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
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SWANNANOA NC 28778
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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
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RETURN TO SENDER
CERTIFIED MAIL. NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
RETURN RECEIPT REqk SC. .287709211'9® *1880-02000-la-28
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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
. . .................. . ....
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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
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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�
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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 _.
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_ Postage $
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L)H U G' _ �M I 0 Restdcted iSelWery Fee
I Lt/U� ` Q' (Endorsement Required)
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Total Postage & Fees
O
WATEF- QUALITY SECTION �
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ASFiEd Sent To_VIL REGIONAL OFFICE ^'• " "
CERTIFItD MAIL4---
�-,- TURN RECEIPT REQUESTED
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■ 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
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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
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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 _
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SWANNANOA NC 28778 - -- 8 c 2
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7004 0750 0000. 25`�3' I14".�',_ T a 7 r cs
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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
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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
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223 i zr NK-1,,i ROAD
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4. Restricted Delivery? (Extra Fee)
❑ Yes
1 2. Article Number
7004 0750 0000 2593 0 9-Lt u--
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PS t=orm 3811, August 2001 ' I Domestic Return Receipt
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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
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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
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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:
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Message:
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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 "
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_ \.� \ 1 .fly '` � 'r, ' •I \ '\:;
rnru
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�; 11 -- \ -railer •� n4Vi
Par
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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.
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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)]
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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.
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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]
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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
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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
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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
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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;
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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.
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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
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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
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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
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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.
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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)
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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
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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
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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
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❑ Regl4eQ-
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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
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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)
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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 •
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Surface Water Protection Section
-�090 U.S. Highway 70
Swannanoa, ITC 28778
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item 4 if Restricted Delivery is desired.
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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
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■ C lete items 1, 2, and 3. o com..._ plete__.
if RestrictAls
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1. Article Addressed to: �.
LAF-RY G SCO'i t
223 HANKINS ROADTj [f U u
MARION NC 2875216564 -- —
A:
❑ Agent
❑ Addresse(
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D. Is deliv erent from item 1? ❑ Yes
If ery dress below: ❑ No
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❑ Insured Mail 9 C.O.D.
4. Restricted Delivery? (Extra Fee) ❑
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UNITED STATES POST . 4L.SERVICE
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D. Is delivery address different from item 1? ❑ WSA�LC
If YES, enter delivery address below: ❑ No
3. ice Type..
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❑ Express Mail
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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-
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• Sender: Please`print'your name, address, and ZIP+4•in this box •
■ (Mete items 1, 2, and 3. Also complete A. Signat9x
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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!",,,
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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
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❑ Agent
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C.. Date of Deliver
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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
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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
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B. Received by (Printed Name)
❑ Agent
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IS Form 3811, August 2001 Domestic Return Receipt
UNITED STATES POSTAL SERVICE
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27',,PIA Y
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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
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A.Tature
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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, ?`
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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
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UNITED STATES POSTAL SERVICE First -Class Mail
Postage & Fed
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:PeFrnifN
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J QS MAR �F ,viror� nan[ as
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■ 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
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A. Signature
B. Receive (
Borth Carolina Departme t-,of ; ress
ment and .Natural Resou
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UNITED STATES POSTAL. So' L E �
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2090 U.S. Highway 70, %vannanoa, Plc 28778
NCDENR
MS. JANET CANTWELL
NCDENR-DWQ-WQS
2090 U.S. HIGHWAY 70
SWANNANOA NC 28778
1,
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■ Complete items 1, 2, and 3. Also complete A. Signat re
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■ 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 }
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■
the card to you.
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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
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❑ 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
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2090 U.S. Highway 70, Swannanoa, Nc 2577
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LARRY G Sr,OTT :fegistereq
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'141 O�'ERLOOK. DR9VE FL
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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
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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-
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MAR { �3 N, ;�! �� °'a%52 ❑ Re istered Return Recei
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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
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■ 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
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11 Addressq
(4, ted No.) —A,6.--Date of Deliver)
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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,
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:�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,
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or on the front if space permits.
D. Is delivery ad ess die item l?
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Nortf,'Caroiina,Departrnen+ of �
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Environment:and Natural-Resourceso
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59 Woodfin Place, Asheville,fNC 28801NCDENK
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LAR RY G SCOTTertified Mail s Mail
SCOTTYS MOBILE VILLAGE� Registered
❑ Insured Mail
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IJ S: H l G I-i WAY 221 NORTH 4. Restricted Delivery? (Extra Fee)
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MARION NC 28752'
7001 510-0009..s] 2��.! 46.5� ,
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102595-02-M-154,
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UNITED STATES POSTAL SERVI'C"mEv,\\,t-E, First -Class Mail
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■ 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
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A. Received by
C.
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❑ Addressee
Is deliv address erent from i em 1? ❑ Yes
If Y , enter delivery address below: ❑ No
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LA Certified Mail
❑ /Eres
❑ Registered
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❑ 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
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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