winter (November - March) or alternatively, a chronic toxicity limitation of• "pass 10%". The ammonia or toxicity limitation (based upon your choice) will be imposed in the new permit as a result of the Environmental Protection Agency's having required the State of North Carolina to address the issue of instream ammonia toxicity. Review of Mobile Village Trailer Park's effluent data for the previous 12 months revealed inability to comply with the 8.5 mg/l ammonia limit during certain months. However, remaining data and the Division of Environmental Management's inspection results indicated that with consisitent and proper treatment plant operation, Mobile Village Trailer would be able to comply with the proposed ammonia limitation. Since the test procedure for ammonia is much simpler and Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone 704-251-6208 An Fqual O000rtunity Affirmative Action Emolover Mr. Calvin Davis May 5, 1992 Page Two cheaper than -that for toxicity, selection of the ammonia limit warrants strong consideration'. Consultation with your contract operator is suggested in making your selection of limitations,.., Your attention to these matters is appreciated. As soon as possible, please contact me •at telephone 704-251-6208 concerning your choice of limitations. Also call if there are questions concerning any aspect of your wastewater treatment program.' Sincerely, James R. Reid Environmental Chemist Enclosure xc: HydroLogic TO: PERMITS AND ENGING UNIT WATER QUALITY -SECT ON DATE: March 6, 1992 NPDES STAFF REPORT AND RECOMMENDATION COUNTY McDowell PERMIT NUMBER NCO069965 PART I - GENERAL INFORMATION 1. Facility and Address: Mobile Village Trailer Park c/o Calvin and Cindy Davis 421 Worley Rd Marion NC 28752 •G 2. Date of Investigation: _February 28, 1992 -:k .-•+ir •. *= 3. Report Prepared By: James R. Reid 4. Persons Contacted and Telephone Number: No one on -site at time of inspection. 5. Directions to Site: Travel North on Hwy 221 from Marion; cross the Catawba River Bridge; turn right on NCSR 1501; travel approximately 0.5 mile to the site which is on the left. 6. Discharge Point(s), List for all discharge points: Latitude: 350 43' 20" Longitude: 820 02' 00" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. U.S.G.S. Quad Name Marion West, NC 7. Size (land available for expansion and upgrading): Approximately 1 acre. 8. Topography (relationship to flood plain included): Approximately 3% slope above flood plain. 9. Location of nearest dwelling: Approximately 100 feet. Page 1 10. Receiving strea affected surface waters' Catawba River 'a. Classification': C b. River Basin and Subbasin No.: CTB 03 08 30 c. Describe receiving stream features and pertinent downstream uses: Agricultural, wildlife support, recreation. PART. II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100 % Domestic Industrial a. Volume of Wastewater: 0.010 MGD (Design Capacity) b. Types and quantities of industrial wastewater:N/A C. Prevalent toxic constituents in wastewater: d. Pretreatment Program (POTWs only): in development approved should be required not needed 2. Production rates (industrial discharges only) in pounds per day: a. Highest month in the 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: 4. Type of treatment (specify whether -proposed or existing): Existing extended aeration package plant. 5. Sludge handling and disposal scheme: Pump and haul to City System. 6. Treatment plant classification (attach completed rating sheet): 7. SIC Codes(s): 4952 Wastewater Code(s): Primary 08 Secondary Main Treatment Unit Code: 06007 Page 2 PART III - OTHER PENT INFORMATION 1. Is this facility being constructed with Construction Grant funds (municipals only)? N/a 2. Special monitoring requests: No 3. Additional effluent limits requests: No 4. Other: No PART IV - EVALUATION AND RECOMMENDATIONS Renewal of permit is recommended; however, there will be Regional Office action to force, �,the owner to construct an outfall line to the receiving stream. -When the chlorination/dechlorination facility constructed under AC0069965"(10-24-91) was completed, the owner built a 4 inch'4--diameter discharge line from the dechlorination tank. The outfall line to the creek was a 2 inch line; rather than using a reducer or constructing a new 4 inch outfall to the receiving stream, the owner allowed the discharge from the dechlorinator to spill onto the ground approximately 150 feet from the creek creating an "artificial wetland". �i Sign ure of Report Preparer ater Quality Regional Supervisor Date Page 3 ^ \ Slate Fish Hatchery .`\ rl •� \ I. _ 1 /� '_J. '��' �' :Trinit01 y C. • — -_ yam,\ � �• -. -.1 .. _ _ _ - — f _•' � � . �s�` ;:railer :: :;i: :\ \�`; .v _; \``. �.�`_N\Ct` '' __ >faranatli - '�-' ~� % �_-__�� � /,•`'''\�\�1(n•�% I500 Trailer •j' \ \ `' .� - \ ��, �M` �• Park n \. 1 i. > ;.•..� !mac •\ \ \ 1 \" �, - '_ \•-��`�_'_:: �.`�\� .P�. `\ _ _� - 1\: .� _ ,it'd- .i ___�25;•—._ _ - -'— _� - •o—.cb �r�- • .`^_ 1 Sand and Giave`I Pij \ ,Gaging.. - Garden •'.. `-- Sand'and Gravel53 / ;1• •; Cia .:------------ :\\High .4 anding- / J'` ' BMA• •/ _ _- �' \\ Drive-in I _ h. ' -' •� . \ \ \` 2 • _ •i J•.: Girl Stout '\t. — �;I% Camp, \\ = ! -BM 1279.1). 'i' \..` Filtration `�\ :: _ '1•%.' �� ` �— :,\`•' Plant I�\" cb: ; �letic / iel. \ Radio Tower:: ''1 � � �\` ;` ' `\' 1 I •-`:;� i WT. RATING SCALE FOR CLASSIFICATION OF FACILITIES j-2 / Name of Plant: �d rrl. /e y r (lac �E Ir- Owner or. Contact Person: ("aJ414 J),q_V:S Mailing'. -Address:- 1A ki nl�S ~; •-`::. - = County: M�vJ elf Telephone:... ' NPDES .Permit No. NC006gq &C ''Nondisc. Per. No. IssueDate:`�v0 Expiration Date: Existing Facility New . Facility Rated By: p Date: Reviewed (Train. & Cert.) :Reg' -Office " Revtewetl.,(Traln. &. Cert:), Central, -.Office' ORC r = Grade M POINTS ITEM. _POINTS. — Induslrial` Pretreatment Units :and/or (4) PRIMARY TREATMENT'UNITS -. Indu'strial,- Pretreatment., Program (a) Septic lank (see -definition no..43) ... 2 (see-cleliniUon .No 33) 4 (b} Imhoff Tank.c ...... 5 FLOW OF PLANT IN GPD i , r c), Primary Clarifiers z f , :4 5 001 appilcable-.to non contaminated cooling tit 5 '. (d) .Settling Ponds or S6ttlinj'-Tanks4for Inorganic waters sludge"`handling; facilities for water Non toxic :Materials. ,(sludge, handlirig facilities punticalion plants`;.lolally' closed cycle I ` _ for'.`wate� purification, plants, sand, gravel,; '.. systems (de( Noc 11) and (acililies stone and other mining. operations except . c k jconslsling: only ot; Item {4) (d), qr Items (4) (d) recreational ;activities such as gem or gold f b ' = mtning)x - s 2 20000 (5) SECQNOQiRY TREATMENT UN17S • 50,000 a) 2 ( Carbonaceous Stage <,50,001 100,000 ....................... . ... :. 3 (i)Aeration High,Purity Ox en System.- 20 100,001 - 250,000 4:. Diffused Air System 250,001 - 500,000 5 Mechanical Air System. (fixed 500 OOri!'; 1 000,000 $ floating or rotor) 8 S '1 000001 2,000,000 TO eparale•Sludge R"eration 3 2�000001 (and up).- :-.rate t point additional for _each (ii);;Trickling Filter 7 Y , 200,000 gpd capacity up lo' a High Rale .2 -maximum of 30 . Standard Rale.: Racked ,Tower ,.. • _ 5 (i i i) Biological, Aerated Filter or Aerated 4 Design Flow (gpd) Biological Filter 10 ' (iv) .,Aerated Lagoons .......:.............. . ' . (v) 'Rotating :Biological .Contactors ..-: - ..... - . 1 0 Sand Fillers- 3)` PRELIMINARY,,UNITS (see definition no. 32) ' .. . intermittent biological.'. ... 2 {a) BacScreens;. :.....: ................ t -recirculating biological : ; ... . = . o r. r (vii)_ Stabilization Lagoons ................... 5 {� (b) Mechanical•.Screens Static Screens or. r }' Comminuting Devices �... - ' (viii)Clanfier .=' 5 a (� (ix) Sin 9 = system for. combined le'sla e• 9 Y r l(c)Gnl Removal caibo.n.aceous removal, oL BOD and. Of nitrogenous removal _by. nitrification (d) Mechanical or Aerated Grit Removal .... 2 (see de(. No. 12) (Points for this item (e) -Flow Measuring Device ...... have to. be in addition to items (5) (a) or (i) through (5) (a) (viii) - . • • (1) Instrumented Flow Measuiemr:nt (x) Nutrient additions to enhance SOD (g) Preaeration . ' removal :..... .. 5 (h) Influent I iov, l_quul c, t:un (x�) Biological Culture (-Super .Bugs-) addition 5 (r) Grease or Oil Separators is lavdy to ennance organic compound removal . . .. Mechanical a ()1;.olVvd ill 1'4t1,111)r� a fl) Pfocltlnruu11;0,1 i. 114001;1111(;,11 A,i 110,11iilk). 0( roloo (not Incill(l M() If -Sk2P,1fM(' Sludge flcaerahon 3 Catholl fC9(211L'fZil-on) 01) rtickling Fillef (k) Vacuum Filler 0 Centilluge Or Filler Pfc7,s High Rate Of other similar dewatering devices Standard Rate . . . . . . 7 Packed To• 5 . . . 10 (8) SLUDGE DISPOSAL (includ,ng hnpinPrij(,(j (iii) Biological Aerated Filter or Aerated ... 5 .(a) Lagoons ........ Biological Filler ............ 1 2' (b) Land Application (surface" and subsurface) .............. 0 (iv) Rotating Biological Contactors ­.--.,. �.,_ L_ (see definition 2Za),.74% F% (v) Sand Filter- where lhe- facility holds the hand app. permit 10 intermittent biological . . . . . . 2 -by contracting --to a land, application operator who . . recirculating biological . . . . . . . 3 (v i) Clarifier holds the land application permit . -land applic'-atio .......... �._ �2' n of Sludge by � .............. : ............ ...... 5 a contractor who doh not hold thd 'permit for the wastewater treatment TERTIARY OR ADVANCED TREATMENT UNIT r facility where the sludge is generated (a) Activated Carbons Beds - . . . . . . .. 10 (c) Landfilled (burial) without carbon regeneration (9) DISINFECTION 5 5 with carbon regeneration (a) Chlorination ••7 - •5 .... 15 ................ (b) Powdered or Granular Activated Carbon ......................... (b) DechIorinatio'n`e­:'-,'- -­ - "�? Feed -Ozone.. without carbon regeneration (c) . . . . . 5 with carbon re 5 generation (d) Radiation .......... . . . .% . - 15 c)_ Air Stripping .............. 5 (10) CHEMICAL ADDITION SYS Ek T W(S)-(See ' definition No. .......... ....... 5. (d) Denklrif.ic,ation Process (separate 'process) (no( applicable (o ' -1 . 9). chemical. additions '(xi rated as,item... e - 0 Efec'trodialysis••••••• (3) 6). (5) (a (6) (b). (7) (b). (7) (e). 5 (9) (a). (9) (0). or (9) (c)`5 points each: List: F-clarn Separation ................ ...... g 166 Eicha'ngp ........... 5 (h) and -�Aoo 4_5. Ri6ation of Treated: 8fflU64- .5 -5 (see' definition' no. 22b) applidabl r sand. gravel- stone and olhek5tiihilgr�­ mining operations) I) MISCELLANEOUS UNITS -5,.,. agriculturally ja).';Holding Ponds,' Holden '.1n9'LT@nks or-. Settling �­`,17: for N �YJ - Organic o r ajefialsJoclu in W,19 .......... :,rate 1Z.: y from mining OPqf�a(!.9nt+: containing pilrogen and/or ' �si -:-Siles (includes '.­ ' "I" 1701a'rf',�cistributors " : ' ' phosphorous compounds in,,.�� ou s _;_ nl' nific •than and sjr9;j qr�` fixed n o z zI e "sys tem 4� greater is c' -1 Ommorf-_ for,,domestic wastewater (b). Effluent ifa6e'- dlsp'oS'aI:'Tjricr6d I �J. es _FloW Equa izajion,:-(n6t, ap n o - i I OW press pipe SYStdrris- and gravity '--'SY,s�tei�j��- . .. 1��- excep - , Oasins which are ---in prent i rn' a _�d , plants ing of consisting I septi&`!' nitrific'a- Stage Dis�chargei`( n applicable to st age, 6:si s­ -on ion lines••••only) 4 inherent in land applic�tic,6 systems.......:....�rb - (d) Pumps.. 5. Micro screens ';---- ............................ ............. ............... 5 OYI-':�Ofios�ph:& us R . .... . Removal I y­ Biological processes ........... 3. (e) Stand -By Power S Su I ............... ........ (f) Thermal lution Cionfrol D' evice:.:­ 20 (k)'.,-- Polishing -,',P- .onds, without aera(ion ....... 2 With eit ior k 5 I) Post Adrdli6n . cascade 0 diffu'sed'b ir-`i il'd* ec anical 5 . . . :N)---_JReversie 9smosis 5 0.1-I.-Sand; o_i.',Mixed -Media TOTAL POINTS Fillers low rate 2". I - I • Ta e 5 6)� —Treat men( pr ocesses for removal metal or CLASSIFICATION 'cyanide'.' ............... .......... 15 Treatment processes for removal Class I.............................. of toxic materials'. other than metal o r cyanide ..5 25 Points .. ...... 2 . . . . . . 15. a Class III in L LJ 06E TREATMENT,, .................... 51- 65 ;Poirit!�!, Class IV 66- Up poi I 7 Sludge Digestion-, Tank Heated Facilities having a rating -ol,one.through four points.,. ifjclqs,#y*e., do not I 0 _'Aerobic 5 L require a certified op&afoK%:,,CIass1ficaI[io'ri 0 1 e v, faciliti6s'reiqui res a Slabllf:i6lion 3 comparable, grade Operator in 'responsible charge. (chemical or thermal) . . . . . . 5 Sludge Drying' Beds Gravity ...... ..... . 2 Vacuum Assisted Facilitie's having an activated 'sludge process will be ass I ibned a ..5 .. Sludge Elulriation mininiurn classification of Class 11 5 Sludge Conditioner (chemical or thermal) :Sludge Thickener (gravity) Facilities havin( freatmetil Processes for the DissOlved Air Violation Unit renwval of metal of cya"i0c' will be assigned a :nmirrium of Cias.; !j 0101 i1PPlicable to a unit rates Is (.3) (1) S 1, 13 U(4)(! Gas Utilization (including Facllillt,s having licalmeni processes for gas SIOGIgO) 2 . III(, . 1).Ojoglcal remov,11 of p flosl)"Or" will be assigned a mm,,nuni , III Jasolicallon of 0;1"... *7partment State of North Carolina of Environment, Health; and Natural Resources 4 Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 George T. Everett, Ph.D. James G. Martin, Governor Director William W. Cobey, Jr., Secretary February 12, 1992 Mr. Calvin .Davis Subject: NPDES Permit Application " Calvin & Cindy Davis NPDES Permit No.NC0069965 RTt. 6, Haskins Road Mobile Village Trailer Park Marion, NC 28752 McDowell County Dear Mr. Davis This is to acknowledge receipt of the following documents on January 7, 1.992: Application Form Engineering Proposal (for proposed control facilities), Request for permit renewal, Application Processing Fee of $200.00, Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other , The items checked below are needed before review can begin: Application Form r Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, Local Government Signoff, Source Reduction and Recycling, Interbasin Transfer, Other REGIONAL OFFICES RECEWED Water Quality Smuctim, FEB 1 B 1`92 Asheville Regional Oi•;vi Asheville, North Carolin Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733.-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer ft N If t1e application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. This application has been assigned to Mack Wiggins (919/733-5083) of our Permits Unit.for review. You will e adviseadvisecL of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. Sincerely, M. Dale Overoh, P.E. CC• Asheville Regional Office RECEIVED Water Quslity Ssction OCT 2 8 -1001 State of North Carolina Asheville Regional 01tim. Department of Environment, Health and Natural Resources Asheville, North Caiollm Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27626-0535 James G. Martin, Governor William W. Cobey, Jr., Secretary October 24, 1991 Ms. Bernice Conley Mobile Village Trailer Park Post Office Box 1332 Marion, North Carolina 28752 George T. Everett, Ph.D. Director Subject: Permit No. NCO069965 Authorization to Construct Mobile Village Trailer Park Wastewater Treatment Facility McDowell County Dear Ms. Conley: A letter of request for an Authorization to Construct was received September 13, 1991 by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of a tablet chlorinator with a 478 gallon baffled chlorine contact basin, a tablet. derghlorinator.mounted at the effluent of, the new chlorine contact basin with discharge of treated wastewater into an unnamed tributary to Catawba river, classified Class C waters. This Authorization to Construct is issued in accordance with Part III paragraph A of NPDES Permit No. NCO069965 issued November 9, 1990;,and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0069965. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, phone no. 704/251-6208 shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer of construction and prior to operation of this permitted facility, a 0 Upon completionP P certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly owned wastewater collection system within 180 days of its availability to the subject facilities, if the subject wastewater treatment or disposal facilities are in noncompliance with the terms and conditions of the NPDES permit, the Authorization to Construct, or the governing statutes or regulations. Prior to the initiation of these connection activities, appropriate approval must be received from this Division. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to the classification assigned to the wastewater treatment facilities by the Certification Commission. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. John Seymour, telephone number 919/733-5083. a George T. cc: McDowell County Health Department Asheville RegioriaYOffiee-- Training and Certification Unit Facilities Assessment Unit Mark T. Ledford, PE N M � Permit No. NC0069965 Authorization to Construct October 24, 1991 Engineer's Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the for the project, Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration N State Fisfi. Hatchery '1.;, 1� ♦ �• ..� \-, -� i, v _ �\-�.."6-� a il_\ -_--== '•`- =�- - �-^�'--'—� � - - �-1-_ �'--=----: --- - - . , � _ . l ,�• jI ,c -_ , 1 c, ._, = — oc� c..'� � �t3—. _..-_, �/ oigC17t M /)�:� 1`� _ I: � '\\' `,� \ • �� • - .�_._ , ,`O{ ' \� •_ ' �� . �\\\ / :TrinityCh ' 1 j o/ / I t ,-- ` /�. c•.� �� `I \\ \� Y• : ( - - \�; t'•_ ; �/ - -- i \ Park. a �� 1, .p: '• i'.# ) _ l / O1 \ r `\ h�.� ISO /' �. \y �,lzar Trailer 10 \ 2 \\ `: \ \\ ;r• , Park 11 : `\\ `�;� _ `' — \ __ '' •- _- ' I`-Sbnd and Wave`I P _Gagin'gl Star', BM 1222- i Garden -,-Sand�and Gravel \� N. It IcDo cz High 1\V \\ p SO � \ / - './ v" ,. -•':. .t _. _—��i,;�• .__Stri � I 1323 Drive-in , c. 1221' Radio ?Tower ,� `- ��� "- . -• --� r\ .�` �\—�'_�`',.�---♦ s /" 1. \�.--_• ' 'x - ------ _ - % - -- =_ Camp; - \� '1 _ ��- �; / rcooFiltrkon ✓ / i Plant � -=v,; �� •'• .': ��.• ^`7•, f' i Radio Tower, Ir• \ 1 _ , ield)� -(WRBM) _ u i I _ �� •` A,- i � •-1, - '�:`;� . •-fir _ / _� .,\ `— — - P " j `/ ( 1 c�' ..fir'% :.:I ..^ "� `•-� \ i .. 353 . . •)• -_ — _ - - --- '� C.ro>s Jliil r� __,...r•�i• :Park j/f YET RATING SCALE FOR 'CLASSIFICATION OF FACILITIES Name of Plant:_ d �/. /e- - Y �,/\ �� /rGc S/�--- /\ : _ Owner or Contact Person:('-,q-w,' ,FDA-✓i s Mailing Address:174, 10 -4A j1(--;-,J S2 � County::am-v3 e,l Telephone: NPDES Permit No. NC006q9PS Nondisc. Per. No. IssueDate: qv0 Expiration Date: 9,260 3 C Existing Facility New . Facility Rated By:Date: S eot ) 55 / Reviewed (Train. & Cert.) Reg. Office Reviewed (Train. & Cert.) Central Office ORC Grade EM POINTS ITEM POINTS Industrial Pretreatment Units and/or (4) PRIMARY TREATMENT UNITS Industrial Pretreatment Program (a) Septic Tank (see definition no. 43) ............... 2 (see -definition No. 33) 4 (b) Imhoff Tank ................................... 5 DESI ,N FLOW OF PLANT IN GPD (c) Primary Clarifiers ............................ 5 (not applicable to non -contaminated cooling (d) Settling Ponds or Settling- Tanks for Inorganic waters, sludge handling facilities for water Non -toxic Materials (sludge handling facilities purification plants, totally closed cycle for water purification plants, sand, gravel, systems (del. No. 11). and facilities stone, and other mining operations except consisting only of Item (4) (d) or Items (4) (d) recreational activities such as gem or gold Ji and (11) (d)) :) mining) :. . ......................... . ........ . 2 0 20,000 .. . ..... . ...... . .......... 1 (5) SECONDARY TREATMENT UNITS .20.001 50.000 .......................... 2 (a) Carbonaceous Stage _ 50.001 100,000 .......................... 3 (i)Aeration - High Purity Oxygen System ..... 20 100,001 - 250.000 .......................... 4 Diffused Air System ...... _ .... 0 250.001 -- 500,000.............. 5 Mechanical Air System fixed, y " 500,001--1,000,000 .......................... 8 floating or rotor .... 8 ., 1.000,001 -- 2.000.000 ........................ 10 Separate Sludge Reaeration - - -3 2,000,001 (and up) - rate 1 point additional for each (ii) Trickling Filter 200.000 gpd capacity up to a High Rate ................... 7 maximum of 30 Standard Rate ............ . .. 5 Packed Tower .. «............ 5 (i i i) Biological Aerated Filter or Aerated Design Flow (gpd) : /0 boo Biological Filler ...................... 10 (iv) Aerated Lagoons ..................... . 10 (v) Rotating Biological Contactors .......... 10 (vi) Sand Filters- (3) PRELIMINARY UNITS (see definition no. 32) intermittent biological .. . . . 2 (a) Bar Screens .............. ............... recirculating biological . . . . 3 or (vii) Stabilization Lagoons .................. 5 (b) Mechanical Screens, Static Screens or ^ Comminuting Devices � (vm Clarifier .............................. (- , x ) ) Single stage system for combined 5 • (/� (c) Grit Removal ............. .. ' . ... .. carbonaceous removal of BOD and or nitrogenous removal by nitrification (d) Mechanical or Aerated Grit Removal ... 2 (see de(. No. 12) (Points for this item (e) Flow Measuring Device .... have to be in addition to items (5) (a) or (i) through (5) (a) (viii) 8 (f) Instrumented Flow Measurement (x) Nutrient additions to enhance 90D (g) Preaeralion . :' ren;oval ...... ................ 5 (xi) Biological Culture (-Super Bugs-) addition (h) Influent Flow I_qualizat.un to enhance organic compound removal . . . . 5 (Q Grease or Oil Separators C"favity Mcclranicul t t1,•ssolved i'u I'lut.rlion (I) I'n1Chlnnn:rUon I hllu•.,:t1 Au SyStrli + r) 1110C Jr,iCal Au Sy:lr (lir:,1. floaling,. or rotor) 11 Separale Sludge Aeaeration 3 (n) frickling Filler - High Rate .. .. 7 Standard Rate ...... 5 Packed Tower....... 5 (i i i) Biological Aerated Filler or Aerated Biological Filler ............ ............ 1 0 (iv) Rotating Biological Contactors ............ 1 0 (v) Sand Filler - intermittent biological 2 recirculating biological ... . 3 (vi) Clarifier ..............:................. 5 TERTIARY OR ADVANCED TREATMENT UNIT (a) Activated Carbons Beds - without carbon regeneration .................. 5 with carbon regeneration .................... 1 5 (b) Powdered or Granular Activated Carbon Feed - without carbon regeneration ................. 5 with carbon regeneration ................... 15 (c) Air Stripping .............................. 5 (d) Denitrification Process (separate process) . . . . . 10 (e) Electrodialysis .............................. 5 (f) Foam Separation .............................. 5 (g) Ion Exchange ................................ 5 (h) Land Application of Treated Effluent (see definition no. 22b) (not applicable for sand, gravel, stone and other similar mining operations) .�(i). on agriculturally managed sites- (See del. No.4)................................... 10 (ii) by high rate infiltration on non -agriculturally managed sites (includes rotary distributors and similar fixed nozzle systems) ........... 4 (iii) by subsurface disposal (includes low pressure pipe systems and gravity systems except at plants consisting of septic tank and nitrifica- tion lines only) .. ..... . .................... 4 (i) Microscreens ................... 5 (j) Phosphorus Removal by Biological Processes (See def. No. 26) ................:............ 20 (k) Polishing Ponds - without aeration ....... 2 with aeration .......... 5 (1) Post Aeration - cascade .............. 0 diffused or mechanical .. 5 (m) Reverse Osmosis ............. (n) Sand or Mixed -Media Filters - low rate .......... . high rate .......... (o) Treatment processes for removal of metal or cyanide.................................... (p) Treatment processes for removal of toxic materials other than metal or cyanide ..... ... . SLUDGE TREATMENT (a) Sludge Digestion Tank - Healed ........... . Aerobic ....... . Unhealed ...... (b) Sludge Stabilization (chemical or thermal) . . . (c) Sludge Drying Beds - Gravity .......... Vacuum Assisled . . (d) Sludge Elulrialion ...... (e) Sludge Conditioner (chemical or thermal) (1) :sludge Thickener (gravity) .. . (9) Dissolved Au Violation Unit (not applicable to a unit rates as (3) (,) (11) Sludge Gas Utilization (including gas stortge) 5 2 5 ll) :sludge Incinerator (not including aCli'ealed carbon regeneration) 10, (k) vacuum Filler. Centrifuge or Filler Press or other similar dewatering devices .. ....... 10 (8) SLUDGE OISPOSAL (includino incinerated ash) (a) Lagoons ........... 2 (b) Land Application (surface and subsurface) (see definition 22a) -where the facility holds the rand app. permit . . . 10 j f -by contracting to a land application operator who holds the land application permit .............. land application of sludge by a contractor who does not hold the permit for the wastewater treatment facility where the sludge is generated (c) Landfilled (burial) ................. (9) DISINFECTION (a) Chlorination ...........:........:.. •• - . • .. / 5 / (b) Dechlorination ......:..... _ . (c) Ozone ................. (d) Radiation .......................... 5 (10) CHEMICAL ADDITION SYSTEM (S) (See definition No. 9) (not applicable to chemical additions rated as item (3) 0). (5) (a) (xi). (6) (a), (6) (b). (7) (b). (7) (e). (9) (a), (9) (b), or (9) (c) 5 points each: List: (11) MISCELLANEOUS UNITS (a) Holding Ponds, Holding Tanks or Settling Ponds for Organic or Toxic Materials including wastes from mining operations containing nitrogen and/or phosphorous compounds in amounts significantly greater than is common for domestic wastewater ......... (b) Effluent -Flow Equalization (not applicable to storage 4asins which are inherent in land application systems) (c) Stage Discharge (not applicable to storage basins inherent in land application systems ..................................... (d) Pumps.............................................................................;................... (e) Stand -By Power Supply ............................ .... ....... .......... ... (f) ............ Thermal Pollution Control Device ........................ TOTAL_ POINTS 313 CLASSIFICATION 5 5 5 5 4 K 15 Class I ........................................................... 5 - 25 Points -- - -- ---- - ..............50....... 26 Points 1 5 Class III ......................... .............. 51- 65 Points Class IV ................. ........... ........ 66• Up Points Facilities having a rating of one through four points. 10 do not require a -inclusive. certified operator. Classification of all other 5 facilities requires a comparable grade operator in responsible 3 charge. 5 2 Facilities having an activated sludge process will be assigned 5 a minimurn classification of Class II. 5 _> Facilities having treatment processes for the removal of mela!1 5 or cyanide will be assigned a :nrrnirnur++ cla;,ifical:on of Class II fl Facilities having Ireatment processes for Ih� b ological ren,Ov.+I Of phosphorus will III. be assigned a filinimuni of CI,+s:, Cp SEAT[o RECEIVED ...� EP S 8 1987 Wilmington Regional Office P rM .-------- ..__.-.-.- --. __.........-.-.._......... -State.-of_North .Carolina_..- --....-----_.._ _.-_._.----__-.____.. _-- -- - -- -_. Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary August 28, 1987 Director Ms. Josephine Pittman, Owner RECEIVED Mobile Village Trailer Park Water Quality Section 30 River Breeze Road Marion , N.C. 28752 SEP 1 17 1987 SUBJECT: Permit No. NCO069965 Authorization to Construct AShelfille Regional Office Mobile Village Trailer Park Wie%tille, North Carolina Wastewater -Treatment Facilities Modifications .9�ts�eer County M44 Dear Ms. Pittman: A letter of request for an Authorization to Construct was received July 29, 1987, by the Division and final plans and specifications for the subject facilities have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of 0.01 MGD wastewater treatment facility consisting of a 10,000 gallon capacity aeration tank with dual 65 CFM blowers, influent bar screen, an 1,800 gallon capacity clarifier, sludge holding tank, ultra -violet disinfection unit, V-notch weir for instantaneous effluent flow measurement, and all associated piping, valves, fittings and appurtenances to serve Mobile Village Trailer Park. This Authorization to Construct is issued in accordance with Part III paragraph B of the NPDES Permit No. NCO069965 issued July 29, 1987, and shall. be subject to revocation unless the wastewater treatment facilities are constructed in accordance 'with the -conditions and limitations specified in Permit No. NCO069965. The Permittee must employ a certified wastewater operator in accordance with Part III paragraph D of the referenced permit. The sludge generated from these treatment facilities must be. disposed of in accordance with G.S. 143-215.1 and in a manner approvable by the North Carolina Division of Environmental Management. The Asheville Regional Office, telephone number 704/253-3341, shall be notified at least twenty-four (24) hours in advance of start-up of the installed treatment facilities so that an in -place inspection can be made. Such notification to the Regional Supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Pollution Prevention Pays P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 W In event the facilities fail to perform satisfactorily in meeting its NPDES permit effluent limits, the permittee shall take such immediate corrective action as may be required by this Division, including the construction of additional wastewater treatment and disposal facilities. A replacement lamp for the U.V. disinfection unit shall be available for immediate installation when needed. The existing subsurface wastewater disposal system serving Mobile Village Trailer Park shall -be abandoned when the subject wastewater treatment facilities are completed and placed in operation. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. Robert Teulings, telephone number 919/733-5083, extension 177. Sincerely,. R. Paul Wiilms cc McDowell County Health Department Asheville Regional Supervisor Mr. Dennis R. Ramsey Dobson Engineering ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. g ■ Attach this card to the back of the mailpiece, or on the front if space Dermits. 1. Article Addressed to: LARRY G SC T 223 HANKINS ROAD MARION NC 2Ii752 D. Is delivery' addr If YES, enter_d 3:• rvice Type Certffi", ❑ Regl4eQ- ❑ Insured=Mal Agent Uag 7 ❑ Addresser rfe N me) Date of Deliver) r different from item i�?i ❑ Yes eery a�ress b: ?elowr O_ No N w << rn N J GI Lu Lr i I — co (tom=. ., 0 Express Mail'; etum!Receipt for Merchandise O.D. `1 4. Restddted:Deiiveryt-(ExtraFq) f Yes 7002 0:460 0001 9899 7392 LV-Z P.q Fnrm,.gR11 . Fohmory vned. r r r r i r r r —.tin Q.+— R—lm it OCOCJI2\A_�U UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • `NANDA FR.^,'-!ER NCCEi';F,-DVJQ-SVJP 2090 U.S. HIGHf^IAY 70 SWAB fNANOA NC 28778 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to -you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: —— Mr. ? ar"y G. Suott 223 Hankins Roast l Marion, NC.28752 4=,1 2. Article A. Signature /�// ❑ Agent X /� ❑ Addresse( B. .carved by ( ed Name C. Date of Deliver) ��4��i , //A-G 7 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 11 Certified Mail ❑ Express Mail ❑ Registered HRetum Receipt for Merchandise ❑ Insured Mail U C.O.D. 4. Restricted Delivery? (Extra Fee) 6 1 ngrar-mi_mi rd UNITED ST/TES P{�?ST ' rM• and ZIP+4 in this box • CDENR Surface Water Protection Section -�090 U.S. Highway 70 Swannanoa, ITC 28778 a it) I I I!I-1.i I I I III I I III!I Iiil liili I., 1}Iif it 11! 111;11111111ill ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can roturn the card to -you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. I. Article Addressed to: - _--- - -. Mr. Larry G. Scott i' 223 Harikins-Road Marion, NC 28752 � -- A. Signature X r ❑ Agent ❑ Addressee B. R ceived (Printed NC. Date of,Deliveq D. Is delivepq address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ^�ertifiedd Mail ❑ Express Mail //❑ Registered PRetum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) s t. Artible Wmber '• (rransfer from se�' J'�d O V 34 5 d d l n 2 i7 Q 6 4 i+ g141 O11: 1 it i i ?C Fnrm .'4R11 Fahninni gnnA nnm—tir Rah im P... int 1noR09 10-PA-19A UNITED STATES PQ�,IQV§E .......... • Sender: nn Pleas 'pp ' t E 2090 Sig name, address, and ZI ,YM ter ectioll 'ay this box 0 ■ C lete items 1, 2, and 3. o com..._ plete__. if RestrictAls Restricted Delivery is desired:. =' ■ F our name and address on the-reJerse::�-) i so that we can return tNe card to -you. ■ Attach this card to the°back of the mailpiece, U or on the front if space permits. 1. Article Addressed to: �. LAF-RY G SCO'i t 223 HANKINS ROADTj [f U u MARION NC 2875216564 -- — A: ❑ Agent ❑ Addresse( B. Received by (Printed Name) I C. Date of Deliverl D. Is deliv erent from item 1? ❑ Yes If ery dress below: ❑ No �a o 3. Express Mall Return Receipt for ❑ Insured Mail 9 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ i 7��5� 18':2���Q�02�.�92�7►'t366`6+� �i$l�jtj� �2'A�lQ�L4V-O�S� UNITED STATES POST . 4L.SERVICE e.-- - - - :irit-'Clas6'Mail P U -Alp • Sender: Please print your name, address, and; ZI P+'4--i n-r-thisi-box";i Cr %N;? k ::R , I o0 - :; *;. SM ANNIANOA X�' ■ Co lete items 1, 2, and 3. Also complete, it if Restricted Delivery is desired.. ■ Pon � our name and address on the reverse so that we can return the card to -you. ■ Attach this card to;the-bacl ofthe mailpiece, or on the front if spaceperrnits --j ru, 1. Article Addressed to: I + O L O L; Lr�ii 3L�' l i'eh3:)i_NC�� I0 tu i T L 1 7035 i i33.,93: i O.E1Q1i i355t2 -i, A. Signature --�Agerit X % , ❑*dresse( B. Received by (PC d Name) C. Date of Deliver) D. Is delivery address different from item 1? ❑ WSA�LC If YES, enter delivery address below: ❑ No 3. ice Type.. Certified Mail ❑ Express Mail egistered ReturnReceipt for MerchandisE ElInsured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes DS Form 3811-. February 2004 . - _ , Domestic Return Receipt 1 UNITED STATES POSTAL SERVICE First -Class Ma -Permit No. G- C� 3 • Sender: Please`print'your name, address, and ZIP+4•in this box • ■ (Mete items 1, 2, and 3. Also complete A. Signat9x H11W if Restricted Delivery is desired. X /�/� ❑ Agent ■ Print your name and address on the reverse El Addresse so that we can return the card to you. B. Received rrinted ameN e)C.. ate-of=Del' er ■ Attach this card to the back of the mailpiece, i t or on the front if space permits. D. d7en dress re[1}Jfrom item 17—C-] Yet 1. Article Addressed to: r � — ` �)v,a • dr ss bew: ❑ Qi1oL �'`� O ~C QO W 7 I � 1 O tiCtYl•ir5^:1:0.fh.)f �,223rLiti'_CtiaROall � .�� +t :rUu,: tar. zsnsz 3. S is T e �5 Q t,tl Certified Mail ❑ presMail Retum - f Registered LReceipt floriMerchandis ❑ Insured Mail 4. Restricted DeliveDy!-_ xptra-F-ee)7 ❑Nes 2. Article Number (fransferjfromsenrlce%abet)�I1 7g0�02,,04{60 0001 989�9 161�1 �1 , .� PS Fnrm 381 1 .Fehruary ?nn4 Domestic Retum Receipt L I% . ?_ a3 \'- O2 U 102595+02- M UNITED STATES POSTAL SERVICE!",,, r 1 , -I- • Sender: Please print yoP6 rs-in ne First-Classa$ Postage & Fe P 4& M' -dj USPS Permit No. G_1 A �address,'-­a"nd-ZIP+-4-i 't - _n this. -box -A, ■ CWlete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits----__�`� -� 1. Article Addressed to: _ y _ LARRY G `NcoT1S7'S ;FIO7:I � V1L�7n1 -� =_- C -3152 323 iill'dii3[v 1:.U: l ! �_i I w A. ❑ Agent ❑ Addresses C.. Date of Deliver D. Is delive ress di2cdjre:ss 1? CJ Yes If YES, a delivery❑ No 3. Service Type Certified Mail Express Mail Registered Return Receipt for Merchand'isi ❑ Insured Mail I C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number r� '� (Transfer from service label)=_7= 2 �14 6 0 0001 9899 J152 9i� PS:Form 3811, February 2004 ; ; : Domestic! Return Receipt Lv. UD:5- 03gI f02 =0 - A54 UNITED STATES POSTAL SERVICE First -Class M Postage 8, FeeJ USPS Permit No. G-10 • Sender: Please priNt Ar'n" address *"a'n'd.Zl P-k4 in this -box-! JAN F. f C t%'i ij L C lete items 1, 2, and 3. Also complete i' if Restricted Delivery is desired. Wour name and address on the reverse aso ae t wcan return the card to you. Attach this card to the back of the -mailDiece Nor care -. Environment and' 2090 U.S. Higrr+ray?0,i.Swa 1-1� RRY SCOT T SCOTTYS:iI/iOBILE VILLAGEVA 2333 US HIGHWAY 221• BUSiN.ESS� MARION NC 2.3752 ?. Article Number 46 A. Signature x 'L-A )- B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Deliver) . 6 - a 7-0-5 Rem 1? O Yes ;low: ❑ No rlCyll i��� S P4 ,,- L -e Tqpb ziC7 rtifieyd Mail ress Mail :gi; d J turn Receipt for Merchandise ,ur Mail C.D. cteci�eliv (• ra Fee) ❑ Yes IS Form 3811, August 2001 Domestic Return Receipt UNITED STATES POSTAL SERVICE v, CN P M - -1First -Class -Mail --- _Postage & Fees Pe usps 27',,PIA Y rth h"c'unent arid— esouLces, ighvvay 70, Swan-nanoa, �.ic' 28778— NCDENR MS. JANET CANTW� LL NCDENR—DWQ SUkFACE WATER PROTECTION 2090 U.S.. HIGHWAY 70 S,WANJNANOA NC 28778 III If Ill I] li I I Ill I If III I III!!] I If III I I III I 1111111i I I fill III if III 6 rAAste items 1, 2, and 3. Also complete i rf Restricted Delivery is desired. A.Tature X� Print your name and address on the reverse B. eceived b so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits. North Cal <r Dqr)ar Environment `",ure�t �n ' ;Re 2090 U.S Nig•'hwgy 70, SiFt_'T,wbn0ei, ?` .rfx QN�G6� r..y.wrw?W��(i`�� � wuu�avw�e�uua= ima:.-,......at..a'•w.....:.Vs = ...vas,o,s: 3. Se ice Tyr LARRY G SCC� i Certrfiec SCOTTYS NPIOBILE VILLAGE , register 223 H1,1`!KIW D?OAD ❑ Insured NPIARION NC 28752 - 4. Restricted ?. Article Number (Transfer from serv/c? (abpq 1 IS Form 3811, August 2001 yjwl� ❑ Agent Addressee r ( C. Dal rent from iten V r#, �(, ddree belo : WCE J C 'S' N en Q Z ... O0 O I J C7 < � J a' [,I. Press Mai ¢ w eturn RecEOgf 1pi Q e) Domestic Return Receipt — 2 /Y-j '�'- - /nf )4 n 2593 0866 of Delivery 5 —0< Yes No lerchandise I Yes UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fed E rjc, uses :PeFrnifN g tV North• J QS MAR �F ,viror� nan[ as iigl�way 7G.anna, rdr;s' Q-SvifP ?0901.U.S. HIGH AY 7 C S-AAJANN/ NON NC 28; 78 IFl�d'Piilit7}l11d!lJ�it�l�ii�lltld�}llfllif�Iilf}!If!9fl3il11 ■ Complete items 1, 2, and 3. Also complete It 4 if Restricted Delivery is desired. ■ our name and address on the reverse s at we can return the card to you. ■ Attach this card -to the back of the mailpiece, or on the front if space permits. Ern 2090 U. S. H ig NCDENR LARRY SCOTT SCOTTYS MOBILE VILLAGE 141 OVERLOOK DRIVE MARION NC 28752 (Transfer from PSIForm 381l11 J 11 lli 1! A. Signature B. Receive ( Borth Carolina Departme t-,of ; ress ment and .Natural Resou y 70, Svvannanoa, Nc 28 78 I, r�l- � ❑ Agent ❑ Addressei to of Deliven -3-v i Yes No ice Type Iuul w ertifiedp� Mail 3FRegistere-hA"R.tLcMiRecei ''?*,,-,r rchl❑ MInsured I C.O.D. Z 4. Restricted Deli ery7 e l7f es 7004 07:50 4 i 102595-02-M-154 UNITED STATES POSTAL. So' L E � PM Plorth _Ga r��e�arfiwn�'n a �. _200� YIFQIYf11�nt 8 � 2090 U.S. Highway 70, %vannanoa, Plc 28778 NCDENR MS. JANET CANTWELL NCDENR-DWQ-WQS 2090 U.S. HIGHWAY 70 SWANNANOA NC 28778 1, r ■ Complete items 1, 2, and 3. Also complete A. Signat re i elivery is desired. ❑ Agent ■ o nan56 an&a re ❑ Addre ■ �'• 2090 U.S. LARRY SCOTT SCOTTYS 'MOBILE-: VILLAGE 141 OVERLOOK.DRl'E . MARION NC-,y28752 B. Receive914 (Printed Name C. Date of E l6—J ofthCarolina.Departmentof' Iferentfrom item 1? ❑Yes vent and Natural Resources'I address below: ❑ No 70, Swannanoa, Nc 28778 3. Se�pice Type Certified Mail ❑ Express Mail ❑ Registered Return Receipt for Merchandise ❑ Insured Mail 11C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 1680 0002 1293 3335 (Transfer from service label) ,",- I PS Form 3811, August, 2001 Domestic Return Receipt 102595-02-M-154 I %i _'7 MC.I _Ail9vlt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-1 North Carolina- epertmevLt_of 6 Environment and NatgPaf Re§ours+ 2090 U.S. Highway, 70, S§avahnaAN, Nc.287a NCDE,.. MS. JANET CANTWELL NCDENR-DW,Q-11VJQS 2090 U.S. HIGHWAY.70 SL1lANNANOA NC 28778 } i r� ■ GoPfoht ite e is sir ■ the card to you. ■e back of the me ore�oetinit$%lfld 11ALRY LARRY G SCOTT R 141 OVERLOOK DRIVE MARION NC 287`-2. - 2. Article Number (transfer from service labeo PS Form 3811, August 2001 Agent ❑ Addresses B. Receiv y (Printgd Namq / C. Date of Deliver k-PLYr/ df I /O ._%. I D. Is delivery,6ddress different from item 1? ❑ Yes lina Department o. fiery address below: ❑ No Natural Resources nnanoa. Nc" 28778 Certified Mail P,Express Mail egisteredjPeturn Receipt for MerchandisE ❑ Insured Mail M C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7003 1680, 0002 1293 3359 Domestic Return Receipt 1 -At - *7 MU-/IUP�ti 102595-02-M-154 UNITED STATES 0'0'S'WAL'194WE" H ... 1111111141 11 11 . I 111"Wifill First -Class Mail Postage & Fees Paid USPS Permit No. G-10 North Gar6lipa Department, of Environmqnt.�;Nhq ? b.4 Highway,70, SW nnan HCDENR MS. JANET CANTWELL NCDENR-DVVQ-VVQS 2090 U.S. HIGHWAY 70 SVVANNANOA NC 28778 ■ Complete items 1, 2, and 3. Also complete=-=- A. Signat re -itemA if Restricted Delivery isdesir'eaii: ❑Agent ■ Print your name and address oniffe rejerse , % % ❑ Addressee so that we can return the card #o yoa"'. ived by rin am bate of Deliveq ■ Attach this card to the back of the mailpiece, or on the front if space permits. -- • .: .. , i eren ern ❑ 1? es North Carolina' Depar(xriei'oi low: Q� o s ®, -Environment and.IVatur>`.,P.esoorc • 2090 U.S. Highway 70, Swannanoa, Nc 2577 p i - C CO Service Type ertified all LARRY G Sr,OTT :fegistereq Express Mail Q '141 O�'ERLOOK. DR9VE FL etuu�,�3Recei � r Merchandise MARiO .�,1� 287 52 -, ❑ Insured M it C.Od? w c Q 4. Restricted Dill (Extra Fee) ]r 2. Article Number (6ansfer,trom service iabeq 7 3 16 8 0 —0 0 0 2 ?S Form 8811, August,2001.. .. Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE North Carciinia-D?�arment of SE Environinent and'Naiural Resources _ ' ' ` •. 000 J ,7-HIgl7+,:3y 70• S'taanranna, ,!c 28770 Y. NC:-(,Ei"i R—!.?vvit i'a= r a ��Complete items �; 2, and 3. Asc�.colip�t = A. Sign e iternf4<if.. estreii Delivery is„2lesir�d;,,� . �.- ■'Prir�t your name and address►.#ttereverse o so that we can return the card:�to..you�_�G Received ■ Attach this card to the back of the mail ip ece, __�i ❑ Agent ❑ Addriesse( C. Date of Deliver) �_�� north Carolina: 0!WMe;lt ' Is different from item 1? ❑ Yes o . « environment and Natural Resour s'very address below: ❑ No 2090 U.S,;Highway.70, S"•annanoa, tVc-23Z7$. NCD- E }= _ V E n 'Lfi,RRY{ &CO T T 3 ice Typ11: J Li�0+ '141 G V �n LQ O K • C� R i V Certified Mail Express Mail MAR { �3 N, ;�! �� °'a%52 ❑ Re istered Return Recei ❑ Ins-- - 2. Article Number (Transfer from service label) 7003 1680 0002 1293 315.1- . z 'S Form 3811, (august 2001.. • Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE M`ni . ina Department of and Naturai Resources '? i,iC 2 i (i5 Q% I •'. - ■ le items 1,-2, and 3 Aj's'0dtbM--pr6t-e Ie, ' 4 f Restricted DeIiveryis,'detft.-,ff—`-` - A. Signa� ■ your name -and address;8Me�rs6- so that we can return the cardto- 'B. Rerc North Carolina Depart Envirohment and Natural Re 2090 U.S. Highway 70, Swannan'oa,, N6 N C 'D E.- 1k LARRY G SCOTT 141 OVERLOOK DRIVE 3. Sery M�,RION NC 28752 rt R gl: EE11 In u n 4. 13 Agent 11 Addressq (4, ted No.) —A,6.--Date of Deliver) A meat sourc different from item 11 mi? ❑ Yes 287e -ry address below: E3 No HI T �jj J U N 2 5 2004 ed all 13 Express Mail i 7 2. Article Number I r 7003 1680 0002 1293 3144 (Mansfer from service SECTION �S Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE 1141VP, -D— —�lass,Mail .,�t—o x. Goon: :�itla Departm nit of • +7 �' EnvironmenL and Natural- Resources 2090 U.S. Highway 70, Swannanoa; Nc 28778 MS. JANIfT CANTWELL NC®ENR=DWQ-WQS 2090 U.Sf H6GHVl/,Y 70 SWANNANOA NC'28778 ■ C mplete items 1, 2, and 3. Also complete A. Sign >' if Restricted Delivery is desired. ❑ Agent ■ your name and address on the reverse ❑ Addresser s rat we can return the card to you. B. Receiv y n ■ Attach this card to the back of the mailpiece, e ofD erg or on the front if space permits. D. Is delivery ad ess die item l? ❑ Nortf,'Caroiina,Departrnen+ of � I : -... -fry belogg ❑ p W A11110A. Environment:and Natural-Resourceso C-0 59 Woodfin Place, Asheville,fNC 28801NCDENK + _� 3-Se !ce ype �— LAR RY G SCOTTertified Mail s Mail SCOTTYS MOBILE VILLAGE� Registered ❑ Insured Mail a disc IJ S: H l G I-i WAY 221 NORTH 4. Restricted Delivery? (Extra Fee) es MARION NC 28752' 7001 510-0009..s] 2��.! 46.5� , ➢: ! :.t e _ �S1F- OrfT1TT,Ugus t0�. DolesticRett�rn Receipt �illli �iiit i�► i i fii 102595-02-M-154, tr i 1t i UNITED STATES POSTAL SERVI'C"mEv,\\,t-E, First -Class Mail 0� p M & Fe Paid P m �Ipeffnq, 05 440V rih Caro Ui 1;M. cx!1,51 vA F;9 V,00dfin C 2880", �HKDEH-&R ' ' R. vv % L) F19 VVID-ODFIN PLAU'VE ■ C ete items 1, 2, and 3. Also complete it' t if Restricted Delivery is desired. ■ P our name and address on the reverse so at we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SCOTT Yfs MOOR- VILLAGE MARION, NC �3 o 52 I A. Received by C. U LJ Agent ❑ Addressee Is deliv address erent from i em 1? ❑ Yes If Y , enter delivery address below: ❑ No e ice Type LA Certified Mail ❑ /Eres ❑ Registered rn ❑ Insured Mail ❑ C.O.D. 3 Mail Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article O Number (Copy from rvice la9 PS Porm,3811) July 1999! j ' ,+' Domestic Return Receipt, ' '' 1 t' 102595-99-M-1789 UNITED STATES POSTAL SERVE& First -Class a staga-&-Fe e it-N 610 z 'North `ftrl." Iol i'l t t�!Y.11 N Ni 9 )1`1' 01, Ylik O� AIXUY AWRY i. A RJR Y FR, OS T tJCL)E-IMR -, DWQ - VVQ S' 5�1, IVIVOODFM PLACE "HIE ILLS, NC 28801 Central Files: APS___ SWP___ 08/31/09 Larry G. Scott Primary Reviewer Regulated Activities Trailer park WQCSD0357 Scheduled Issuance Permit Contact Affiliation Draft Initiated 1.00 Version Minor Major/Minor Permitted Flow Owner Facility Dates/Events Individual Permit Classification New Project Project TypeProgram Category Non-discharge 28752NC ExpirationEffective 09/15/08 Owner Name IssuePublic Notice Permit Type Location Address County Coastal SW Rule Facility Name Region Status Active Asheville 09/15/08 wanda.frazier McDowell Deemed permitted collection system management and operation Marion 2333 US 221 Business Scotty's Mobile Village Permit Number App Received 09/12/08 Permit Tracking Slip Orig Issue 09/15/08 Owner Type Non-GovernmentLarry G Scott NCMarion 223 Hankins Rd Owner Affiliation 28752 Facility Contact Affiliation NULLOutfall Waterbody Name Stream Index Number Current Class Subbasin