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HomeMy WebLinkAboutNC0057401_Regional Office Historical File Pre 2018 (2)Certified ; all #7016137 00 3 rn el R u'; to March 11, 2019 Steven Yager CoGo Properties LLC 1300 Altura Rd Fort Mill, SC 29700 SUBJECT: NOTICE OF Tracking Number; NOV-2019-LV-0159 Permit No. NC0057 01 The Hideaways WWTP Mecklenburg County Gear Mr. Yager. review of the January 2019 Discharge Monitoring Report (DMR) for the subject facility revealed theviolation(s) indicated below: n" Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOO, 5-pay (20 Deg. Q - . 1/31/2019 30 35.95 Monthly Average Exceeded Concentration (C0310) Remedial actions, if not already implemented, should be taken to correct any noted problems. The Division of Water Resources may pursue enforcement actions for this and any additional violations. if the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent (SOC). ors Wooa Din. , * QuAiAY 1 DiVSVA Of Wstsr Rtsoaftes Voo,**1v*,**g. 0 1 11) U1 Ce0tefAVV14*,Sul*3011 "' ,Noaht*ot r t If V6u hie' 4 qu ti ns concerning this matter or to apply for an SOC, please contact Wes Bell of the Mooresville Regional Office at 04-66-1, Sincerely, C ocuSigned by; A14C 661AF27425.:. W. Carey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: W S Mooresville Regional Office - Enforcement File (LaserFiche) NPDES Compliance/Enforcement Unit - Enforcement File (Las rfiche) dh Ctgat 4 Eftwoom"tw qutty I Dnisoft of WSW Rtsftroes M -4efOftoe # SIO Eta " m , Suu 301, I' a l� Noes car0at 20115 n 7 - a$ Steven T. Yager I ..'Aserfiche !"N"'Ov '1018 CIoGo Properties LI.LC WcaFIs,"S 300 Altura Read MIOORES UE REGIONAL OFFICE Fort Mill, SC 29708 October 29, 20113 W. Corey Basinger Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDE( 610 East Center Avenue Suite 301 Mooresville, NC 2811 Subject. NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number; NOV-2018-LV-0723 Permit No. NCO0 7 01 The Hideaways WWTP Mecklenburg County ?ear Mr. Basinger, This is in response to your letter dated October 16, 2018. The violation was unavoidable. The sampling event was following the repair of the RBC and "restart." The RBC and its basin were washed and pumped out to facilitate repairs, thin removing the biomass needed from the unit. Without a fully established and healthy biomass', the treatment does not happen. The violation was only slightly over the limit, however, it was the only sample for the month. Therefore, there were no other sample values to average that may have brought the monthly concentration into compliance. After a week of operation, subsequent samples were satisfactory. Sincerely, Steven T. Ya FILE x� ROY COOS NORT4 CAPOUNA G EAVOvinmental Qvwify N-IICEAEL S. REGkN. IS-1-MrY Certified Mail #7016 1370 Retum e1 October 16, 2018 Steven Yager Go Go Properties LLC 1300 Altura Rd SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2018-L -0723 Permit No. NCO057401 The Hideaways WVVTP Mecklenburg County Dear Mr. Yager. review of the July 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Li t Exceedance Vlolationl Sample Limit Reported Location tion are eter Date Value Value Type of Violation 001 Effluent BOO, -Day (20 Deg, C) - 7/31/2018 30 36.7 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 1 3-215 1 and the facility's NPDE WW Permit. Pursuant to G.S. -21 .6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to C.S. 143-215.1. North Carolina Department of Environmental Duality f Division of Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 29115 704-663-1699 A If you wish to provide additiona discuss overall compliance plea! review of your resDonse will be information regarding the Lf ywqA Ifull,'zo ully yuc cc era s—Wl n-V'a fill 1%3 aa®o Ifluk".V-1 wt L'-# UAFPIY a utl x p lra uac c aeccae»c xxca ac V1 1.11%;; Mooresville Regional Office at 704-663-1699. Sincerely, DolcuSigned by: A14CC681AF27425,., W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche) NPDES Compliance/Enforcement Unit - Enforcement File (Laserfiche) North Carolina Department of Environmental Quality I Division of Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 Al ROY COOPER Governors MICHAEL S. REGAN secretary Water Resources . JAY ZIMMERMAN Environmental Quality Director September 20, 2017 CERTIFIED MAIL 7015 120 0000 7838 4696 RETURNCJEIPT REQUESTED Mr. Steven Yager GoGo Properties, LLC PO Box 24077 Charlotte, NC 2 220 Subject. NOTICE OF VIOLATION (NOV-2E 17-LR-U136); Late Discharge Monitoring Reports (Dtv1Rs) July 2017 The Hideaways WWTP DES Permit NCO057401 Mecklenburg County Dear Mr. Yager: This is to inform you that the Division of Water Resources did not receive the monitoring report for July 2017. This is in violation of Part U, condition D. (2.) of the NPDES permit, as well as 15A NCAC 2B .506(a), which requites the submittal of Discharge Monitoring' Reports no later than the last calendar da followin the re rtin eriod. Failure to submit reports as required will subject the violator to the assessment of a civil penalty of up to $25,000 per violation. To revent further action lease submit the renorts within fifteen 15 days of recei t of this notice. If this fnility i inactive or not t ctnctrn€:ted vnti mgv gtthmit a written rerni st to susnend monitorinLy. The cc: INPDES .Pile Central Files des notice that this office will 'recommend the assessment of civil penalties if I within the re uired time frame duriniz the next twelve 1 renortina �kc these steps because timely submittal of discharge monitoring reports is ration of our water quality programs. We appreciate your assistance in this ions about this letter or discharge monitoring reports, please contract Derek is e-mail at derek.denard ncde .gov. Smcc ly; S. Jay Ziminernmnan, P.Gs, D or Division of Water Resources, NCDEQ State of North Carolina ( Environmental Quality 1617 Mail Service Center i Raleigh, North Carolina 27699-161 919-707-9000 ' Steven T. 'Yager CtoGo Properties LLC 1300 Altura Road W Q4 40` x Fort Mi11, SC 2 '7(IQ February 20, 2018 W. Corey Basinger Regional Supervisor Water Quality Regional Operations Section Mooresville Re6onal, Office Subject In Mt Dear Mr.13 is are to sell or develop this property. r n: SVC-DENR.dwq.epay <4Ag-ep-ay@-n-c-d-e-n-rfl-o-v> ,: April 25, 2016 at 11:27:53 AM EDT seven Yager <steven,vagerCa)isc-maH.corn> (aren Wynn < lect: RE: Billing Address Change Request 1617 Mail Set -vice Center Raleigh NC 2 7699- / 617 919 807 6,316 (7FL) 919 807 6490 (FAX) From: Steven Yager fmailto-stevei Re: NCO057401 Please chanee the billine addr 2Lisc-rnaikoml knLgov> :om> :ROM: ;teven Yager 3o Go Properties LLC �O Box 240772 'harlotte, NC 28226 NK "0: Lit ;teven Yager 3o Go Properties LLC .300 Altura Road MUMNAMMI `hank you, Fteve RFCUVED/NCDENrq/DWr4 3 1 2016 Steven T. Yager WGROS GoGo Properties LLC MOORESVILLr q'-zG,10NAL OFFICE 1300 Altura Road Fort Mill, SC 29708 August 30, 2016 W. Corey Basinger Regional Supervisor Mooresville Regional Office Division of Water Resources 610 East Center Avenue Suite 301 Mooresville, NC 28115 Subject: Notice of Violation & Notice of Recommendation for Enforcement Tracking Number NOV-2016-PC-0409 The Hideaways WWTP NPDES Permit NCO057401 Mecklenburg County Dear Mr. Basinger, This is in response to your letter dated August 16, 2016, regarding the August 11, 2016 inspection. The pump had broken on August 10t", the day before the inspection, and a new one t was on order. By Friday August 12h , the pump had been replaced and was operational and all issues noted during the inspection were addressed as well. Sincere Steven . Yager w. PAT MCCROR°Y f. N"' trt„•�}Y�s DONALD R. VAN DER VAART �e` 1 e tall1' i "t ENTALtrrces S. JAY `SIMMERMAN ENVIRONMENTAL dint rry r�rx�<'rtx, June 24, 2016 IV V Steven Yager Ot.m Co Go Properties LL.0 PO Box 240772 Charlotte, NC 28226 Subject: NPDES Electronic Reporting Requirements The Hideaways WWTP NPDES Permit Number: NCO057401 Dear NPDES Permittee: The U.S. Environmental Protection Agency (EPA) recently published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule. The rule requires NPDES regulated facilities to report information electronically, instead of filing written paper reports. The rule does not change what information is required from facilities, it only changes the method by which information is provided (i.e., electronic rather than paper -based). EPA is phasing in the requirements of the rule over a 5-year period, The two phases of the rule, and their key milestones, are: Phase 1 —Starting on December ember 21,2016, regulated entities that are required to submit Discharge Monitoring Reports (IMRs) will begin submitting these reports electronically. If you are currently reporting your [AMR data electronically using eDMR,'then you simply need to continue reporting in the same way as you are now. The key change is that, starting on December 21, 2016, electronic reporting of DMRs will be required, instead of voluntary. s Phase 2—Starting 'on December 21, 2020, regulated entities that are required to submit certain other NPDES reports will begin submitting these repeats electronically. Reports covered in the h..=�� �_ 11�_ ut- rvvtm_tua ul iment io aiscnarge in compliance with an NPDES general permit, Sewer Overflow/Bypass went Reports, and a number of other NPDES program reports.` Incorporating Electronic Reporting Requirements into NPDES Permits The NPDES Electronic Reporting Rule requires authorized NPDES programs to incorporate electronic reporting requirements into NPDES permits beginning December 21, 2015.Under the new rule; the electronic reporting process supersedes the paper reporting process. According to our files, your NPDES permit became effective after November 2015, and should contain the requirement to electronically report your Discharge Monitoring Reports using NC 0WR's eDMR system, In addition to requiring permitte s to report information electronically, the rule also requires permittees to identify the initial recipient for the NPDES electronic reporting data [see 40 CER 122.41(l)( )). Initial State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center i Raleigh, North Carolina 27699 1617 .. 01 0 RAII Cann recipient of electronic NPDES information from WDES-regulated facilities (, entity (EPA or the state authorized by EPA to implement the NPDES progra for receiving electronic NPDES Data [see 40 CFR 127,2(b)). Permittees are submit the required NPDES information to the appropriate initial recipient, 18, 2016, EPA must identify and publish on its web site and in the Federal I recipients by state and by NPDES data group. Once available, you can use determine the initial recipient of your electronic submission. NC DWR has submitted a request to EPA to be the initial recipient for the f 1. Discharge Monitoring Reports; 2. General Permit Reports [Notices of Intent to discharge (NOls); Not 3. Pretreatment Program Reports; and 4. Sewer overflow/Bypass Event Reports 3 Electronic Reporting Rule, visit �a o KACE ENVIRONMENTAL, . 2905 d Rd phone (82 ) 657-1810 Mooresboro, NC 28114 Fax (82 6 ' - 66 February 2, 216 NCB Dept of Environmental Quality RE: Response'to Alternative Analysis for Mooresville Regional` Office Connection to Riverpoint WVffP Surface Water Protection, : Wes Bell The Hidaways WWTP 610 E. Center Avenue NPDES Permit Number NC0057401 Mooresville, IBC} 28115 To whom it may; concern: e purpose of the letter Is to respond to the section on pagre 5 ofthe NPDES Permit issued to The idea ays WWTP on April 10, 2015 requiring "Alternative Analysis l r Connection to Riverpoint WWTP"" Ken leaver of KACE Envirownental contacted Unlit es, Inc, the owner of the R fiver oint Subdivision d obtained ed a letter on April 10, 2015 from them. stating t they would. not be able to add the connection. A copy of that letter is on the following page. sill Rac alGl r Compliance Managee KACE Environmental, Inc, 2905 Wood Rd. -Mooresboro, NC 28114 rachael@kaceinc.com l aceinc.cc IF 000 'Utilities. Inc.- 25 Kerr Deaver Kate Environmental, Inc. 2905 Wood Road Mooresboro NC, 28114 Reference: 1 r ion Dear. Mr Deaver, Thanks for vour recent request to tie the Hideawav wastewater treatment facility into the Collection System at the Riverpoint Subdivision. After an evaluation of our treatment facility we will not be able to add this connection. if a need further clarification please do not hesitate to contact at the below number. h Adam James Area Manager Utilities, Inc 704-319-0500 vr.Gardna Water Serves, Inc. of Norte Camlina O, . 7W- 1 Wesipark Dr,, Suk 101 # ChaW 10m: Rachae ant: Thursd 0: Bell, W M 'Stever abject: Hideav ttachments: Hidawi nportance: High fes, so advise. Thank you, Rachael G. Kramer Compliance Manager KACE Environmental, Inc. (828) 657-1810 rachael@kaceinc.com I <rachael@kaceinc.com> 3y, February 25, 2016 10:26 AM as Pager'; Karen Wynn; 'Ken Deaver' ,ays WWTP NPDES Permit # NCO057401 Sys connection to Riverpoint 2.25.2016.pdf l � M t PWA t �,�IIMIM�IM���MIMMII�M�MMIIMe. North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Govemor Secretant {l �w.. L August 17 2Ci1 Mr. John Rosenblatt, Owner GoGo Properties, LL.0 Post Office Box 240772 Charlotte, NC 282 SUBJECT: Compliance Evaluation Inspection The Hideaways WWTP NPDES Permit NCO0574 1 Mecklenburg County, N Dear Mr. Rosenblatt. On July 31, 2015, Mr. Kenneth Friday of the Mecklenburg County Water Quality Program (MCWQP conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Resources (DWR). Please ensure that a copy of the enclosed inspection report is forwarded to the facility's Operator -in -Responsible -Charge (ORC). The inspection report should be self-explanatory; however, should you have any questions concerning the report, please do not hesitate to contact Mr. Wes Bell of this Office at (704) 288-21 g2 and/or Mr. Friday at (704) 280-2926, or at wes.bell(&ncdenr.gov and kenneth.l=rida mecklenbur count nc. ov. Sincerely, Michael L. Parlor, Regional Supervisor ' Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, D NR Enclosure. - Inspection Report Cc MSC 1617 — Central files basement Rusty Rozzelle, MC QP W Mooresville Regional plc Location: 616 East Center Ave„ Suite 301 Mooresville, SIC 26115 Phone: (704) 66-169916`ax: 704) 663 040 i Customer Service,1-877.623-674 Internet hftpJ1por1a1,ncdenr.org/web1wq An Pn»: € t"imnrvrtrn;hr t AfFi—fi- A, 6na C nWw— AMA Reanvntesr#tlM P-1 r nmompr nand, Form Approved' MS No2040-057 , 0 Water Compliance Inspection Report Pp""I akpi", 8-31-98 United States Environmental Protection Agency EPA Washington, 11C, 20460 Section A: National Data System Coding (i.e., PCS) Transaction Code NPOES yrtmolday Inspection Type Inspector Fac Type I LJ 2 El 3 NC0057401 11 121 15/07/31 117 18 191SI 201 1 Li 211 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 Inspection Work Days Facility Self -Monitoring Evaluation Rating 81 QA ---------deserved--------_- — — 67 1'0 7014 1 71 IN 1 72 LNJ 73 74 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POT, also include Entry Time/Date Permit Effective Date PO TW name and NPOES permit Number) 11:00AM 15/07/31 15/07101 The Hideaways WWrP 16104 York Rd Exit Time/Date Permit Expiration Date Charlotte NC 28278 11:45AM 15/07131 20/06130 Narne(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) Other Facility Data N Kenneth M Deaver/ORC/828-289-93801 Name, Address of Responsible Officiali"ritte/Phone and Fax Number Contacted John E Rosenblaft,PO Box 240772 Charlotte NC 28224/1704-904-1481/ No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & maintenance Records/Reports Self -monitoring Program Sludge Handling Disposal Facility Site Review Effluent/Receiving Waterlit Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See aftaChment summary) Name(s) and Signatures) of Inspectoris) Agency/Office/Phone and Fax Numbers Date Water Quality Program Meckenburg County MRO WO/t704-336-54491 Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date Wes Bell MRO WQ/1704-663-1699 Ext. t EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete, Page* NPDES yr/motday Inspection Type 1 31 NCO057401 12 (1 15107/31 117 1 Section D. Summary of Finding/Comments (Attach additional sheen of narrative and checklists as necessary) Page 2 Permit: NCO057401Owner-Facility: The Hideaways WWTP Inspection Data: 07/31/2015 Inspection Type. Compliance Evaluation E errnit Yes No NA NE (if the present permit expires in 6 months or less). Has the permmttee submitted a new © d 11 13 application? Is the facility as described in the permit? 11 El El E3 # Are there any special conditions for the permit? El Is access to the plant site restricted to the general public? M El 1 Is the inspector granted access to all areas for inspection? 11 El Comment: The Division received the permit renewal oackaae on 12/30/2014, A new oermit was reissued with an effective date of 7f112015. The last compliance evaluation ins ection was gerformed at the facility on 617/2013 b MC W P staff. Record Ke &n Yes L2 NA NE Are records kept and maintained as required by the permit? 0 0 1 1 Is all required Information readily available, complete and current? In 0 11 Are all records maintained for 3 years (lab. reg. required 5 years)? ® Q Q IN Are analytical results consistent with data reported on DMRs?_ in Q El Is the chain -of -custody complete? 0 El 11 El Cates, times and location of sampling Name of individual performing the sampling Results of analysis and calibration Cates of analysis Name of person performinganalyses Transported'COCs Are CMRs complete: do they include all permit parameters? Has the facility submitted its annual compliance report to users and CWQ? ® Q (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? Q Is the ORC certified at grade equal to or higher than the facility classification? IN 0 Is the backup operator certified at one grade less or greater than the facility classification? 0 0 0 Is a copy of the current NPCES permit available on site? 11 [l El C1 Facility has copy of previous years Annual Report on file for review? ® Q Comment: The records reviewed during the ins ection were well maintained; Dischar e Monitoring Reports ( DMRs) were reviewed for the Deriod June 2014 through June 2015. No limit violations were re reed. Page# ' 3 Permit: NCO057401 Owner - Facility: The Hideaways WWTP Inspection Date: 07/3112015 Inspection Type: Compliance Evaluation LikMLOM )LOS N2 NA L4 Are field parameters performed by certified personnel or laboratory? 0 0 0 0 Are all other parameters(excluding field parameters) performed by a certified lab? M 0 00 # Is the facility using a contract lab? N 0 13 13 # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees N 0 C1 13 Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? a 0 0 13 Incubator (BOD) set to 20.0 degrees Celsius +/- 1,0 degrees? 11 El 1:1 El Comment: On -site field analyspLs (gH, total residual chloriLie, LemperatuLe) are ge!jormed under Kate Environmental's field labo[gLoa certification #5424. Water Tech L@Ls, (ROL), , TSS.ammonia, fecal coliform, total nitrogen, total phosphorus) has also been contracted to grovide analcal supgort. Effluent Sam 2 Lin Yes No NA NE Is composite sampling flow proportional? 13 0 0 0 Is sample collected below all treatment units? 0 0 130 Is proper volume collected? 10 0 El 1:1 Is the tubing clean? 1:1 El In 13 # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees C1 1:1 0 El Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type a 0 13 El representative)? Comment: The subiegt permit reguires effluent grab samples. Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? 0 0 0 0 Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 13 0 Is 13 Solids, pH, DO, Sludge Judge, and other that are applicable? Comment* Rum g Station - Influent )Los No NA Ng Is the pump wet well free of bypass lines or structures? M El 13 1:1 Is the wet well free of excessive grease? 0 0 11 13 Are all pumps present? 0 El 11 El Are all pumps operable? M 0 0 0 Are float controls operable? M 0 0 0 Is SCADA telemetry available and operational? Page# 4 Permit: NCO057401 Owner - Facility. The Kdeaways U P Inspection Date: 07/ 1/2015 Inspection Type: Compliance Evalcaation Pampa Station - Influent In No NA N Is audible and visual alarm available and operational? ❑ 0 In ❑ Comment: Rotating Bliological Contactor Yes No NA N Is the unit free of excessive sloughing of growth? 11 ❑ © ❑ Is the unit operational? Are media panels in good condition? M ❑ 0 ❑ Comment: The facility's RBC runs continuously providing aeration and filtration. The treatment unit is current!y oge[gt!2g without issues. Maintenance on the IBC was dom leted on /2 /2015 that included the reril cement of the motor. Di infectiAll-Tablet Yes No NA N Are tablet chlorinators operational? 11 13 ❑ ❑ Are the tablets the proper size and type? 0 0 ❑ ❑ Number of tubes in use? 'I # Is de -chlorination substance stored away from chlorine containers? a 0 Q Cl Are the tablets the proper size and type? Is C1 ❑ ❑ Comment: The chlorination and dechlorination tablets are gitoL d segarately in their res active flue gallon plastic containers. Are tablet de -chlorinators operational? 10 ® ❑ ❑ Number of tubes in use? 1 Comment: Pumo Station . Effluent Yes No NA N Is the pump wet well free of bypass lines or structures ❑ ❑ ❑ Page#` Permit; NCO057401 Owner - Facility: The Hideaways WWTP Inspection bete: 07/31/2015 Inspection Type, Compliance Evaluation PULD9 5ta1120 - Ef luent Yes No NA NE Are all pumps present? In 0 Are all pumps operable? 11 C1 ©'13 Are float controls operable? 0 Is SCADA telemetry available and operational? © 0 In Q Is audible and visual alarm available and operational? Q El In 0 Comment. Flow Measurement - Effluent Yes No NA NE Is flaw meter used for reporting? ❑ 0 11 El Is flow meter calibrated annually? ❑ 0 0 ❑ Is the flow meter operational? (If units are separated) Does the chart recorder match the flow meter? © Comment: Instantaneous flows are based on the runtime of the effluent um . Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? 0 [l ❑Q Are the receiving water free of foam other than trace amounts and other debris? 11 0 1313 If effluent (diffuser pipes are required) are they operating properly? Q 13 0 0 Comment: Page# 6 Utilities, DeaverKen Kace EnVironmental, Inc. 2905 Wood d Mooresboro, NC, 28114 Reference: Hideaway WWrP connection Dear. Mr Deaver, Thanks for your recent request to fie the Hideaway wastewater treatment facility into the Collection System at the Riverpoint Subdivision. After an evaluation of our treatment facility we will add this connection. If youneed further darification please do not hesitate to contact at the below number. s JamesAdam Area Manager Utilities, Inc 3 VFV Allocco, Marcia From. Rach el <rachael@kaceinc com Sent: Monday, April 20, 2015 2:51 PM To: Kinney, Maureen, `Tamara Swan';'John Rosenblatt', kern@kaceincrcom Cc: Allocco, Marcia Subject: RE: NCO057401: The Hideaways NPDES Permit Renewal Application Attachments: Hideaway WWTP Connection Denial from Riverpouint Subdivision - Utilities-Inc..pdf Importance High Everyone, Good afternoon. Attached is a letter from Utilities, Inc.,, the owner of River°point Subdivision, They are unable to add a connection for Hideaways WWTP. Are we now ready to proceed with the renewal of the NDPES Permit, or is there further information needed? Thank you, Rachael G. Kramer Compliance Manager KACE Environmental, Inc. (828) 657-1810 rachael kaceinc.ccam From: Kinney, Maureen [rnailto:Maureen.Kinne n denr. dv] Sent: Thursday, March 19, 201511:417 AM To: Tamara Swan; rac ael ace nc,corn; JohnRosenblatt; ken@kaceinc.com kaceinc.com Cc: Allocco, Marcia' Subject: NCC0574101: The Hideaways NPDES Permit Renewal Application am This NPDES permit is ready for renewal. I am awaiting a response to the inquiry below: Please advise, thank you. Maureen Kinney , From: Kinney, Maureen Sent: Monday, February 02, 2015 7:04 AM To: Tamara Swan' Cc: Allocco, Marcie Subject., RE: NCO057401 The Hideaways NPDES Permit Renewal Application Hi Tamara Below is the >Special Condition added during the last permit renewal. I've copied Marcia Allocco of the Mooresville Regional Office in case your have questions. Please feel free to forward either the report or a copy of a letter from Riverpointe stating they will not accept The Hideaways wastewater. 1 y questions should From, Tamara Swan [rna lto.tamara r i roducts.com] Sent: Friday, January 30, 2015 3.57 PM To: Kinney, Maureen Subjects NCO057401: The Hideaways NPDES Permit Renewal Application Hi Maureen, John Rosenblatt has asked me to handle this for you. I heed to contact KALE to find out if they have handled this. Can you please send ME the copy of what I need to follow up on? So I can help you? And tell me specifically what you need. Thanks somuch! Tamara Swan Director of Special Projects 704.525. 1852 704.525.1859 - FAX Products T'r. ff 2 From: "Kinney, Maureen" < aureen.Rxtirae ,'i)nccfenr, �� Subject: RE: NiCO0 7401: The Hideaways NPDES Permit Renewal Application Date: : January 29,`2 15 2:03:55 PM EST To: John Rosenblatt <`�>hn� i r i rc�cldc . ra r� Cc: '"Allocco, Marcia" <niarci .al sc o(d)ri eur. Good Afternoon Mr. Rosenblatt,` I have drafted your renewal and a copy has been sent for your review and/or comment, I've attached a copy for your convenience and need to follow up with you on Special Condition ,(4.) 9t rnoti e Analysisfor Connection to River ointe i4rWTP. I don't see this in our files and l have checked with our regional office to see if they had one and they had not. Can you confirm whether this was done? If not, can you provide the report/summary? Thank you,; Maureen Kinney 3 MUKAERR North Carolina Department of Environment and Natural Resources Pat McCrory Donald van der Vaart Governor Secretary March 17, 2115 Mr. John Rosenblatt Go o Properties, CL. P.O. Box 240772 Charlotte, North Carolina 2225 Subject; Notice of Deficiency — Monitoring Limitation Tracking Number. Nt D-2015-MV-0042 The Hideaways WWTP NPDBS Permit No. NCO057401 Mecklenburg County' Dear Rosenblatt: A review of the August 2014 self -monitoring report for the subject facility revealed a violation of the following parameter at Outfoll 001 Crate Parameter Reported Value Monitoring Reguirement Week ending 8/ ►/14 Total residual chlorine 28 pg/L on 8/25 Monitor twice per week Remedial actions, if not already implemented, should be taken to correct the cause of the noted violation. Unresolved violations may lead to the issuance of a Notice of Violation anchor assessments of civil penalties by the Division of Water Resources, If the violations are due to a transcription error (data left off the DR) please submit an amended August 2014 DMR (two copies) to this Office along with a cover letter asking for rescission of the Notice of Deficiency. Please address your correspondence to Ms. Marcia Alld co at the letterhead address. Thank you for your attention to this matter. If you have questions concerning this matter please do not hesitate to contact Ms. Allocco at (704) 23 -2204. Sincerely, op Michael L. Parker, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR c: R. Roelle, MCWC2P Wastewater Branch MSC 1617 -- Central Files Basement Mooresville Regional Office Locatiow 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 6 3-60401 Customer Service: 1-877-623-6748 Internet: hgp;t/p rtal.ncdenr.orotwebAN An Equal Opportunity ; A3irrnei ue Action Employer - 3011% Recyete (10% Post Consumer paper PAT MCCR RY � rverrror . 413 Secretary * is S. JAY ZIMMERMAN Waterkesources Director F,NVM0NM 'rAL QUALITY August 16, 2016 CERTIFIED MAIL # 7015 0640 0002 9299 3816 RETURN RECEIPT REQUESTED Mr. Steve Yeager, Owner GoGo Properties, LLC; P.O. Boy: 240772 Charlotte, NCB 2226 Subject: Notice of Violation and Notice of c rr nd ton for Enforcement' Tracking Number NO -20-PC-0409 The Hideaways WW1`P NPDES Permit NC O05'7401' Mecklenburg County Dear Mr. Yeager: Enclosed is a copy of the Compliance Evaluation Inspection report ' or the inspection conducted at the subject facility on August 11, 2016, by Gri Tuvia Kenneth leaver's cooperation during the site visit was much appreciated: Please advise the staff involved with this NPDES Permit by forwarding a copy of the enclosed report. The following violations were noted during the inspection ,and must be addressed` immediately: * At the time of the inspection the facility's Rotating Biological Contactor C) was not operational. « At the time of the inspection: the facility's effluent pump was not operational. • The containment area where the RBClocated was full with liquid to the rim. Mooresville Regional Office staff will conduct a fallow up inspection within thirty (30) days. Because the subject facility is deemed to be in non-compliance with terms and conditions contained in NPDES Permit No. NC>O05 7401, ;you are required to respond to this Office, in writing 'th fifteen (15) days, stating what measures will be undertaken to immediately resolve the non-compliance issues noted above. You should be aware that until full compliance is achieved with all Division regulations d permit conditions,, the subject facility will be considered to be in violation and could be subject to the possible assessment of"civil penalties. A Notice of Violation' and Notice of Recommendation for Enforcement, pursuant to G.S. 14 - 215.6A, may result in a civil penalty of not more than twenty-five thousand dollars (25,000.00) per day, per violation and may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 14 - 1 .1. Mooresville Regional Office Location: 610 East Center Ave„ sulte 3 i1 Mooresville, NO 28115 United ee Enviromental Protedw Agency Form Approved. s EPA WeshEngfcsn, p. 0 OMB No. 04 057 Water Compliance InspectionReport Approval expires8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/rWday Inspection Type Inspector Far Type 1 Ej 2 11 3 1 NCO057401 111 12 16108111 117 18 [.�j 19 � 20LJ 1 Inspection Work Days Facility Self -Monitoring Evaluation Rating B1 QA --Ra 67 1.0 70 E 71 L_j 72 L 73 74 75 III I tit# 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 NPOES permit Number) 40:30AM 16/08/11 15107i01 The Hideaways % TP 16104 York Rd Exit Ti ate Permit Expiration Date Charlotte NC 28278 11:55AM' 16/08/11 20106/30 Names) of Onsita Representatives)ITMes(s)tPho and Fax Number(s) Other Facility Data X Kenneth M Deaver/ORC1828-2W93801 Name, Address of Responsible Official/TitleiPhone and Fax Number Contacted Steven Yager,PO Box 240772 Charlotte NC 28226! nerd 03-518.73531 No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Flow Measurement Operations & Maintenance ® Records/Reports Self -Monitoring Program ® Sludge Handling Disposal � Facility Site Review � Effluent/Receiving Waters Laboratory Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspectors) Agency/O Phone and Fax Numbers Date On A Tuvia MRO WGHI704.663-1699/ .12-c)l(,-_ Signature of Management Q A Revievrer Agency/Office/Phone and Fax Numbers Date W. Caney Basinger MRO 1170-2 -21 41 EPA Form 3560-3 (Re 9-94) Prexrrous editions are obsolete.r ! Page# 1 Permit. NCo057401 Owner - Facility: • the Hideaways WWTP Inspection Clans: 08/11/2016 inspection °Type. Cornpliones Evaluation Permit Yes No NA N5 (if the present permit expires in 6 months or less). Has the per ittee submitted a new 0 0 ■ 11 application? Is the facility as described in the permit? 9000' Are there any special conditions for the permit? Q N © 0 Is access to the plant site restricted to the general public"? ■ p 11 11 Is the inspector granted access to all areas forInspection? ■ p 110 Comment: The sub'ect Iggemnit will @xpjLe on fflQQ2020. Record Kee2ina Yes No NA N Are records kept and maintained as required by the permit? 8 0 11 Q Is all required information readily available, complete and current? M Q © ] Are all records maintained for 3 years (lab, reg, required 5 year)? 0 0 © ■ Are analytical results consistent with data reported on DMRs? ■ p ® 0 Is the chain -of -custody complete? ■ p Dates, times and location of sampling Naive of individual performing the sampling Results of analysis and calibration Gates of analysis Name of person performing analyses Transported COCs Are DIRs complete: do they include all permit parameters? ® ❑ Q Has the facility submitted its annual compliance report to users and D ? 11 (if the facility is = or > 5 MGD permitted flow) Do they operate 4/7 with a certified operator © O ■ 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? 8 ® © 0 Is the backup operator certified at one grade less or greater than the facility classification? a Q ©; 0 Is a copy of the current NPD S permit available on site? a El Facility has copy of previous year's Annual Report on file for review? C Q Comment: The records reviewed during the ins action w re well m intained, QMR CCtC ORC I s nd galibLatign Iggg werereviewed for the `ed N ve be 2215 through1 . L2b_orator Y0 L4g NA_ E Are field parameters performed by certified personnel or laboratory? ■ p p p Page# Permit: NCO057401 Owner - Fac iity: The Hideaways VWVTP Inspection Date. 08/1112016 inspection Type: compliance Evaluation Labarator Are all other parameters(excluding field parameters) performed by a certified lab? # Is the facility using a contract lab? # Is proper temperature set for sample storage (kept at less than or equal to 5.0 degrees Celsius)? Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? Incubator (BOD) set to 20.0 degrees Celsius +/- t .0 degrees? Comment: QLi:site field areal ses N otal residual chlorine tern erature are rformed and Environmental's field laborato certification #5424 Water Tech Labs 643D TSS ammonia fecal coliform total nitro en! total hos horns Lag also been cone provide analytical &12port. C3i2erati2n . Maintenance Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? Comment: At the time ofthe ins` ection the facile 's Rotating Biological Contactor RE anew Effluent p_ump were not o erational. The containment area where the RBQ Iocate with li uid to the rim. Rotating Biological ontactor Is the unit free of excessive sloughing of growth? Is the unit operational? Are media panels in good condition? Comment: At the time of the insgectioLi the fadili 's Rotating Bi I Qg is l Contactor (RDC was operational. Dilinfection-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? %ainV11110 LOIJ147LO Gt G: 11uG4.[::tu 461G :.'9. +?4GI[[ R [vsies:c[GSG[ wr.[[ ry axew c[a[tvva v� x. a. dependent on flow. De -chlorination �w+ Permit: NC:O067401 banner -Facility: TheHideawaysVOMP Inspection Clete. Obit 11 016 Inspection Type: Compliance Eval4atiOn De -chi rinatl n Yes N2 M Type of system ? Tablet Is the feed ratio proportional to chlorine amount (1 to 1) 0 13 ■ Is storage appropriate for cylinders? 0 El # Is de -chlorination substance stored away from chlorine containers? ■ 0 © 0 Comment: Are the tablets the proper size and type? W 13 110 Are tablet de -chlorinators operational? ■ p 110 Number of tubes in use? 1 Comment: Chlorine tablets are added to the s stem a roximatel one o two times r w de enent on flow. Pump §tation - Effluent Yes No N6 Ng Is the pump wet well free of bypass lines or structures? ■ 13 ©' Are all pumps present? ■ Q 0 11 Are all pumps operable? © ■ © 0 Are float controls operable? © 0 ■ 0 Is SCADA telemetry available and rational? © 13 r 13 Is audible and visual alarm available and operational?; © Q ■ 13 Comment: At the time of the ins ection the facilitvs Effluent oumD was not o erational. Flow Measurement - Effluent Yes No NA N # Is flow meter used for reporting? © 0 S Q Is flow meter calibrated annually? 0 Duo Is the flow meter operational? 0 0 ■ 13 (if units are separated) Does the chart recorder match the flow meter"? ❑ 0 ■ Comment. Instantaneous flows are based on the run time of the effluent pLimp, Effluent Sam lin Yes No NA NE Is composite sampling flow proportional? © ® ■ Is sample collected below all treatment units? ■ 000 Is proper volume collected? ■ 00 Q Is the tubing clean? ❑ 0 M # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Q '© Celsius)? Pag6#5 representative)? Comment: jhe §9tiMt rmi r it s gffl_ge_nl grabrn ie . a pppp� A*4*0A* NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary May 27,2014 "Y CERTIFIED MAIL 7013-2630-0001-8998- 0713 RETURN RECEIPT REQUESTED John E Rosenblatt Go Go Properties, LLC PO Box 240772 Charlotte, NC 28224 Subject: NOTICE OF DEFICENCY The Hideaways WWTP NPDES Pe it NCO057401 Mecklenburg County NOD-2014-11k-0005 :Gear Mr. Rosenblatt: This is to inform you that the Division of Water Resources received your monthly monitoring report late for both Febuary 2014 and March 2014 on May 8, 2014. This is in violation of Part 11, condition D(2) of the required will subject the violator to the assessment of a civil penalty of tip to $25,000 per violation. Additionally, this letter provides notice that this office will recommend the assessment of civil penalties if future reports are not received within the retmired time frame duri- il the next twelve (12) repprting-months. The Division must take these steps because timely submittal of discharge monitoring reports is essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact me at 919-807-6307 or via e-niail at derek.denard@ncdenr.gov. Sincerely, Derek Lenard Division of Water Resources, NCDENR cc: Derek Denard, Compliance & Expe'dited Permitting Unit Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \ Internet: http:/Iwww,ncwaterquality.org/ An Equal Opportunity kAffirmative Action Employer —Made in part by recycled paper A VC, North Carolina Department of E Division of Pat McCrory Thomas Governor Acting July John Rosenblatt, Owner Go Go Properties, LLC P.O. Box 240772 Charlotte, NC 28224 SUBJECT- Co Th, NP Me Dear Mr. Rosenblatt, ry. John E. Skvada, III Secretary fluation Inspection WWTP 14o. NCO057401 runty, NC Allocco or me at this office. Sincerely, for Michael L. Parker Regional Supervisor Surface Water Protection Mooresville Regional Office Enclosure = Rusty Rozzelle, MCP MLP/JGM nnA &e �ftl NCI North Carolina Department of Er Division of Pat McCrory Charles Governor Di Februar, CERTIFIED MAIL 7010 2780 0003 4825 5772 RETURN RECEIPT REQUESTED Mr. John Rosenblatt GoGo Properties, LLC P.O. Box 240772 Charlotte, NC 28226 SUBJECT: NOT] GoGC NPD] Meek [blatt: burg County e frame specified above. and Natural Resources y John E. Skvarla, III Secretary MOOR . .. .. .. . 2 eived your discharge monitoring reports Water quality regulations require that r the end of the reporting period for which the I Files office at the letterhead ,ir timely receipt. You will be e-mail at bob.sledge@ncdenr.gov. Sincerely, John E. Hennessy, Supervisor Compliance & Expedited Permitting Unit cc: NPDES Enforcement File AMOMMONOWN00"W Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Ralell;ih, North Carolina 27604 Noi-thCarolina Phone: 919-807-6300 \ FAX: 919-807-6492 internal: www,ncwaterquarity.org An Equat Opponunity \ Affirmative Action Employer Naturallif NO North Carolina Department Of E Division of Beverly Eaves Perdue Charles Governor D April CERTIFIED MAIL 7010 2780 0003 4825 5635 RETURN RECEIPT REQUESTED Mr. John Rosenblatt GoGo Properties, LLC P.O. Box 240772 Charlotte, NC 2226 SUBJECT: NOTICE OF VIOLATION: NOV- l GoGo Properties, LLC - The HideaA NPD S Permit Number NCO057401 Mecklenburg County Dear Mr. Rosenblatt: and Natural Resources Y (fee Freeman Secretary QUALITY OFFICE E ived your discharge monitorine rer sort it at bob.sledl e@ncdenr ov. Sincerely, An E. Hennessy, Supervisor r Compliance & Expedited Permits Unit NPDES Enforcement file 1"enra"t"es Mecklenburg County Water Quality Program Mail Service Center, Rale h, North Carolina 27699-1617 One 51 N, Salisbury StRa lt, North Carolina 27604 1�1C e IC" rC�tII �e; 919-807-6 00 t FAX: 919-807-649 get: www.ncwaterquality.org l ual Opportunity 1 Affirmative Action Employer Natuwz�. FILE I North ('arofina Department of Environnient and Natural Resources Division of Water Qualitv Beverly Eaves Perdue Coleen ti, stlHins Dec Freeman (Jovernor Director Secretary August 16, 2011 Mr. John E, Rosenblatt Go Go Properties, LLC PO Box 240772 Charlotte, North Carolina 28224-0772 Subject: Notice of Violation - Effluent Monitoring Frequency Tracking #,: NOV-2011 -MV-0147 The Hideaways WWTP NPDES Permit No. NCO057401 Mecklenburg County Dear Mr. Rosenblatt: A review of the May 2011 self -monitoring report for the subject facility revealed at violation of the following monitoring frequency requirements: Pipe Parameter Failure totonitor Permit Monitoring Requirement 001 Ammonia Nitrogen One firne per month Monitor Monthly Remedial actions, if not already implemented, should be taken to correct any problems. TheDivision of Water Quality may pursue enforcement actions for this and any additional violations, You may contact Mr. John Lesley of this Office for additional inforniation. If you have questions concerning this matter, please do not hesitate to contact Mr, Lesley or meat 704/663-1699. Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor cc: Point Source Branch Mecklenburg County Water Quality Proteotion Mooresville Regional Office Location 610 East Center Ave,, Suite 301 Mooresville, NC 28-115 One Phone: (704) 663-1699, Fax(704) 663-AD40 ` Customer Serme, 1-877-623-6748 MmIhCaroliila Internet, v,,.Arw mmaterquality.org Ar, Eu�' 0-100r',w6tv 4ffirMabVe K4 4* NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary M E Mu" TO- File FROM: M. Allocco QATE: tuber 1 , 2010 SUBJECT: The Hideaways iP Mr. James Allison ( RC) for the Hideaways WWTP called at 2:39 p.m. on October 15, 2010, to inform [ WQ that the bearings had failed on the R C treatment unit at the WWTP. 'Sewage would be pumped and hauled until the treatment unit can be rewired. Mooresville Regional Office Location: 618 East Center Ave.„ Suite 301 Mooresville; NC 28115 One Phone: (764) 663-1699 , Fax: (704) 663.6040 t Customer Service: 1-877-623-6748 NorthCarofina Internet: h(tp:ttportai.ncdenr.orglweb(wq An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled/10% Post Consumer paper VVahmijily r p Tc ro FAX NO. :803 548 5909 May. 27 2010 07:13PM Pl M. Al—L-1 s 0 N 260 Ilcmingway lAne Fort MdL SC 29708 803-548-5909/704-562-7087 FACSIMILF TRANSMITTALL SHEET FROM• jm=y 11uhson COMPANY, 5/27/10 FAX # T(VrAl, NO, OPPAGEN IN(AXINNO (,Qvr?W 2 (IRONP, SENDERS REFR)tfWR NUMBER: 52710 Rix YOUR RIAAl"VIRENCIr. NUMDEX The Hideaways 13 URGUNT C3 r-op, xBvirm PLEASA C(MMENT IJ PLRASE REPLY 13 VLEAjp,y(, TOO FAX NO. : 80 : 848 5909 May. 27 2010 0 7:14PM P &Mes —Q: A1111glt 5/ 7/ 010 Gonna, Per our conversation today Iam sending you this for an explanation of events at The Hideaways WWTP. "Tuesday morning there was a fire at one of the rental units on the property. The electrical power to the treatment plant was cut off. This was discovered on Wednesday 5/26110 r"Indt�ilE'.rll9ft9�L 4.t�f�c#?ji3.lk �tt�It±l�r�ra� M.�a1l�sti.LP.1. zx�r6+r�aaw.�wtr�+l _. to have the plant cleaned out. There was no spillage. The facility will be pumped out as needed i until the problem is solved or another means of power i provided. Please call me if you have any questions. Jimmy Allison wAli, 7 r odub eft NCIANK North Carolina Department of Environment and Nature Resources Division of Water Quality Beverly Eaves Perdue Coleen N. Sullins Dee Freeman Governer Director - Secretary January 26, 2010 CERTIFIED MAIL ITEM 7007 0710 0000 5376 9161 - RE RECEIPT REQUESTED Mr. John E. Rosenblatt o Go Properties LLC PO Box 240772 Charlotte, NC 28224-0772 Subject: Notice of Violation. Failure to Submit Renewal Application NPl3ES Permit N O057401 The hideaways WWTP Mecklenburg County Dear P ttee. e subject permit's expiration date is June 30, 2010. Federal [40 CFR 1221 and state (15A NCAC 2H.0105 (e)) regulations require that an application for permit renewal be filed at least 180 days prier to expiration of the current permit. To satisfy this requirement, your renewal package should have been sent to the Division postmarked no lager than January 1, 2010. As of this date, the Division has not received your renewal application. This is a violation. of Part 11. B. 10, of your permit, which states "Any permittee that has not requested renewal at least 180 days prior to e pirat on...will subject the permittee to enforcement procedures as provided in N'CGS'143-215.6 and 33 TSC 1251 et. seq.". To prevent an assessment of civil penalties you must submit a completed permit application (see enclosed forms) no later than February 12 2010. Use the enclosed checklist to complete ,your renewal package. The checklist identifies the items you must submit with the permit renewal application. If all wastewater discharge from your facility has ceased and you wish to rescind this permit [car if you have any questions] please contact Charles H. Weaver of my staff. His telephone number, fax number and e-mail address are listed at the bottom of this page. Sincerely, f/0 J�v K CoenH. Sullins cc: Central Files NPDES file 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NofthCarolina Phone. 919 807-6 91 / PAX 919 807-6495 /chades.weaver@nedenr.gov Nahmally n Equal Opportunity/Affirmative Action Employer — 50% Recycled110"'/6 Post Consumer Paper A74LA. NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullinslee Freeman Governer Director Secretary October 21„ 200 t, r. John E. Rosenblatt Go Go Properties LLC Piz Box 240772' Charlotte, NC 2224-0772 Subject: Renewal Notice NPDES P Trait NCO0574O1 The Hideaways WWTP Mecklenburg County; Dear Permittee: Your NPDES permit expires on June 30, 2010. Federal (40 CFR 122.41) and North Carolina (1A NCAC 2.01O (e)) regulations state that permit renewal applications roust be filed at least 180 days prior to expiration of the current permit." If you have already mailed your renewal application, you may disregard this notice. Your renewal package roust be seat to the Division postmarked no later than January 1, 2010. Failure to request renewal by this date may result in a civil penalty assessment. Larger penalties may be assessed depending upon the delinquency of the request. If any wastewater discharge will occur after June 30, 2010, the current permit must be renewed. Discharge of wastewater without a -valid permit would violate North Carolina General Statute 143-215.1; if up to $25,000 per day. vish to rescind this permit, contact me at the telephone number or address listed below. Ilse the enclosed checklist is vornrrlete vour renewal nackaEe. The checklist identifies the items you telephone number or e-mail address listed below. Sincerely, Charles H. Weaver, Jr. NPDES Unit cc Central Files RV le 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One 512 North Salisbury Street, Raleigh, North Carolina 27604 NorthCarohna Phone. 919 807-6391 / FAX 919 807-6495 / chades.weaver@ncdenr.gov NaturullY An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper water, mrer vacKwasn, ei . j Send the completed renewal package to; Mrs. Dina Sprinkle t: DEN / D Q / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 RFrFIVFD state of North caroUna Department of Justice E`: I 2009 ROY coopr_R PO BOX 629 Reply to: Enviromcutal Division ATrORNCY CENEMI- Raleigh, North Carolina Sonisba R, Clark % `rett �(91;)��6-6970 27602 t(917 16-6766 DWIf-C."i -S MEMO TO: John Verdejo FROM- Bonisha R. Clark, Paralegal for Phillip Reynolds, Assistant Attorney General DATE: December 29, 2008 SUBJECT: PAYMENT RECEArED CASE NAME: Go Go Properties DENR Nos.: WQLV 2(08-0006,2008-0023mIMMMM 008-0050, & 2008- 0064 COUNTY: Mecklenburg Please find attached a check for the payment in the amount of seven thousand three hundred twenty-four dollars and eighty-eight cents ($7,324.99). This is the full payment for all of the above - referenced penalties. We will send the Closing Memo in approximately sixty (60) days. If, .7 rill hauhave1 need additional information please feel frm tontac cot me, at bons 716-6970. Thank you. cc: File Robert B. Krebs (w/attachment) Linwood Cox (wlattachment) Amanda Foster (w/attachment) GC}GO PROPERTIES, L LC 1308 421 ROUWAME ft CHAF&OTUNC Mil 041430 MOW" DATE 04 1 PAY i , fj& eRoF F U 004?+ FOn OC' 00 rwDQ i 0811* E0*0 5 300Q2191» 2C3000 2 280 22111 VWJ A Michael E. Easley., Gum William Q Ron Jr., Sm Nordt Carolinat of Environment mul Natural Rem C0101.1a suffift& Din > 1 Divisien of Water Qc a January 24 2008 CERTIFIED MAIL 7006 2760 ONI 8497 6066 RETURN RECEIPT TEU Mr Jahn Rosenblatt, nblatt, Jr. Cla Go Properties, LLC; Past Office Boas 240772 Charlotte, North Carolina 28224 SUBJECT: Notice of Violation and Assessment of Civil l Penalty for Violations of NGeneral Statute 14-215.1(a)(6) and NPDES Pe it No. NC O05740 e Hideaways W WTP Mecklenburg County Case No. -200 -003 Deu Mr.Rosenblatt: 'Ibis lettertransmits` a Notice of Violation d assessment of civil penalty in the arnount 15. A(a)( ). #hCanalina , K C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave, "Smite 301, Mooresville NC 28115(704) 663-16 '3 Cus 14 1500.00 For 10 of the ten (1 U 215.1(a)(6) d NPDFS Pei discharging waste into the violation of the permit i limit for total residuai chlornne. 1 0.00 TOTAL CIVIL PENALTY 83.89 Enforcement casts. 1583.89 TOTAL AMOUNT DUE Pursuant to G.S. 14 - 15.6A(c), in determining the amount of the penalty l have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at C.S. 14313- 28.1(b, which are. (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on airquality; (4) The cost of rectifying the damage; () The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; () The prier 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 Mate 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 d Natural Resources (do not include w waiver form). ; Payment of the penalty will not foreclose further 'enforcement action for any continuing or new viol ttion(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of "Water Quality 117 Mail Service Center Raleigh, North Carolina 27699-1617 OR to ent in support of your nest for remission. In order to request remission, you mus "Waiver of Right to an Administrative within thirty (Q) days of receipt of thi also requests that you complete and spa Remission Request."Bath fonns shot Point Source Compliance/Enforcement Unit If O 67' R "T'e A copy of MS D IN Re Please ind ision ofWater Quality 7 flail Service Center eigh, North Carolina 'tip -1 1'7 OR e .i ". e 4 i . M• 1 Live Hearings is: ninistrative Hearings rvice Center; Carolina 27699-6714 any Thompson, General Counsel rater rya 27699-1601 petition. Failure to exercise one of the options above 30 days ofreceipt of this later, 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 tin. PV Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Ifthe violations are of a contjnature.not lated to o tiaraand/or maintenance problems. and you anticipate remedial construction activities then ou mav wish to consider a for a Stiecial Order bv Consent.` If vou, have anv auestions about this civil pgnWjy assessment or a Special Order by Consent lecontact the 'Water Ouality Section staff ofthe Mooresville Reeional Office at 04/66-l699./I-q /MW' /5 X-- --------- (late) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATrACHMENTS 'water Quality Regional Supervisor w attachments Compliance/Enforcement pile wl attachments Central Files w attachments ji ATTACHMENTA CASE NO. LV-2008-0037 Outfall Date Parameter Renorted Value Permit Limit 001 7/02/07 *-IRC 380 ug(l 28 ug/I (daily maxim 001 7/03/07 *TRC 650 ug/l 28 ug/l (daily maxim 001 7/08/07 *TRC 490 ug/I 29 ug/l (daily maxim 001 7/09/07 *TRC 2,200 ug/l 28 ug/l (daily maxim 001 7/15/07 *TRC 340 ug/l 28 ug/l (daily maxim 001 7/16/07 *TRC I'l 50 ug/I 28 ug/l (daily maxim 001 7/24/07 *TRC 170 ug/l 28 ug/l (daily maxim 001 7/27/07 *TRC 1,480 ug/l 28 ug/l (daily maxim 001 7/30/07 *TRC 330 ug/l 28 ug/I (daily maxim 001 7/31/07 *TRC 1,070 ug/l 28 ug/l (daily maxim Denotes civil penalty assessment STATE OF NORTH CAROLINA COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CPAL PENALTY AGAINST GO GO PROPERTIES LLC PERMIT NO. NCO05740 Having been essed civil penalties tot.ling RTMENT OF ENVIRONMENT NATURAL SO CES ETA OF RIGHT TO AN TELEPHONE TION OF FACTS [0. LV-2008-00 7 .�Vlw ASS Cot Per Am Ple fore SUP] rem hStt Req the Trial casc fact to per Case Number: LV-2008-0037 rased Party: Go Go Properties LLC: nty: Mecklenburg nit Number: NCO057401 )unt Assessed: $1583.39 (b); the violator pages as needed). vsva aaaVI ( 'V., "Pt"srs 1"V aa+pa areas Yves 1""r, if occurrences); (c) the vi6lation was inadvertent or a resul was unavoidable or so ething you could not pr ve (d) the violator had not been assessed civi (e) payment of the civil penalty will pri remedial actions (i.e., explain how payment o `the civil activities necesswy to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA i N Violator: Go LL Facility: e HideawadsWWTP County: Mecklenburg Case Number: LV-2008-0037 Permit Number: NCO057401 ASSESSMENTF 1) The degree and extent of harm to the natut health, or to private property resultingfroj Total residual chlorine in excess of permit limits aquatic life in the receiving strewn. cr 1, . INO CIMCI is expecrea on gru impacts on aquatic life in tha 4 The cost of rectifying t The cost is unknown. 5 The amount of u Money was saved b C_ A j "&, receiving stream. damage; coney saved by noncompliance-, Y not purchasing, installing, and,operatng dochlorination equipment, rORS vsources of the State, tote public ke violation; 1 be likely to have caused'toxic impacts to $172.00 and 154 sodiumWbisul to tablets for dechlorination costs $152.50. Engineering costs unknown. 6 Whether the violation was committed lllf or intentionally; TU violation appears to be willful. The ORC infonned the owner of the need to install the dechlorination equipment The owner did not provide the equipment for over ten months. ") The prior record of the violator . complying or failing is comply with programs over which the Environmental Management Commission has regulatoryauthority; and Case L -2 7 $1208.89 TRC .2 Lit 7 f12 TRC case closed1 25 factor a ied LV 2007 0 $983.89 TRH case clos� LV 200702r2OO7 $881.50 TR n LV 2007 0216 5 1� 1Q81.5C1 T i a rt L 2 7 Rsii 12r2OO6.5ti T tt r factor of 1.50 was used to calculate the civil penalty for this L -0037 . 8) The t to the State of the enforcement procedures. The t to the Mooresville Regional Office was $9 .9 . Date } Supervisor Division of Water Quality Report pats. 1 107107 Page; ' 9 of 13 MONITORING REPOPT(MR) VIOLATIONS for: Permit. % MRs Lae n: 7 2007 and 7- 007 ReglomMooresville Violation Category. Limit Violation Program Category: NPD Facility Name: % Param N County-, Sub ln: 6 etiolation Action: Major Mirror: PERMIT: NCO0 7401 FACILITY: Go Go Properties L .0 - The Hideaways WWTP COUNTY: Mecklenburg REGION: Mooresville - i' ° 75 d`4 ' Limit Violation MONITORING OUTFACE 1 VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE VIOLATION TYPE VIOLATION ACTION REPORT Pr'1 LOCATION PARAMETER .. 07 -2007 001 Effluent Chlorine, Total Residual 07/02107 2 X week Ugtl 28 380 } Daily Maximum Exceeded None 07 -2007 001 Effluent Chlorine, Total Residual 07103/07 2 X week ugll 28 650 Daily Maximum Exceeded None 07 -2007 001 Effluent Chlorine, Total Residual 07108/07 2 X week ug/l 28 490 Daily Maximum Exceeded None 07 µ 2007 001 Effluent Chlorine„ Total Residual 07/09107 2 X week ug/I 28 2,200 Daily Maximum Exceeded None 07 -2007 001 Effluent Chlorine, Total Residual 07115/07 2 X week ug/1 28 l , 340 Daily Maximum Exceeded None 07 -2007 001 Effluent Chlorine, Total Residual 07/16/07 2 X week g11 28 1,150 Daily Maximum Exceeded None 07 -20(7 001 Effluent Chlorine, Total Residual 07124/07 2 X week ug/l 28 170 7 Daily Maximum Exceeded None ' "; 07 -20i37 001 Effluent" Chlorine, Total Residual 07/27107 2 X week Ugh28 K �" 1,480 Daily Maximum Exceeded None 07 -2007 001 Effluent Chlorine, Total Residual 07130/07 2 X week ug/I 28 k 330 Daily Maximum Exceeded Norse 07 -2007 001 Effluent Chlorine, Total Residual 07131/07 2 X week ug/I 28 1,070 Daily Maximum Exceeded None PERMIT: NCO068706 FACILITY: Mariners Watch Homeowners Association - Mariners COUNTY: Mecklenburg REGION: Mooresville Watch WWTP 'r Limit Violation MONITORING OUTFACE 1 VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE o/ , VIOLATION TYPE VIOLATION ACTION REPORT PPI LOCATION PARAMETER t t .. 07..2007 001 Effluent Coliform, Fell MF, M-l"C 07/17/07 Weekly #1100ml 400- 600 ' Daily Maximum Exceeded NoneO Rrott$jh,44.5C iuurv'" w 22 EF u ENT NPDES PERMIT No, �000 DISC GE NO.LO—L MONTH YE �+ �ifi�FACIL NCLASS—L COO VetE lit E a c� CERTIFIED LABORATORY (2) 5 t CERTIFICATION NO. ; (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) _ «t � 1 t' a� GRADE_] V CERTIFICATION NO.IC 1 0 1 PERSONS) COLLECT LES EJ s l . t 1 l C Pr3' ONE "-2�7 537 CRECK BOX IF ORC HAS CHANGED N4 FLOW t11ISC ARGE FROM SITE Mail ORIGINAL and ONE COPY to: C ATTNt CENTRAL FILFS x DIN'LSION OFWATER QUALITY, (SIG *ATURE F CIFERATOR IN RESPOh5113LE CHARGE,) DATE 1617 MAtL SERVICE CENTER ' 6Y THLS TUBE 1 CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 ACCL"RATE A.ND COMPLETE TO THE BEST OF MY KNOWLE 50050 ow10 oWoo 50060 00310 10 00530 31616 00 00600 00665 FLOW � � � � ' ENTER Pd RAMC T R CODE AB a 'E r EFF A ce «�« cz`. ' t4 NAME AND UNITS BELOW HRS HPS 1' MGt3 ° C UNITS tiG MG s MG/LMG/L #1100,11, MOIL I MG/L MG/L 1` 9 945 5 '5 1 Y 1<2' i 1 � t 12 14 15W00 s 16 19 24 t 21' 2 23 fix: 24 F4E >3 6, 26 21 3u C3 28 t Ga# 29 3 AVERAGE twl Ii« t MAXIMUM t,01 ; ,, 7!,C Ati0r ..- a(Qr tGI G- LV Z047 b613- DW 0 Fc= X R4 C1114I Facility Status: chezk one of the fo Mgr) A data pjjV m eetpean tnqulan ants1 , if -3e) El Cmplbnt A Mn atitzriVdata md san plrq hmquencie.do N 0 T in eetpe=n itmTitm ents N ono= pliant The pen itee dznzspojttt te D iz=rortlie app=pz3aba R egizalO mncan plimim tatpotmdally dimatrm li; hea2th or tie eTrmm ant A nyht= at nn & pmv3decl ozaIV w . , ` 24 hm= fc= the tin e the e aw am of be C�tm `. A w be pmmdded w 'intLin 5 days of trie tin f cj3r= stances. if the facalty is nonocm p lian t, p kese a eh a of cot-re=tive actbn s behg taken an d a tin e-tab)e for in prcvementstobemadeas by Part Z.E S of the PDE S pem it. 'I i ray of 3ew, liatftis doom entanda=is w exe piqpamed uxkm y dfiecthn or _ ors: ` n in h a t:> re t ti ze�ip to the . � a , s1nifted. B s yof o p=nswhom" sysmn,or)e for " V the h1b= a . , m a . fs, t:) the bestofm f, true, , anid p . Ian as am ftttw=t r ' tr tm , po of hies and in p 'som entforkncw3a; CIO ri Pemilne tP base prhtor ' e) S, of * Date A i ) Pen tme A ddmm Pt��Ncnbw e-n wladdmm Pem tzxPiatimate DD IT30 NAL C ERTS.F'1ED L.ABORATORIES C erti5ed Labomtaty (4) C erdfcadon N c . C � L t)W ) No. 'ARAM ETER CODES P C ce aybe ob by can i)gN PD ES L ' at 19) 7 - 08 orb v' " Su W atP-rPmtzcthn Se=tbnlsweb sjraea s' Anato ' n pages. itkmis ofm easmamfnt 4'sNPDE .tfbr data. NoFbwDis:±ia�eFr= Site. of DM R ,r m ' + 0RCOnS 2:ORCmu V efttvist*I�fl *-,;.f r kSA PCAC M 4204. Sewith*,estiteperl5A NCAC 2B !) C5b)a)o). P James D. Allison 704-5 2-7687 8/15/2007 Facility non -compliant for total chlorine residual due to deehlorination unit has not been installed. Please call nee if you have any questons. The engineering process has started for the installation. Than ou, y� JamesD. Allison ORC RFrF..IVFD State of North Carolina Department of Justice ROY MOPM PO Box 629 Reply to: Environmental Division ATTORMY MCML RaIeA�gh, North Qirollna Bonisha R. Clark 716-6970 27602 MEM�j TO: John Verdejo FROM: Bonisha R. Clark, Paralcgsd for Phillip Re)rnolds, Assistant Attorney General DATE: December 29, 2008 SUBJECT. PAYMENT RECEMED CASE NAME: Go Go Properties DENR Nos.: WQLV 2008-000,6 16ROPOPOPM8-0037,2008-0050, & 2008- 0064 COUNTY: Mecklenburg Please find attached a check for the payment in the amount of seven thousand three hundred twenty-four dollars and eighty-eight cents ($7,324.89). This is the full payment for all of the above - referenced penalties. We will send the Closing Memo in approximately sixty (60) days. If you have any questions or need additional information, please feel free to contact me at 716-6970. Thank you. cc: Ho Robert B. Krebs (w/attachment) Linwood Cox (wlattachment) Amanda Foster (w/attachment) GOGO PROPERTIES, LLC 1 � 421 TAEE W TM. NC 2821 1630 DATE 0-1 PAY T- 0u3 , -w" 11100130fir 1*40 3000 2191: 20CiCiC? 2 280 '' \VWjq A1 Michael F Easky. Governor William G� ROSS it, sccrctan�� 0 North Cimilms, Department of Environment and Natural Resources 7— Coleen Sullins. Director 0 Division of Water Quality January 15, 2008 CERTIFIED MAIL 7006 2760 00018497 6278 RETURN RECEIPT REQUESTED Mr. John Rosenblatt, Jr. Go Go Properties, LLC Post Office Box 240772 Charlotte, North Carolina 28224 SUBJECT: Notice of Violation andAssessmeat of Civil Penalty for Violations of N.C. General Statute 143-215. 1 (a)(6) and NPDES Permit No. NCO057401 The Hideaways WWTP Mecklenburg County Case No. LV-2008-0023 Dear Mr.Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1208.89 ($1125.00 civil penalty + $83.89 enforcement costs) against Go Go Properties, LLC. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for June 2007. This review has shown the subject facility to be in violation ofthe discharge limitations found in NPICES Permit No. NCO057401. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that two Go Properties, LLC. violated the terms, conditions, or tints of NPDES Permit No. NCO057401 and North 15.6A(a)(2). Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Go Go Properties, LLC: �;IIEMR Division of Water Quality, Mooresville Regional Office, 610 E. Center five. Suite 101, Mooresville NC 29115 (704,)663-16" CustomerService 1-877-623-6748 1125.00 For 9 of the nine (9) violations of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NCO 057401 11 by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. 1125.00 TOTAL CIVIL PENALTY 83-89 Enforcement costs. $ 1208.89 TOTAL AMOUNT DUE Pumiant 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 hann to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed will 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 waiverform). Payment of the penalty will not foreclose hirther enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting rernission 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 e ng, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted:, 'd 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 +C.1- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; () whether the violation was inadvertent or a result of an accident, (4whether the violator had been assessed civil penalties for any previous violations; or () whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence d inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions .for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee "ttee of consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed. "Waiver of Right to an Administrative Hearing and Stipulation ofFacts" form within thirty (0) days ofreceipt 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: Pnint Z Hare t'n 2ian h EnfC? ement l Tit1t Office d 74 art; Raleigh, Telepho W No 311tj iter` is 27699-1617 .arings ------ ______m_v___._.�____,R.� trative bearings is: Wministrative Hearings Service Center orth Carolina 27699-6714 Lion must also be served on DENR as follows: 1 fenny Tl ornps nI 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 Lion. Please be advised that ;additional penalties may be assessed for violations that occur after the review period of this assessment. 'If the violations of a continuiniz nature. not related to operation and/or maintenance ble d You anticinate remedial construction activities, then ou mav wish to consider arplyine for a SDecial Order bv Consent. If You have ` uestio about this civilassessment or a Snecial Order er by Consent. le contact the 'Water QualitySection staff of Mooresville Regional Office at 704/663-169 . (Date) Robert B. Krebs' Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water it ATTACHMENTS cc: Water Quality Regional Supervisor/ attachments Co li Enfo ent File / attachments Central Files / attachments jl ATTACHMENTA CASE NO.LV-2008,-0023 Outf ll Date Parameter Re orted Value Permit Limit 001 6/l/07 *TRC 1,610 ug I 28 ug/l (daily maximum) 001 6/ /07 *TRC 550 ug/l 28 ug/l (daily maximum) 001 6/ /0'7 *TRC 330 28 u (daily ) 001 6/11/07 *TRC 640 28 ug/1(daily maximum) 001 6/12/07 *T C 1,650 ug l 28 ug/l (daily maximum) 001 6/18/07 * C 170 ug/l 28 ug/I (daily maximum) 001 6/20/0 *TRC 1030 8 ug/l (daily maximum) 001 6/27/07 *T ZC 250 ug/l 28 ug/l (daily maximum) 001 6/ 10' *TRC 490 ug/l 28 ug/l (daily ) Denotes civil penalty assessment Pr STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ADMINISTRATIVE BEARING AND GO GO PROPERTIES LLC ' STIPULATION OF FACTS PERMIT NO. NCO057401 FILE NO. LV-20 8-0023 Having been assessed civil penalties totaling l208.89 for violation(s) as set forth in the assessment document of the Division of water Quality dated January 15,2008 the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned er understands that all evidence presented support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 clays ofreceipt of -the nonce 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 ,;200$ BY ADDRESS TELEPHONE A #08-0023 o Properties LLC lenburg 157401 .89 (d) the violator had not been assessed civil nalties for any previous'violations; (e) pgMent of the civil pqndty will prpvent a.', ent for the EgMauunS n ` remedial actions (i.e., explain howpayment ofthe cavil penally willprevent youfromperjoriningthe activities necessary to achieve compliance) EXPLANATION: (use additional pages as necessary) I3� Q ' ' JUG: EFFtUENT NPDES PERMIT NO. 4N.1' � J� 1 DISCHARGE NO, O L,..... MONTH-(�k� YE C.Q0 FACILITY NAME CLA �E , COO LI:Q� CERTLFIED LABORATORY (I) }5 t Ict ' CERTIFICATION NO.-----:? �`l (lisi additional laboratories on the backside/page 2 of this form) OPERATOR. IN RESPONSIBLECHARGE (ORQ ,� t i S > a GRADE -iV CER LRCATIGN NO, PERSON(S) COLLECTING S LESSIr s I-� A 1 I i . RC PHONE f7�i- 7 'T CHECK BOX IF ORt HAS C11ANGED NO W / DISCHARGE FROM SITE# Mail GR.IGUNAL and ONE COPY to: ATTNc CENTRAL FrLES41kND DtVISTON of "'ATER QUALITY PERATOR IN RESPONSIBLE CHARGE) ' DATE 1617 MAIL SERVICE NTER I CERTIFY T} AT TWS PORT II EIGH, N 27699.1617 COMPLETE To T BEST OFMY OWLS va a?ra ivtFI' z a r 50050 W010 004M 50060 00310 OMIO 00530 31616 40 0 0{Y665 a FLOW � t z_z. .ffi � ENTER PAP -A iETER CODE iBOVE r EFF _p C W .2 bad w a � W � NAME AND UNITS BELOW ww CS Q h der HRS HR.S t`" mGD ° C UNM iL . .,MGA: MiL MGIL #/107ML MGIL MGIL MGrL 1 Coe '� `f €"`L .. t' . t. w 6 c?° 113 14 # ' 76 18 ICI 19 20 }}}}� �} �t64 8 9 4 i1i / k s �> 21 122 23 toot 24 �26 G"c 30 31 AVERAGE Nvol t�t=Monthly Urult "1€7 ✓ *3� am HW Cr Fo= M R -1 CLI,04} 71 1121~ 07 Facility non -compliant for total chlorine residual due to dech[orination unit has not been installed. Please call me if you have any qu stons. `hank you, t James D. Allison R NORTH CAROLINAI(i1' OF W)VT XR-QUALITY Violator Co Go rti LLC Facility: The Hideaways WWTP County: Mecklenb= Case Number: LV_-2008-0023 Permit Number: NCO05' 401 SSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private P resulting m theviolation-, Total residualohlorinc, in excess, ofpermit limits would be likely to have caused toxic impacts to aquatic life in the receiving stream. 2 The duration and gravity of the violation, l.1TL_. _Wa...t --- y:.... ...,....,.a:�..�...._.�. ........ 1-1 P^fd1n_, wr 1, 2006). feet on ground or surface water quantity or quality or on air quality; impacts on aquatic life in the receivings a. 4) The cost of rectifying the damage; The cost is unknown. S) The amount of money saved by noncompliance; Money was saved by not purchasing, talling, and operating dechlorination equipment. Pr found at www.Norweco.com/,%tore: a tablet dispenser sufficient to treat up to . 01 M D cc $1' 2.00 and 154 sodium bisuffite tablets for dechlorination co $152.50. Engineering cos unknown. ) Whether the violation was committed willfully or intentionally; The violation appears to be willful. The ORC informed the owner of the need t ► install the dechlormation equipment The owner did not provide the necessary equipment t for over ten months. 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. Case Number Description LV 2008 0006 512007 $1208.89 TRC case 1 `25 factor LV 2OD7 0503 007 TRC case closW LV 2007 0495 312007 $883.89 TRG case open LV 2007 0346 WOW$881.50 TRC caseopen LV 2007 0216 1IM7 $1081.50TRC caseopen LV 2007 0192 1 0 6 $881.50 TRC: q@§topen A factor of 1.25 was used to calculate the civil penalty for case LV 2008 0023. 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $83.8 . Dat a RO Supervisor Division of Water Quality Report Date: 12/07/07 Page. a or 12 MONITORING REPORT(MR) VIOLATIONS for: Category: Limit Violation Program Category: NPDES WV1f Permit: % MRs Between: OCt and 6 2t?7 Region: MooresvilleViolation ubbasin: % Violation Action: % Facility Name: % Faram Name: % County: % Major Minor: % Go Properties LLC - The HHideaways1111t TP COUNTY: Mecklenburg REGION: Mooresville `+� PERMIT:400 4 FACILITY: o Limit Violation 1''` MONITORING OUTEALLf VIOLATION :DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE oir VIOLATION TYPE .f VIOLATION ACTION — REPORT PPl LOCATION PARAMETER 1,610 Daily Maximum Exceeded None I Z 06 001 effluent Chlorine, Total Residual 06f01107 2 X week ugfl �� { j €r t ..2007 ugfl 28 l 50 Daily Maximum Exceeded None 7 06 2007 001 Effluent Chlorine, Total Residual t�6f03f07 2 X week a - ugfl 28 330 1 Daily Maximum Exceeded None ) 06 -2007 001 Effluent Chlorine, Total Residual 06/07/07 2 X week None ) ufl 28 640 t1*6 Daily Maximum Exceeded . 06 -2007 001 Effluent Chlorine, Total Residual 06f11f07 2 X week irPtfC w> Daily Maximum Exceeded None `��7, 06 -2007 001 Effluent Chlorine, Total Residual 06112/07 2 X week ugfl 28 , 1650 l � ugfl 28 170 Daily Maximum Exceeded None ,, 06 -2007 001 Effluent Chlorine, Total Residual 06/18/07 2 X week � j None ugll 28 1,030 Daily Maximum Exceeded 06 2007 001 Effluent Chlorine, Total Residual 06/20107 2 X week 1 l} f ' ' None 06 001 Effluent Chlorine, Total Residual O6f27f07 2 X week ugli 28 260 Daily Maximum Exceeded r -2007 28 400Daily Maximum Exceeded � None 06 -2007 001 Effluent; Chlorine, Total Residual 06f28107 2 week ugt{ J, `> i 2� -7 (A � W HwK RFCFIVED State of form. Carolina Department of Justice ROV COOPER PO rti'r1't�t�NGY GCRRL Box2'.�' Reply to: EnvironmentalDivision Raleigh, North Garolrna Bonisha R. Clark ? Tet.:(9i 9) ? tba6970 Fx'(9i9} 7t6-6766 on ME TO: Jahn Verdejo FROM: Bonisha R. Clark, Paralegal for Phillip Reynolds, Assistant Attorney General DATE: December 29, 2008 SU13JEC : PAYMENT RECENED CASE NAME: Go Go Properties ?ENR. Nos.: WQLV 2008-00 , 2008-002 , 2008-0037, & 2008- 0064 COUNTY: Mecklenburg Please find 'attached a cheek for the payment in the amount of seven thousand three hundred twenty-four dollars and eighty-eight cents (S7,324.8$). This is the full payment for all of the above - referenced penalties. We will send. the Closing Memo in approximately sixty (60) clays. If you have any questions or need additional information, please feel free to contact the at 1-697. 'Tbank you. cc. File Bert B. Krebs (w/attar ent Linwood Cox (ter/a hi ent Amanda Foster (iatta ent s OmE ROM OFklejr$ .-� 0# 0v(o+ FlR Wl l . - O`b t? a i.)_ . 1100O i 08iw• i:0 5 300CI 2 19 , 20000 2 280 2 2rlom Michael F. Easley, Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources C 1 FI S 11.* D t V 'C o een a sns, rrec or Division of Water Quality February 1, 2008 CERTIFIED MAIL #7 1490 0004 4505 6493 RETURN RECEIPT REQUESTED Mr. John Rosenblatt PO :Box 240772 Charlotte, North Carolina 28224 SUBJECT. Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215.1(a)(6) and NPDES Permit No. NCO057401 The Hideaways WWTP Mecklenburg County Case No. L-2008-0050 Dear Mr. Rosenblatt: This lettertransmits a NNJc of Violation and assessment of civil penalty in the `amount of $1,431.20 ($1 350.00 civil penalty + $81.20 enforcement casts) against Go Go Properties, LLC This assessment is based upon the following facts. A review has been conducted of the self -monitoring data reported for August 2007, This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC0057401 The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Go Go Properties, LLC violated the terms, conditions, or requirements of NPDES Permit No NCO057401 and North Carolina General Statute (G.S.) 143-215.1(a)() in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 14- 215.A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Robert B. Krebs Regional Supervisor Surface Water Protection for the Mooresville Region, hereby make the following civil penalty assessment against Go Coo Properties, LLC: ,,»,..." Nro°� Catalina Mooresville Regional Office Division of Water Quality Phone'704-663-1699 Customer Service Internet: w)vwncwatec'uck all .cir 610 East Center Ave, Suite 30I Mooresville, NC 2 115 Fax 704-663-6040 I-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper $ 1 200.00 For 8 of the eight (8) v!.... 215`.1(a)( ) and NPDES Perri discharging waste into the wE violation of the permit daily r limit for total residual chlorin l %00 For 1 of t 215.1(a)(o) and I discharging wast violation of the p limit for fecal co. 1,350.00 TOTAL CIVIL 8120 Enforcement cos $ 1,431.20 TOTAL AMOU Pursuant to G.S. 143-215.6A(c), in determining the arr into account the Findings of Fact and Conclusions of Law and 282.1(b), which are: (1) The degree and extent of harm to the natural re health, or to private property resulting from the (2) The duration and gravity of the violations; (3) The effect on ,ground or surface water quantity, (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance (6) Whether the violations were committed willful (7) The prior record of the violator in complying of over which the Environmental Management Cc and (8) The cost to the State of the enforcement proved Within thirty days of receipt of this notice, you;mt 1. Submit payment of the Penalty: Payment should be made directly to the ord+ and Natural Resources (do not include wai not foreclose further enforcement action.. for Pl' I'll ' h f ease sm1t payment tot e attention 0 . ENLTY' T DUE itentionally; g to comply with programs ;ion has regulatory authority; Paint Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-161 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty'shoul be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 13B- 22.1(b) were wrongfully applied to the detriment of the petitioner; () whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident, () whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division' of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Enviro ental'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 sli "Waiver of Right to an Administrative Hearing and Stip within thirty (30) days of receipt of this notice. The Div also requests that you complete and submit the enclosed Remission Request." Both forms should be submitted t( 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 am. and 5:00 pm., 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 taxed — provided the original riginal and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the taxed 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of remedial construction activities then ions about this civil -oenaltv assessment or a S ial C rder b Consent lease contact the Water Oualitv Section staff of the Mooresville R Tonal Office at 7 -16. 111n, (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Rb/ma a ItvaC,I Ak.�iuuai % IUVIiilG - L'LUU µgtl- /-zs µgri �ualty maximum) 001 Total residual chlorine 690 µgrl* 28 µgll (Daily maximum) 001 Total residual chlorine 230 µ /l* 2811g11(Daily maximum) 001 :Decal coliform 680 C U1100 mL * 400 CFUl100mL (Daily maximum) Denotes civil penalty assessment e STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF MECKLENBURG IN THE MATTER OF ASSESSMENT ) WAIVER. OF RIGHT TO AN OF CIVIL PENALTY AGAINST } ADMINISTRATIVE HEARING AND GO GO PROPERTIES, LLC ) STIPULATION OF FACTS' PERMIT NO. NCO057401 ) FILE NO, LV-200-050 Having been assessed civil penalties totaling S,1,431.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated Februa!2 1, 20008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -Mated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt t of the notice of assessment. This the day of , 200 Y ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUE DWQ Case Number. LV-2008-0050 Assessed Party: Go Co Properties, LLC County: Mecklenburg Permit Number. NCO057401 Amount Assessed: $1,431.20 penalty assessment document); (b) the violator prornpt7 violation (i.e., explain the ;steps occurrences), (c) the violation was im was unavoidable or something- yoz (d) the violator had not _ (e) pment of the ciy remedial actions (i.e., explain how romnental damage resulting frc ct the violation and prevent j"I" rtvc Pf e vcraa yr III cp", t� Jot,/1 activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) pppr" NORTH CAROLINA DIVISION OF WATER QUALITY Violators Go Go Pro ertie, LLC Facility: The Hideaways WWT County: Mecklenburg Case Number: ` LV- 00 - 05 Permit Number: N O057401 ASSESSMENT FACTORS l) 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 total residual chlorine concentration in the effluent exceeded the permit limit on eight monitoring occasions during the month of August 2007. This is the eighth month of the lowered permitlimit for NCO057401 as the permittee was previously only required to monitor the total residual chlorine concentration. The fecal coliform concentration in the effluent of NC5741 was 580 FUJ100 mL on August 6; 2007, which exceeds the permit daily maximum limit of 400 CFU1100 mL. 2) The duration and gravity of the violation; The permit limit for total residual chlorine was exceeded by 721 to;7,757% on the monitored days during the month'. Since dechlorination equipment had not been installed it is likely that the residual chlorine concentrations exceeded the permit limit can each day during the month. An Authorization to Construct for dechlorination facilities from the Construction, Grants, and Loans Unit was issued on September 6, 200T ) The effect on ground or surface water quantity or quality or on air quality; Residual chlorine reacts with organic matter in water and creates disinfection -products (trihalomethanes, haloacetic acids, etc.), which are toxic to both humans' and aquatic organisms. ) The cost of rectifying the damage; The cost is unknown 5) The amount of money saved by noncompliance; The amount of money saved is equivalent to the cost for the design, installation, certification, and operation of a dechlorination system. ) Whether the violation was committed willfully or intentionally; The permittee was given 18 months from the time of the last permit renewal (June 8, 2005) to the time the lower chlorine limit went into effect (December 1, 006) to have the necessary equipment designed, purchased, and installed. PPPFF' 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and There have been eleven other CPAs against Go Go Properties, LLC and the previous owner (s) at The Hideaways WWTP during the life of the permit with eight CPAs having been issued in the past twelve months as detailed below. Case Number Description LV-2008-0037 $1,58189 LV for total residual chlorine in 7-07. Penal tV is unpaid, LV-2008-0023 $1,208.89 LV for total residual chlorine in 6-07. Penal !yj§_uri aid. LV-2008-0006 $1,208,89 LV for total residual chlorine in Penal is un aid, LV-2007-0583 $98&89 LV for total residual chlorine in 4-07. Penal was aid in fu11. LV-2007-0495 $883.89 LV for total residual chlorine in 3-07. Penal tv was paid in full. LV-2007-0346 $881.50 LV for total residual chlorine in 2-07, Ptnal is un aid. LV-2007-0216 $1,081 .50 LV for total residual chlorine in 1-07. Penal is unpaid. LV-2007-0192 $831 M LV for total residual chlorine in 12-06. Penal is un aid.�� 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $81.50 Ba—te 7- RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS Pe it; SIR Facility Name: Par r: Report Date: 12107/07 Major Minor: ° Charlotte eklerrbcrr Utitly Qepa n • MAtptr►e COt}NTl°. Mecklenburg REGION: Mooresville PERMIT: NC00Ap70 FACtL1TY: Creek �` cx�B ""� 4:EIIItIUOSAtIOlS N„„w.w � MONITORING„OU'TFALF� ��`� VtOLATIQN. DATE FREQU CY UNIT Q MEASURE LIMIT CAi DULATED VALUE „��' VIOLATION TY �.VtC)LATIC7N ACTION , � REPORT' PPt L AT1QN PAI AAETER 1,0 Dail Maximum Exceeded Y None 08 2007 001 °µ ` W Coldorm, Fecal MF, M-FC Effluenf 0 7 week #1100m1 - Broth 44.5C Go Properties LLC - The Hideaways W P COUNTY: Mecklenburg REGION: Mooresville ` PERMIT: NCO0667401 FACILITY: o Limit Violation MONITORING OUTFALL J PPI PARAMETER VIOLATION DATE FREQUENCY UNIT OF MEASURE LIMIT CALCULATED VALUE VIOLATION TYPE VIOLATION ACTION V, y w r � REPORT LOCATION /28 -630 - Gaily Maximum Exceeded None 6 � 08 -2007 001 Effluent Chlorine, Total Residual 08/05107 2 X week ugti Exceeded None 001 Effluent Chlorine, Total Residual 08106/07 2 week u911 `'°28 20% Daily Maximum 08 -2007 ug1l -8 - J70 Gaily Maximum Exceeded None 08 -2007 001 Effluent Chlorine, Total Residual 08114/07 2 X week None ugtl 48 "920 Gaily Maximum Exceeded 08 _2007 001 Effluent Chlorine, Total Residual 08/1 /07 2 X week ' week ug/I 28 `380 Dail Maximum Exceeded y None 08 -20 7 01 Effluent Chlorine, Total Residual 08119107 2 X L8 2„200I Daily Maximum Exceeded None 08 .2007 001 Effluent Chlorine, Total Residual 08121/07 2 week u g Il Chlorine, Total Residual 08126/07 2 X week ug1l 28 "690 Daily Maximum Exceeded None Oa _ 200 7 001 Effluent 28 " 230 Dail Maximum Exceeded y None 08 -2007 001 Effluent Chlorine, Total Residual 08130107 2 week ugtl i #1100ml {10 '-'£680 ^ «t' Daily Maximum Exceeded None 08-2007 001 Effluent oliform, Fecal MF, M-FC 08/06/07 2 X month Broth,44.5C- FC CC' IQ---W K&UHVtu State of North Carolina Mpwtment of J114>tice t" 2009 Roy coo PE R PO BOX 629 Reply to: Env' tart Division Ralc-Agh, North Carolina Bonisha R. plc 27602 . t rs )716,6970 1 766 MEMO John Verdeje FROM: Bonisha R. Clark, Paralegal for Phillip Reynolds, Assistant Attorney neral DATE: December 29, 2008 SUBJECT: PAYMENT T B D CASE NAME: Go Go Properties DENR a . tip-C1 00 -0037, 00 -tail (, & 2008- 0064a : Mecklenburg kl Please find attached a check for the payment in the arnount of seven thousand three hundred twenty-four dollars and eighty-eight cents 1 , 4.98 .. This is the full payment for all of the above- fe enced penalties. We will send the ClosingMemo in approximatelysixty (60) days - if you have any questions or need additional information, please feel five to contact mcat 716-6970. Thank you. Piid Robert B. Krebs (w/a eht Linwood Cox % a ent Amanda Foster (wlartachmeat) ? d mom \ ##■(»}#� Michael F. Easley, u car Wdhwn G, Ross Jr., secretary NoM Carolina Department of Environment and Natural Rainnees Coieen Sullins, Director -i Division ofWater Quality January 4, 2008 CERTIFIED MML 7006 276 00018497 5530 RETURNC EI T REQI7 STD Mr. John Rosenblatt, Jr. Go Go Properties, LLC Past Office Box 240772 Charlotte, North Carolina 28224 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofN.C. General Statute 143-215. 1 (a)(6) and NPDES, Permit No. NCO057401 The Hideaways WWTP Mecklenburg County Case No. L-2008-000 Dear Mr.Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $120 .89 ($1125.00 civil penalty + $ 83.89 enforcement costs) against Go Coo Properties, LLC. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for May 2007. This review has shown the subject facility to be in violation of the discharge limitations found . DES Permit No. NCO 57401. The violations are summarized in Attachment A to this letter.' Based upon the above facts, I conclude as a matter of lave that Go Go Properties, LLB;. violated the terms, conditions, or requirements of NPDES Permit No. NCO 57401 and North Carolina lene al Statute ( U.S.) 43- 1 S. I (a)( ) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established byCa.S. 143- 215.6A(a)(2) Based upon the Above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department ent of Enviroe t and 1,4atural Resources ' d the Director of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against Go Go 'Properties, LC; N. C. Division ofWatcrQualiiy, Mooresville Regional Office, 610 E. Center Ave. Suite 01, MixwesvillcNC 28115 (704) 663-1 " CwtownerScrvicc 1- -674 1125.00 For 9 of the nin 215 discha violati limit f $ 83.89 Enforcement costs. $ 1208.89 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. 14311- 282. 1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in, complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose hirther 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 7 2. € t 6r such e Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any ofthe factual statements contained in the civil penalty assessment document. Because a remission request forecloses the caption of an administrative hearing, such a request must be accompaniedby a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitteA d 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 C.S. 1I3- 282b 1b were wrongftdly applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental age 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 ( whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of water Quality will review your evidence d inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the EnvironmemW Management Commission's Committee on Civil penalty Remissions (Committee). Please e 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. n order to request remission, you must complete and submit the enclosed "Waiver aiver of Right to an Administrative Hearing `ng d Stipulation of Facte'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: Paint Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina279-1617 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 sessment 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 'thin 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 am. and 5:00 p.m., except for official state holidays. The original d 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 Nail Service Center Raleigh, North Carolina 27699-6714 Telephone: (19) 733-2+698 Facsimile: (919) 7-3478 A copy of the petition must also be served. on D NR as follows Ms. Mary Penny Thompson, General; Counsel Department of Enviromnent and Nat.` Resources 1601 Mail Service Center Raleigh, North Carolina 2769 -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 the violations are of a coat' mgwpa not la d tea and You anticipate remedial construction anti -hies' '-- you may wish to consider stions about thi contact theater cc at 704/663-1699. —4,liale—1 Ro4be- rt 6B�Kre�bs��� Regional Supervisor , Surface Water Protection Mooresville Regional Office Division of Water Quality ATrACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments ji ATTACHMENTA CASE NO. LV-2008-0006 Outfall Bate Parameter Repo "value Permit Limit 001 5/l/07 *TRC 290 28(daily maximum) 001 5/3/ 7 *TRC 1170 ug/l 28 (daily maximum) Cull 5/7/07 *TRC 580 28 (daily ) 001 5/8/07 *TRC 1210 ug/l 28 (daily maximum) 001 5/15/07 *TRC 330 ug/l 28 ug/l (daily maximum) 001 5/1 /07 *; C 710 ' 28 ug/l (daily ) 001 5/21/07 *TRC 110 ug/l 28 ug/l(daily maximum) 001 5/22/ 7 *TRC 841 ug/l 28 ug/l(daily maximum) 001 5/30/07 ` *TRC 300 ug/l 28(daily ) Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF:ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN TBE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND GO GO PROPERTIES LLC STIPULATION OF FACTS PERMIT NO. NCO057401 FILE NO. LV-2008-000 Having been assessed civil penalties totaling 1208.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated jagnnLAaM, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of "span of this civil penalty must be submitted` to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of d remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of .2008 BY ADDRESS TELEP14ON fact( of Number: LV- 008-0006 arty: Go Go Properties LLC Mecklenburg zber• NCO0 ' 401 sex ed: $1208.89 >, as to why the 1-2VA(b were steel in the civil penalty assessment document); (b) the violator pLompll abated continuity environmental damage resultingFrom 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 unavoidahle or so ethingyou could not prevent or pre or) (d) the violator had not been assessed civil DenallLes for any previousviolations-, (e) Dayment of the civil penal1y will prevent pUment for the remaining necessary remedial actions (i.e., explain howpayment o tfie civilpenalty willprevent youftomperformingthe activities necessary to achieve compliance). EXPLANATION: (use additional pages as necess MONITORING REPORT(MR) VIOLATIONS for: Report Gale: 12107/07 page, a of -1t Permit: % MRs Between., - 007 and 5-2007 Regiow Mooresville ViolationCategory: Limit Violation ProgramCategory: NPDE Facility Name: % Param Name: County: Subbasim off, 'Violation Action: % Major Minor: ° PERMIT: NCO057401 FACILITY: two Coo Properties LLC - The Hideaway s litf P COUNTY: Mecklenburg REGION: Mooresville Limit Violation 7-, � } ti , �` t � . � � � �� a ( j � r T � 7 T' C • MONITORING OUTFALL! VIOLATIONUNIT OF CALCULATED f C� � � Z7 REPORT PPi LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 05 -2007 001 Effluent Chlorine, Total Residual 05101/07 2 X week ugh 28 290 Daily Maximum Exceeded None 05 -2007 001 Effluent Chlorine, Total Residual 05103/07 2 X week ug1l 28 1,170 gaily Maximum Exceeded None 05 _ 2007 001 Effluent Chlorine, Total Residual 05/07/07 2 X week urdll 28 580 Daily Maximum Exceeded None 05-2007 001 Effluent Chlorine, Total Residual 05108/07 2 X week ugtt 28 1,210 gaily MaxiMLJm Exceeded None 05 _2007 001 Effluent Chlorine, Total Residual 05/15/07 2 X week ujll 28 330 Daily Maximum Exceeded None 05 -2007 001 Effluent Chloride, Total Residual 05116/07 2 X week ugll 28 710 Daily Maximum Exceeded None 05 -2007 001 Effluent Chlorine, Total Residual 05121/07 2 X week ugll 28 110 Daily Maximum Exceeded None 05 _ 2007 001 Effluent Chlorine, Total Residual 05/22/07 2 X week Ugtl 28 840 Daily Maximum Exceeded None 4.. � 0 -2007 001 Effluent Chlorine, Total Residual 05/30107 2 X week u{j1I 28 300 Daily Maximum Exceeded None PERMIT: NCO0 r8 84 FACILITY: hough Econ Inc - Gough E on WWTP COUNTY: Mecklenburg REGION: Mooresville Limit Violation �` � � It✓I - � l � } MONITORING OUTFIALL l VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 05 -2007 001 Effluent Flaw, in conduit or thm 0 l31107 Weekly mgd 0.0012 8.71449 Monthly Average Exceeded None treatment plant QA V20V EFFLUENT DISCHARCENo.—f-01— MONTH-9 b— YEAR2C'Q I ISCHARGE 00 NC NPDF-S PFRMIT NO, 00 5 7 q 01 FACILITY NAME, A �IACLASS--—COUNTY CERTIFIED LABORATORY CERTIFICATION NO. (list addi6onal laboratories on the backside,'page, 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) -- - �1)1 �1;5 ',,R.ADE l V CERTIFICATION NO, PERSON(S) COLLECTM SAMPLES ORC NONE 1'3 • 1 ��l CHECK BOX IF ORC IUS CILkNGED NO FLOW /DISCHARGE FROM SFFE Mail ORIGINAL and ONE COPY to: ATTN: CENTRAL FILES x A DIVISION OF'YVATER QUALITY, (SIGNATURE Oy OPERA` IN CHARGE) DTI E 1617 MAIL SEP VICE CENTER BY kGNA RE, I CERTIFY THAT THIS REPORT IS X�jj�n RALEIGH, NC 276"-1617 A C TE D COMPLETE TO THE BEST OF MY)UNOWLEDGE. aIA4f- 94tit 2414"t 50,050 0001 w400 -Tw­65-7-6-03-57 w610 m30 00600 OM65 < z z Z z z w NAME AND UNM BELOW < INFOz a i HR5jHIS J YMIN I MGD c UNITS i IGIL NIG1L MOIL mG1q1 #1100ML -mrvt. i MG"L m r-rt- ;; Tw 1, 00 0 & I I t I � I1'. 0 O.A0-I 0 111 00& Id 1" "'vt' L jiff rv& 113 t 1. e10069 114 Oct 154to Zi I .-Octool 1, q Z'7 I 'skL —1— z- 1 16 171 es 1201 1 12fl(flol53 0, 0 6 1 so 61-5 231 1 24 00o 7 25 .16 I ttt�ifo 24 1 E 28 29 --- Tq— James D. Allison 704-562-7687' C3ds'_IW/_UU d Facility non -compliant for total chlorine residual due to dechlorin tion unit has not been installed. Please call me if you have any questons. Thank you, .James D, Allison Facility Statis: Cr hase- &4ezk one of the ibn)w ing) ARM cc.JtD=)9data and sam p1-rV fmWeamesm eetpem r-mw-m:em eats alchdir4w e&,�r ares. if appbcab3e) -E:1 C cm pliant r---71 -Um a==)g data sT)dSaM P2X:g fzquer-� do N 0 T rn eetltmZ,tan is x on p2imt T he it t� the D ir Or the 4T=pate R ajior� 0 ffice mV no plia�: � tiatpo tan dall' I d�a`atB�z Publth Or d-,-- ewm=n ant A ny rlbn atim :,,,nl7,, p=nded OMIV the tin e th w 2, e ±71n 4 �C1 � Ln PE= =aa be=rn e mv con of cam. A w ==m stitn mszbn -4-znalso be pmvEed w t-Lin 5 days of the tin e the Pe5n =Ee bP-I= es aq ate of , If the fa c2 ±,y is n on =r, p 2iar t. p) aa_cp AZLCh a 0 f oo re:,e actbnsn and a tin e-tab)e for in proven er, is t:)be m Ade zia required by p art 1,,:, 6 of the N PID E S pe= ±-- oartLfy, underpena]lty of bw , that docu In �nt and an etBo�n e-laa w em Pzepami unde= y dzEcWn or aq:emimbn in I a=zdence w ith a qy� des±;ned tD ass im thatgLlaiif5ed Pe!=MeIP=T� gatlerar4 e,,aaatz the ii�fbzm at ait:rn.ted, Based onmy iyZi:' y of thepe=n orpe==-.swh0 rn m1aged the Ort-)oaepa=mnS dimc� --�z--porsjbl- fr)rgat4--IV the ij:bmatj, the xLfomat oon 3-*n!t1ad z, t:, tcue, a===te, md can P)et . 1 an a" am t'zt t:Pa-z tr sbn ittiv &6-- hL-)= ation, inolldhg the posmbf-Lity of fhIeS 'V� in P=�zn Ent fear jV v-hjac=jS,,, PMTI Pin ittW C? kase pr:ht or type) of D ate Dab- 1,LrIr- Y �) ORJl' - 0,A, -C� �IdonNo. Y (3) —CthnNo. Y (4) C erdfkatbn No. Y`) C erdfr-attn No. PARAM ETEP CODES _maybesblahEd bY MMV theN PD ES Unh-at (919) 733-6083 orhyvis,. a, n'SW1 at,12C,4-- tit he e jb peg sz, --naton as. 1;Y QuIer man T)e Pe= jItee, txn tI-'66VW±n of the sst—tnry auto_-ity rn us��, on Dew a' 15A NCAC ZB D506b)C2)�). Page 2 NORTH CA OLINA DMI SON OF WATER QUALITY Violator: 3o GO qiLs. LLt Facility: The H d s WWTP County: Mecklenburg Case Number: LV-2008-0006 Permit Number: NCO05' 40 ASSESSMENT FACTORS 1 The degree and extent of harm to the t cur of the Stare, to the public health, or to private property resultingfrom the violation, Total residual chlorine in excess of permit limits would be likely to have caused toxic, impacts to aquatic life in the strearn. 2 The duration and gravity of the violation) The violations tih us from 1 through September 2007. An Authorization to Construct dhlo ' ` n facilities was not received until August 30, 200 it limit effective December 1, 2006). 3) The effect on ground or surface water quantity or quality or on air duality No effect is expected on ground water or air quality. The discharge is likely to have caused toxic' impacts on aquatic life in the receiving stream. 4) The cost of rectifying the age; e cost is unknown. S} The amount of money saved by noncompliance, Money was saved by not purchasing, installing, and operating dec lorination equipment. Prices found at www, o {ecoxoni/store : a tablet dispenser sufficient to treat up to .001 .MGD costs $1 2.00 and 154 sodium bisullite tablets for dechlormation costs $152.50. Engineering costs are unknown: 6) Whether the violation was committed willfully or intentionally'; e violation appears to be willful. The ORC informed the owner of the need toinstall the dechlorination equipment 11w owner did not provide the necessary equipment for over ten months. T The prior record of the violator in +� over which the Environmental and Case Number Description_ LV 2007 0503 4IM7 $983.89 TRC LV 2007 0495 312007 $883.89 TRC LV 2007 0346 2/2007 $881.50 TRC LV 2007 0192 TRC factor of 1.25 was used to calculate the The cast to the State of the enforeen The cost to the Mooresville Regional Offi e Date oj plying or failing to comply with programs ge entt Commission has regulatory authority; case case n case open case n case open civil penalty for case LV 2009 0006. eatprocedures. was 8 .89. /o,- RO Supervisor P,% F V E D State of North Carolina Department of Justice ROY COOPE R PO Box 62c) Reply to: Envirownental Division ATTORNEY GrjC-ML Raleigh, North Carolina Ronisha R. Cluk 7602 'Tet ; (919) 716-6970 2 on DWIQ-111,�A' F kw'.' "a .,r iszxif MEMV TO: John Verdejo FROM: Bonisha R. Clark, Paralegal for Phillip Reynolds, Assistant Attorney General DATE: December 29, 2008 SUBJECT: PAYMENT RECEIVED CASE NAME: Go Go Properties DENR Nos.: WQLV 2008-0006,2008-0023,2008-0037,2008-0050, ASIRW 44""M COUNTY: Mecklenburg Plea -se find attached a check for the payment in the amount of seven thousand -three hundred referenced penalbes. we wilt sen-1 uie �iosing memo to approxunatcLy smty tout unys. If you have any questions or need additional information, please feel free to contact me at 716-6970. Thank you. cc: File Robert B. Krebs (w/attachment) Linwood Cox (w/attachment) Amanda Foster (w/attachment) GOGO PROPERTIES, LLG 13f�$ 421 Rt}UWAtE A0 C' TU NC 28217 11690 DATE 0-111 O ; O 9" , OF -72C _ o v se , C p., d VrLLr�wx WACUOVIAL 11#00L 408110 Co'0 5 3000.2194 20000 2 `280 22118 VV j Michael F. Easley, Governor William Cx, Ross Jr., Secretary AO IW67 North Carolina Department of Environment mid Natural Resour Coleen H. Sullins, Director Division of Water Quality February 7, 2008 CERTIFIED MAIL #7007,I490 0004 4505 RETURNEIPT REQUESTED Mr. John Rosenblatt PC) Box 240772 Charlotte, North Carolina 2824 , SUBJECT: Notice of Violation and Assessment Civil Penalty for "Violations of N.C. General Statute 143 -215. 1 (a)(6) and NPDES Permit No. NC 0574oi The Hideaways WTP Mecklenburg County Case No. L V-20 8-0 64 Dear Mr. Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,68120 ($1,600.00 civil penalty + $81.20 enforcement costs) against Go Coo Properties, LLC. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for September 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NC(1 57401. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Go Go Properties, LlIC violated the terms, conditions, or requirements of NPDES Permit No. NC 057401 and North Carolina GeneralStatute (G.S.) 143-215.1(a)(6) in the martrier and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by C.S. 14- 215.A(a)(2), Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Robert B. Krebs, Regional Supervisor Surface "Water Protection for the Mooresville Region, hereby make the following civil penalty assessment against Go Go Properties, LLC: MA No Carolina aE 4r=xr Mooresville Regional Office ' Division of Water Quality Phone fit 4-663-1699 Customer Service Internet: karwIv ncrvaterauali_t) tort 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-60 0 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer 50% Recy led(l0% Post Consumer Paper 1 600 00 For 8 of the eight ( violation(s) of G.S. 143- 15 1( )( ) and NPDES Permit No. NCO05 7401, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. 1 600.00 TOTAL CIVIL PENALTY 81.20 Enforcement costs. 1 68L20 TOTAL AMOUNT DUE Pursuant to G.S.14-21.6A(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. 14B- 282.1(b), which are; (1) The degree and extent of harm, to the natural resources of the State, to the public health, or to private property resulting from the violations, (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) ` The cost of rectifying the damage, () The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally, (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatoryauthority; 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 (coo not include waiver farm. Payment of the penalty will not foreclose further enforcement action for any continuing or new violations. Please submit payment to the attention of: Paint Source 'ompliancel nfore meat Unit Division of rater Quality 1617 Mail Service Center Raleigh, North Carolina 27699• 617 OR . Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed., Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must b accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted,' d submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143- 2.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; () whether the violation was inadvertent or a result of an accident, (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee), Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission., you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice, The Division of Water Quality also requests that you complete and submit the enclosed "Justification. for Remission Request," Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am. 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 taxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following thefaxed 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of a confinuin2 naturenot related to a eratic n d/c r aint n rc bl s c antici ate r medial construction activities then nu mav wish to considstion about this civil nenaltv assessment car S cial t rder li Consent lease contact the Water Oualitv Section staff o the Mores ille R ian l f eat �- l . d0 -A:,-- (Date) Robert B. 'Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc. Water Quality Regional Supervisor w/ attachments Co li ce/Enforcennent pile w/ attachments Central piles w/ attachments Rb/ a CASE NO. LV-2008-0064 Outfall Parameter` Reported Value 001 Total residual chlorine 400 jt/1* 001 Total residual chlorine 510 It /l* 001 Total residual chlorine 470 It/l* 001 Total residual chlorine ' 1,040 pg/l* 001 Total residual chlorine 330 pt /l* 001 Total residual chlorine 1,170 µg/l* 001 Total residual chlorine 290 µg/l* 001 l A, ot Ta residual chlorine D70 µgll * Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL SOURCES COUNTY OF MECKLENBURG IN THE, MATTER OF ASSESSMENT } WAIVER OF FIGHT TO A OF CIVIL PENALTY AGAINST ADMINISTRATIVE TIVE HEARING AND GO GO PROPERTIES,, LLC ` ) STIPULATION N OF FACTS PERMIT NO. NCO057401 FILE NO. LV-2008-00 4 Having been assessed civil penalties totaling $1 81.20 for violation(s) as set forth in the assessment document of the Division of Water Quality dated februarL, j7, 2008, the undersigned, desiring; to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. ' No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number.LV- 008-0064 Assessed Party. Go Go Properties, LLC County: Mecklenburg Permit Number: NCO057401 Amount Assessed: $1,681.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Re nest Far Rcmissa in T Giver Ri ht tc an fdministrative Hearine, and Stipulation a 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 mare 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 .C. . . § 1431-282.1(c), remission of civil penalty may be granted only when one or ore 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. 143.3-282.1 b were wron full a lied to the detriment of the etitioner (the assessment factors are listed in the civil penalty assessment document); r (b) the violator rom tl abated continuin envirinn2erital damn e resultin 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 far); (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 cif the civil penalty will prevent youftomperforming the activities necessary to achieve compliance), EXPLANATION. (arse additional pages as necessary) rpov. NORTH CAROLINA DIVISION OF WATERLLIT Y Violator o Go Properties LLC Facility: The Hideawa s WWTP County; Mecklenbur Case Number-. LV-200 -O0 4 Permit Number; NCO05' 40t ASSESSMENT FACTORS 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 total residual chlorine concentration in the effluent exceeded the permit limit on eight monitoring occasions during the month of September 2007 This is the ninth month of the lowered permit limit for NCO057401 as the permittee was previously only rewired to monitor the total residual chlorine concentration. 2) The duration and gravity of the violation; The permit limit for total residual chlorine was exceeded by'935.7 to 4,075.5% on the monitored days during the month.' Since dechlorination equipment had not been installed it is likely that the residual chlorine concentrations exceeded the permit limit on each day during the month. An Authorization to Construct for dechlorination facilities from the Construction, Grants, and Loans Unit was issued on September 5, 2007, but not installed until October 31, 2007. :3) The effect on ground or surface water quantity or quality or on air quality; Residual chlorine reacts with organic matter in water and creates disinfection by-products (trihalomethanes, haloacetic acids, etc.), which are toxic to bath humans and aquatic organisms. ) The cost of rectifying the damage; The cast is unknown ) The amount of money saved by noncompliance; The amount of money saved is equivalent to the cost for the design, installation, certification, and operation of a dechlorination system ) Whether the violation was committed willfully or intentional; The per ittee was given 18 months from the time of the last permit renewal (June S, 2005) to the time the lower chlorine limit went into effect (December 1, 00 ) to have the necessary equipment designed, purchased, and installed. 7) The prior record of the violator in complying or failing to comply with programs IdA99 over which the Environmental Management Commission has regulatory authority; and There have been twelve other CPAs against Go two Properties, LLC and the previous owner (s) at The Hideaways WWTP during the life of the permit with nine CPAs having been issued in the past twelve months as detailed below. Case Number Deser LV-2008-0050 $1,431,20 LV for total residual chlorine in 8-07. Penalty is within the 30-day LV-2008-0037 $1,83.89 t V far total residual chlorine in 7-07. Penal is un aid. LV-2008-0023 $1,208.89 LV for total residual chlorine in 6-07. Penalty is un aid. LV-2008-0006 $1,208.89 LV for total residual chlorine in_5-07. Penal is unaid... LV-2007-0583 $983.89 LV for total residual chlorine in 4-07. Penal tv was paid in full, LV-2007-0495 $883.89 LV for total residual chlorine in 3-07. penal was aid in full... LV-2007-0346 $881 ,50 LV for total residual chlorine in 2-07. Penal is un `aid. LV-2007-0216 $1,081.50 LV for total residual htlorine in 1-07. Penal is a aid. LV-2007-0192 $831 . 50 LV for total residual chlorine in 12-06.Penal is un aid. 8) The cost to the State of the enforcement procedures. Cost to the Regional Office is $81.20 /4-- Date RCS Supervisor Division of Water Quality 000 MONITORING REPORT(MR) VIOLATIONS for. Report Date. 01/29108 Page: I of 14 Permilf: °f MRs B tuveen... 007 and : tlil7•, Region. loores�rllle ; Violation Category. Ltrtt€t•VICa#attorl . Program Category. NI C1E VWv Facility Name: "Irr 'Param'C?tame: °I" ,,;` .;,::Cdun ° ubbasln> °I: Vlglatlon Aklon. ° ,. Major Minor; `Ya < . •; PERMIT. NCO057401 FACILITY. Go Go Properties t LC - The Hideaways WWTP COUNTY: Mecklenburg REGION: Mooresville Limit Violation �w.. \f- �� .'2 MONITORING OUTFALt: f VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER" DATE FREQUENCY MEASURE : LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 09 -2007 001 Effluent Chlorine, Total Residual 09/04/07 2 X week ug/I 28 400 Daily Maximum Exceeded None � AV 09 -2007 001 Effluent Chlorine„ Total Residual 09/05107 2 X week ugll 28 510 - Gaily Maximum Exceeded None 09 -2007 ool Effluent Chlorine, Total Residual 09110/07 2 X week ugll 28 470 Daily Maximum Exceeded None , 09 _2007 001 Effluent Chlorine, Total Residual 09/12/07 2 X week ug/l 28 1,040 Daily Maximum Exceeded None 09 -2007 001 Effluent Chlorine, Total Residual 09/16/07 2 X week ug/I 28 330 Daily Maximum Exceeded None 09 -2007 001 Effluent Chlorine, Total Residual 09/20/07 2 X week ugA 28 1,170 Daily Maximum Exceeded None 09 -2007 001 Effluent Chlorine, Total Residual 09/24107 2 X week ugtl 28 290 Daily Maximum Exceeded None 09 - 007 001 Effluent Chlorine, Total Residual 09/26107 2 X week ug/i 28 570 Daily Maximum Exceeded None w f , PERMIT: NCO068084 FACILITY. Gough Econ Inc - Gough Econ WWTP COUNTY: Mecklenburg REGION: Mooresville ,�. �• Limit Vitalatio -� M ONITORING �D�ALL t VIOLATION CALC TECa 'IOLAJON REPORT PPI LOCATION PARAMETER ��°t�OF DATE FREQUENCY,"MEA URE 1MIT VALU �"""' TYPE VIOLATION ACTION 09 -20{l7 001 Effluent Coliform, Feral MF, M-FC 12 107 2 X K" #/100ml 400 590 Daily Maximum Exceeded None Droth,44 5C t o Stag Fade 1 of 1 Marshall Corporations Herne Click hire to - Search y Corporate Name View Document Filings ;rtUp t or -' tin Search FoNew r Corporation rent Apr -cold Annual ReporFonn t (4r►nReport l Count � File Search y-Registered dinan t Annual Report I Important l*iokte Corporation Names Corporations FA !-itawrrr" Asiic1lCii FA NaCTI Name Type Tobacco Manufacturers Gogo Properties, LLC Legal- Dissolution FtBjJCirt Limited i.ib}l#tjf C7m1t Ii1fi`i1$It1 Non -Profit> Reports L%ertf}/ Certification ciID: 017 OiidnL ,4rtt'lU3l E'pCFit5 E3 113 Annual '(SCit`$s lillMsi1ip iot7itI SOSID Number Correction State f Inc.: N 2001 Bill Summar1999 ies t!CdIYti: II Senate dill Registered Agent" Annual Ftcarks 19 CC3CpC7Cef;lC1Yt 1997 Agent ;Name: Rosenblatt, John, Jr. Register for -Prcrcurt'tTik.*itt Registered Office Addressr" 421 Rountree Roa;) Dept. of Revenue Charlotte I~t 17 Registered Mailing PO CSX T' ONLINE ORDERS Address: Charlotte N 4 Start An Order Principal Office Add 1 Rountree Road hliu Pint Procedures Charlotte lV 17 Principal Mailing Address: O ca 407 CONTACT tip hrtcat Corporations Ciiuiicari Secretary of State"s eb site Secretary of State Home Secretary cs state it Map Printable Page For questions or comments about the Secretary of State's web site, Please send e-mail to ibsrrr. http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=6538325 /0/00 Prfina SecNorth Carolina DEPARTMENT OFTHE Elc Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NO 27626-0622 (919)807-2000 CORPORATIONS Date: 3/10/2008 retary CurrLINKS & LEGISLATION Date Formed: 10/11/2004 ent-Active TOOLS c) w Prfina SecNorth Carolina DEPARTMENT OFTHE Elc Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NO 27626-0622 (919)807-2000 CORPORATIONS Date: 3/10/2008 retary CurrLINKS & LEGISLATION Date Formed: 10/11/2004 ent-Active TOOLS c) w t (} Michael R Easley, Governor William G. Ross Jr., Secretary y� North Carolina Department of Environment and Natural Resources C `C Coleco H. Sullins, Director Division of Water Quality October 15, 2008 CERTIFIED MAIL RETURN RECEIPT RE UESTED70071490 0004 4510 0608 Mr. John Rosenblatt, Jr. Go Go Properties, LLC Post Office lox 240772 Charlotte, North', Carolina 28224 SUBJECT: Rescission of Notice of Violation and Civil Penalty Assess lent fur Violations of NC; General Statute 143-15.1 a 6 and NPDPS Permit No. NCO057401 The Hideaways W WTP Mecklenburg County L"V-008-0303 Deaf Mr. Rosenblatt: On August 13, 2008 Go Go Properties, LLC. was assessed a $608.89 civil penalty for Permit limit violations occurring in April 2008, 1 hereby rescind the subject Notice of Violation and Civil Penalty Assessment (LV-2008- 0303). The Division's enforcement tracking databases have been modified to reflect this change. Should you have any questions concerning this correspondence, please contact me at (70) 66-1699. Sincerely, Robert B. Krebs Surface Water (duality Regional Supervisor cc: Point Source Coanpli ee/1 nforcem nt Unit JL Mailing Address Phone (704) 663-I699 Location One 610 East Center Avenue, Suite 301 Fax ('704) 663-6040 610 East Center Avenue, Suite 301 No Carolina Mooresville, NC 28115 Mooresville. North Carolina Internet: wwwatm,aterrtualitv.orir Customer ServiceI-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recyciedl10% Past Consumer Paper 0� Michael F, Easley, Governor William G, Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources Coleen 14, Sullins, Director Division of Water Quality September 10, 2008 Mecklenburg County Sheriffs Department 700 East 4"' Street Charlotte, North Carolina 28202 Re: NOTICE OF SERVICE John Rosenblatt, Jr. Go Go Properties, LLC Dear Sheriffi Please serve the attached correspondence as follows: Go Go Properties, LLC 421 Roundtree Road Charlotte, NC 28217 It is our understanding that because we are a State agency, no fee is required for this service. We would appreciate your returning the completed Return of Service form in the return envelope provided herein, The Surface Water Protection Section appreciates this assistance from your department, Should you have any questions, please contact me at (704) 663-1699, ext. 2176. Sincerely, A J-4 Robert B. Krebs Surface Water Protection Supervisor Enclosures Mailing Address Phone (704) 663-1699 Location 14ne oyhCarolina 610 East Center Avenue, Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 A �7tutallb( Mooresville, NC 28115 Mooresville, North Carolina Internet: wvvAv.ncwateruua1itv,ora Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper 7- Michael F. Easley, Governor C, William t3. Ross Jr,, Secretary t North Carolina Department of Environment and Natural Resources t `C Coleco 1-1, Sullins, Director Division of Water Quality August 13, 200 CERTIFIED MAIL. 7007 1490 0004 4510 0219 RETURN RECEIPT REQUESTED Mr. John Rosenblatt, Jr. Go Go Properties, LLt Post Office Box'240772 Charlotte, North Carolina 28224 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.G. General Statute 143- 15.1(a)(5) and NPDES Permit No NCO057401 The Hideaways T Mecklenburg County Case No. .V-2 08-9303 Dear Mr.Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $59 .89 ( 525.00 civil penalty + $83.89 enforcement costs) against two Go Properties, LLC. This assessment is based;, upon; the following facts: A review has been conducted of the self -monitoring data reported for April 2008, This review has shown the subject facility to be in violation of the discharge limitations found in NPDE;SPermit No. NCO057401. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Go Go Properties, LLC violated the terms, conditions, or requirements of NPDES Permit No. NCO057401 and North Carolina General Statute (G S.) 143-215.1(a)(5) in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 1-215.5A(a)(2)'. Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the [director of the Division of Water Quality, 1, Robert B. Krebs, Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against too Go Properties, LLC: Mailing Address Phone (70 ) 663-1699 Location nt h rax c,I�r', 610 bast Center venue„ Suite 301 Fax (704) 663-6040 610 East Center Avenue, Suite 301 'qII ,i"I Mooresville, NC' 28115 Mooresville, North Carolina Internet; wwwnervaterctualitv.ora Custorner Service 1=877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recyeledf10% Post Consumer Paper 150.00 For I of the one (1) violation of G.S. 143- 215. l(a)(6) and NPDES Permit No. NCO 05740 1, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for BOO. 375.00 For I of the one (t) violation of G.S. 143- 215. 1 (a)(6) and NPDES Permit No. NCOO by discharging waste into the waters of the State in violation of the permit monthly average effluent limit for BOD. 525 .00 TOTAL CIVIL PENALTY 83.89 Enforcement costs. $ 608.89 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 GS. 14311- 282.1 (b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The, effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the. violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority-, and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Leta artnient, of Environment and Natural Resources (do not include waiver jbrtn). 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, Forth Carolina 27699-1 C 17 OR . Subunit a written request for remission including a detailed ,justification for such request Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the Penalty assessed. Requesting remission is not the proper Procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request roust be accompanied by a waiver of your right to an administrative hearing and stipulation that no factual or legal issues are in dispute, Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the division of Water Quality at the address listed. below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 1 d313- 2 2,1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resultingfr6m 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 ( whether payment of: the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The director of the Division of rater Quality will review your evidence and inform you of his decision in the natter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. '144 In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) clays of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request."Both forras 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 . file a petition' for an administrative hearing with the Office o 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 tiled 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 Mate holidays. The original and one (1) copy of the petition must be filed with the Office of .Administrative Hearings. The petition may be taxed -- 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 Hearing is: Office of Administrative Hearings 6714 Mail Service Center' Raleigh, North Carolina 27699-6714 `."elephone: (19) 733-2698 Facsimile: (91) 733-478 A copy of the petition must also be served on DINR as follows: GIs. Mary PennyThompson, 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 {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 the violations are of a continuing Mature not related to operation and/or maintenance roblerns and ou antici 'ate ren ec ial construction activiries then oua wish to consider a l in fcir a 'eial }rder b Consent. f ou have a uetions about this cnmct the Water Oualitv section staff of the Mooresville Regional Office at 70 / 63-1 h99. d�or_ ate) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water (duality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments jl ATTACHMENT A CASE NO. LV-2008-0303 Outfall Date Parameter Reported Value Permit Limit 001 4/2-8/2008 1301) *78 mg/I 45 mg/I (daily maximum) 001 4/2008 BOD *51 mg/ I 30 mg/I (monthly average) Denotes civil penalty assessment Pr STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY }F MEC . EN [JRG IN THE MATTER OF ASSESSMENT } WAIVER OF RIGHT TO A OF CIVIL PENALTY AGAINST ADMINISTRATIVE TIVE HEARING AND GO GO PROPERTIES LEE STIPULATION OF FACTS' PERMIT NO. NCO05 7 01 ) FILE NO, 1,V-200 -t1303 Having been assessed civil penalties totaling +608.89 for violations) as set forth in the assessment document of the Division of Water Quality dated August ust 13, 2008, 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 of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of 2008 Y ADDRESS TELEPHONE 'Imq JUSTIFICATION FOR REMISSjQN,gE_QtJEST DWQ Case Number: LV-2008-0303 Assessed arty. Go Go PropertiesLL County: Mecklenburg Permit Number: NC O057401 Amount Assessed. $608,9 Please use this form when requesting remission of this civil penalty. You must also complete the "Rea uest For Remission Waiver o Ri ht to an Administrative Hearing and Stipulation cr l#' cts„ 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 cavil 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 3 -2 2.1( ), remission of a cavil 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 whys the factor applies (attach additional pages as needed:). _ (a) one or more of the civil penalty assessment factors in .C.G. . 143B- 2.1 b were wronafally apvlied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment documen); (b) the viole 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 somethin you could not prevent rr prepare f r"); (d) the violator had not been assessed civil penalties for an revious violations; _ (e) payment of the civil ezaalt will revent naenf for tlfe renainin necessaz remedial actions (Le,, explain how payment o the civil penalty willprevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISIO :or: Go Go Properties, LLC tys The Hideaways WWTP ty: Mecklenbur ASSESSMENT N OF WATER QUALITY FACTORS violation; depleted oxygen levels in the receiving stream. ttion and gravity of the violation; tion was the result of an improperly operating Rotating Biological Co it a monthly average l mi 3 occurred. receiving stream. The cost of rectifying the damage; The cost is unknown. The amount of money saved by noncompliance; Money may have been saved by not properly maintaining the process equipment (Rotating Biological Contactor): Whether the violation was committed willfully or intentionally; The violations do not appear to be willful or intentional. The prior record of the violator in complyin ling to comply with programs over Fn has regulatory authority; EM I Seven enforcement cases have been assessed against the pen-niffee in the past 12 month period. factor of 1.50 was used to calculate the civil penalty for this case (LV-2008-0303). and 8) The cost to the State of the enforcement procedures. The cost to the Mooresville Regional Office was $83.89. j 4 16,C Date RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Report Date. 07{31108 Page: 11 oils Perttllt:; °. R Ile, : , , n .. . and; ° ton" otxr stale : ` 1k'#tal tata Pr gram, t t ra NPDE�S 10 tt pf ti .. og :. 1 ? Eaeltlf}r i .;, -." lit me tltaest= ataii:Atttar ; PERMIT: NCO036277 FACILITY: Charlo#te-Mecklenburg Utilities - McDowell Creek WWTP COUNTY: Mecklenburg REGION: Mooresville Limit Violation MONITORING OUTFALL { VIOLATION UNIT OF CALCULATED REPORT; PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 04 -2008 001 Effluent Chlorine; Total Residual 04/10/08 5 X week ug l 20 90 Daily Maximum Exceeded None 04 -2008 001 Effluent Chlorine, Total Residual 04110108 5 X week ugli 19 90 Daily Maximum Exceeded None PERMIT: NCO067401 COUNTY: Mecklenburg REGION: Mooresville FACILITY: - Go Go Properties LL+ - The Hideaways WWTP Limit Violation MONITORING OUTFALL{ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 04 -2008 001 Effluent Solids, Total Suspended 04/28/08 '2 X month mg1I 45 78 Daily Maximum Exceeded None 1 �' rrI' Monthly Average Exceeded None ` 04 -2008 001 Effluent Solids, Total Suspended 04/30/08 2 X month mg/1 30 51 _... - PERMIT: NCO063789 FACILITY: Heater Utilities Inc - Mint Hill Festival WWTP COUNTY: Mecklenburg REGION: Mooresville Limit Violation MONITORING OUTFALL{ VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 04 -2008 001 Effluent BCOD, 5-Day (20 Deg. C) 04/16/08 Weekly mg/1 7.5 10 Daily Maximum Exceeded None wim Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen 1-H, SuIlins, Director Division of water Quality September 10, 200 Mecklenburg County Sheriff's Department 700 East 41h Street Charlotte, North Carolina 2202 Ile; NOTICE OF SERVICE John Rosenblatt, Jr. Go Go Properties, LLC Dear Sheriff: Please serve the attached correspondence as follows: Go Go Properties, LLC 421 Roundtree Road Charlotte, NC 2217 It is our understanding that because we are a State agency, no fee is required for this service. We would appreciate your returning the completed Return of Service form in the return envelope provided. herein. The Surface Water Protection Section appreciates this assistance from your department. Should you have any questions, please contact me at (704) 66 -1699, ext. 2176. Sincerely Robert B. Krebs Surface Water Protection Supervisor Enclosures Mailing Address Phone (704) 663-I699 Location One 610 East Center Avenue, Suite 301 Fax 704 663-6040 610 East Center Avenue, Suite 301 No 12C arcxlzna t ) ���irrrxlT Mooresville„ NC 28115 Mooresville„ North Carolina Internet: Customer Service 1-877-623-6748 An Equal Opporlunity/Affirmative Action Employer— 50% Recycletlt10% Post Consumer Paper RETURN OF I I certify that this summons and a copy of cc Irate served IName of Defend I I I I I I { } By delivering to the defendant named above a + I f By leaving a copy of summons and complaint, I defendant named above with a person of suitab I { i As the defendant is a corporation, service was a complaint to the person named below. I I Name and address of person with whom copies left (If c I I I Other manner of service (specify) ERVICE plaint were received and served as follows: Defendant I.. nt py of the summons and complaint. the dwelling house or usual place of abode of the age and discretion theta residing therein. ected by delivering a copy of the summons and poration give title of person copies left with)) I ( ) Defendant WAS NOT served for the following reason. I I I Defendant 2. I I Date served. IName of 'Defendant I I I I I{ } By delivering to the defendant named above a copy of the summons and complaint. I { } By leaving a copy of summons and complaint at the dwelling house or usual place of abode of the I defendant named above with a person of suitable age and discretion then residing therein. I I { } As the defendant is a corporation, service was effected by delivering a copy of the summons and I complaint to the person named below. I Name and address of person with wham copies left (If corporation give title of person copies left with) I I I I { } Other manner of service (specify) I I t e r. r r � r'•wr a ry �, r..-m s c .r r err C I (Service Fee PaidIDate I I 1 I I By I Date I I I L DSS-4668 I CSE/ACT ceived INarne of Sheriff I Return[County I IDeptuty Sheriff Making Return I I North Carolina Secretary of State Page 1 of 1 North Carolina ` Elaine F Marshall DEPARTMENTOFTEE Secretaty SECRETARY OF STATE Po Box 29622 Raleigh, NC 2762 622 919 o7-2000 CORPORATIONS Gate: 9/10/2008 Corporations Home Click here to. Search By Corporate Name View Document filings I Sign Up for B-Notifications I Search For New Corporation Print apre-populated Annual Report Form I Annual Report Count I (File Search By Registered Agent an Annual Report I Important Notice Corporation Names Corporations FAQ Homeowners` Association FAQ Name Name Type Tobacco Manufacturers Gogo Properties, LLC Legal Dissolution ReportsLimited Liability bility Company Information Non -Profit Reports Verify Certification SQSID 0747552 Online Annual Reports Status: Current -Active LINKS & LEGISLATION Date Formed: 10/11/2004 KBBE B213 Annual Reports Citizenship. Domestic SOSID Number Correction State of Inc.. N 2001 Bill Summaries Duration: Perpetual 1999 Senate Bills Registered Agent Annual Reports 1997 Corporations 1997 Agent Name. Rosenblatt, John, Jr. Register for E-Procurement Registered Office Address. 421 Rountree Road Dept. of Revenue Charlotte NC 2217 ONLINE ORDERS Registered Mailing PO Box 24077 Address: Charlotte NC 28224 Start An Order Principal Office Address. 421 Rountree road New payment Procedures Charlotte NO 2 217 CONTACT US Principal Mailing Address: 421 Rountree Road ��.......� [Corpo:r:ationsCharlotte NC 28217 Division TOOLS Secretary of State Horne Secretary of State Site Map Printable Page http.//www.secretary.state nc.us/corporations/Corp.aspx?Pitemld=6538325 9/10/2008 \14A Michael F. Easley, Govc� C, William G. Ross Jr,, Secreu North Carolina Department of Environment and Natural Resourc Coleen H. Sullins, Direc Division of Water Qual September 30, 2008 CERTIFIED MAIL 7007 1490 0004 4510 0493 RETURN RECEIPT, REQUESTED Mr. John Rosenblatt, Owner Go Go Properties, LLC P.O. Box 240772 Charlotte, NC 28224 SUBJECT: Notice of Violation Tracking No.: NOV-2008-PC-0693 Compliance Evaluation Inspection The Hideaways WWTP NPDES Permit No. NCO05 7401 Mecklenburg County, North Carolina Dear Mr. Rosenblatt: On August 20, 2008, Mr. Christopher Elmore of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was - conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Violation (NOV) due to the violations of the subject NPDES permit and North Carolina General Statute (G.S.) 143-215.1 as detailed in the Operations & Maintenance section of the attached report. Pursuant to G.S. 143-215.6A, a civil 4 N,,'ethC HK Nalu le Regional Office Division of Water Quality Phone 704-663-1699 Custon 610 East Center Ave, Suite 301 Mooresville, NC 8115 Fax 704-663-6040 1-877- M N, St h( The Hideaways WWTP Page 2 Sincerely, (4, Robert B. Kr Regional Suf Surface Watt Enclosure cc: Rusty Rozzelle, MCWQP Mr. Jarnes Allison (ORC), PEA. Testing & Trainir 260 Hemingway Lane, Fort Mill, SC 29708 RBKJcfe/MA FILE: WQ Hideaways 0057401.0808 fitters, please do not United States Environmental Protection Agency, Washington, DC 20460 Form Appr( NPDES Compliance Inspection Report AN X!Xj OMB No. 2040 North Carolina Department of Environment and Natural Resources Approval Ex 01 Division of Water Quality, Mooresville Regional Office NCDENR 7/31/85 Section A. National Uata stem +Colin Code NPDES Permit No. YRIMO/DAY Inspection Type Inspector Facility Typi 5 NCO057401 08/08/20 C C 2 Remarks: Inspector- Mecklenburg County Water Quality Program k Days Facility Self -Monitoring Evaluation Rating BI QA ...........Reserved ........ 3 N N Section B. Facility Data ration of Facility Inspected: Entry Time: Permit Effective Da i WWTP 10:40 AM May 1, 2005 Exit Time. 'ounty, NC 11:34 AM Permit Expiration I Date: June 30, 2010 ust "A" t-Site Representatives ------- Title(s) -- — ---- Phone No(s): son Operator in Responsible Charge (704) 562-7687 iress of Responsible Official: Title: iblatt Owner 72 Contact' 28224 Phone No. Contact( (803) 588-2089 No Section C: L�g Flow Measurement Z Operations& Maintenance eports Self -Monitoring Program 0 Sludge Handling/Disposal :e Review Compliance Schedules El Pretreatment Program eceiviqa Waters 2 Laboratory Fi Stomwater F Signature(s) of Inspector(s): Agency/Ofrice/Telephone: Date: Christopher Elmore MCWQP/(704) 336-5500 Angus Si mature Agmg/Office M — ture of Reviewer; D _—i R Division of Water Quality Marcia AEocco Surface Water Protection — Mooresville Regional Office Septen EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete GENERAL: The facility was last inspected by MCWQP on September 12, 2007. A Compliance Evaluation Inspection report was issued on October 5, 2007. PERMIT: The current permit properly describes the facility and appears adequate for the waste stream being treated. The existing 0.002 MGD facility consists of a rotating biological contactor (RBQ unit with a RBC basin, settling/clarifier section, chlorine contact basin, dechlorination contact basin, and a filter it. The certification classification for NCO057401 requires that the facility have an operator in responsible charge (ORC) with a Grade I Biological Water Pollution Control System (WW-1) certification. The facility is staffed (ORC and back-up) with personnel that possess the appropriate operator certification. RECORDS/REPORTS: Discharge Monitoring Reports (DMRs) were reviewed for the period August 2007 through June 2008 and appeared properly completed. During the inspection, a comparison between facility records/analytical data and the infonnation contained on the relevant DMRs was completed, This review did not find any discrepancies. All reviewed records, reports, and logs were clear and well maintained. FACILITY SITE REVIEW: All of the major components of the facility were in service and appeared to be operating properly at the time of the inspection. A dechlorination chamber has been added since the last NPDES compliance inspection. The floor of the facility was wet at the time of inspection. The source of the moisture was not immediately apparent. The source of the moisture should be determined and remedied if it is due to a malfunction in the system. FLOW MEASUREMENT: The flow meter at this facility has been removed. Flow in being determined by a volume/time calculation using a container of known volume. This is adequate for determining flow at this facility. LABORATORY: The permittee contracts with P & A Testing and Training, Inc. (NC Certification #5032) to perform all field parameter laboratory analyses specified in the permit and with K&W Laboratories (NC Lab Certification #559), to perform chemical analyses specified in the permit. A review of the documentation and instrumentation associated with field parameter laboratory analyses was completed during the inspection. No deficiencies were found. K&W Laboratories was not evaluated under this inspection. EFFLUENT/RECEIVING WATERS: The facility effluent is discharged to Lake Wylie (Catawba River), which is a Class WS_' III and B water within the Catawba River Basin. The receiving water did not appear to be adversely affected by the effluent. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMRs) were reviewed for the period August 2007 through June 2008. The reports indicate that the facility was in compliance with monitoring frequencies and permit effluent limits, as monitored during the review period, with the following exceptions: 1. The facility effluent total residual chlorine concentration exceeded the permit limit of 8 ug/L for during the months of August 2007, September 2007,'and October;2007. These violations were handled under separate cover by the Division of Water Quality (LV-2008-00 7, L-2008-00o4,'and OV-2 08-LV-008"7). 1 A fecal coliform concentration of 680 C FU/1 0 mL was reported. on August 6, 2007, -which exceeded the permit daily maximum limit of 400 Cr UI100mL, This violation was handled under separate cover by the Division of Water Quality (L-2008.003 . 1 A total suspended solids (TSS) concentration of 78.0 mg/L was reported on April 28, 2008, which exceeded the permit daily maximum limit of 45.0 mg/L. Its addition, the reported TSS` monthly average concentration. of 5 1.0 mg/L exceeded the permit limit of 30.0 mg/L. These violations were handledi der separate cover by the Division of Water Quality (LV-008-303. OPERATIONS & MAINTENANCE: The facility and grounds appeared to be properly operated and maintained. The current overall operating strategy appears acceptable for the size and type of the facility. The facility was shut down due to a malfunction in the system resulting in no flow from the system for May 2008 and June 2008. However, this Office has no record that the per ittee notified the Division of the facility malfunction. As per Part II, Section E, Item 9b, the permittee is responsible for reporting within 24 hours "any process unit failure, due to known or unknown reasons, that render the faacilityincapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. The persons reporting such occurrences by telephone shall also file a written report within S days following first knowledge of the occurrence." The sewage from the system was pumped off and removed for disposal by Biotech Inc. This information indicates the permittee may have been involved in the pumping and hauling of wastewater from the subject facility. Please be advised that a permit from the Division of Water Quality is required for pump and haul (PH) operations of domestic wastewater, per 15 NCAC 2LI.020 (d) (13). This Office has no record of issuance of a P&H permit for the wastewater disposal operation described above. SLUDGE DISPOSAL: Biotech Inc. disposes of waste solids from the RBC unit. Biotech Inc. was not evaluated under this inspection. SEWER OVERFLOW: Please be advised that pursuant to Part 11, Section E of your NPDES permit, and North Carolina Administrative Code (NCAQ 15A 2B .0506 (a)(2), any failure of a collection system, pumping station or treatment facility resulting in a bypass without treatment of all or any portion of the wastewater shall be reported to the central office or the appropriate regional office (Mooresville Regional Office 704-663-1699) as soon as possible but no later than 24 hours from the time the perniittee became aware of the bypass. For spills/bypasses, which occur in Mecklenburg County, it is requested that MCWQP be notified at (704) 336-5500. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at (800) 662-7956, 800/858-0368, or (919) 733-3300. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and PH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. 1§}4S t 1" James D. Allison RE Cs,4 260 Hemingway L,n, Fort ill, SC 29708 $03.648.6906 1704.662.7687 Mrs. Marcia Allocco [division Of Water Quality 6`16 East Center Ave Suite 301 Mooresville, NC 28115 Subject: Notice of Violation The Hideaways WWTP NPD a Permit No. NC B? a7401 Dear Mrs. Allo o. Per your later dated September 36, 2008, noting the NOV for Operations Maintenance, 1 was completely unaware that 1 suppose to notify anyone of the necessary repairs that were needed at the TP, 1 did what l thought was the correct actions in keeping the facility from discharging any nontreated sewage, l will know in the future what is required according to the permit. 1 am sorry for not following the appropriate steps in this matter, If you have any questions please contact meat 704- 2-7 87. M c. Mr. John lsenbltt , No S'F\J No K t L Ut' July 2, 2008 ANDUM Case Files LV-2007-0216 & LV-2007-0346 John Rosenblatt/GoGo Properties The Hideaways WWTP NPDES Permit NCO057401 Bob Sledge,�4 T. Case Status o cases were forwarded to DENR collections for processing. When no payment was, WAYS WWTP tx eX: Osto Assign#& I 12MI ? DENR rTZ16 nos IL PENALTY -,- J on: IMOORIESVILLE Courdr_t NSUR{ EH)T CA ftnalty Amount. $t, .a1 Investigative costs. $81- 0 Sottlement Amount: ii.i}81 aii Amount .54 unt ' c# 1,t? i.54 'ahl: &t1 Cate i d: FORUM €7 RFi S i_[ :f E HI i1EA ptt Forum: � E ._� L iJR ._VI ! Awwnontoat*4 C Recolved Ct ce Ft d: .� a ry, c D LE R SEt�t'i 3/1 8 t 1 t No Daft Rec#kW Amcwt Reeelvocl Rt�SENIBLAT%.it3 &_ D 1 ify. ... .. ' .081. uCa�i s�arrxtrcw„�.t Teat Received. S1,ti81. ftlance Cute. $0.00 � Ch F SL! ! T cowt 140: i $0.00 VV A C Michael F. Easley, Gov r William Q Ross Jr., Secretary North Carolina. Department of Environment and Natural Resources Coleen H, Sullins, Director Division of Water {duality August 15, 2007 CFRTIFIFU MAIL 97006 2760 0001 8494 5946 RETURN RECEIPT RLQLESTED Mr. John Rosenblatt PO Box 240772 Charlotte, North Carolina 28224 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations ofN,C. General Statute 143-215.1(a)(6) and NPIES Permit No, NCO057401 The Hideaways W T Mecklenburg County Case No. LLV-2077-0346 Dear Mr. Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $881.50 ($800.00 civil penalty + $81.50 enforcement costs) against Coo Go Properties, LLC. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for February 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCO057401. The violations are summarized in Attachment A to this letter, Based upon the above <facts, I conclude as a matter of law that Coo Coo Properties, LLC violated the tenns, conditions, or requirements of NPDES Permit No. NCO057401 and Forth Carolina General Statute (G. .) 14-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty ay be assessed in accordance with the maximunis established. by G.S. 14- 215.A(a)(2), Based upon the above findings of fact and conclusions of lacy, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources d the Director of the Division of "Water Quality, Robert B, Krebs, Regional Supervisor Surface Water Protection for the Mooresville Region, hereby make the following civil penalty:; assessment against Go Go Properties, LLC; Now h{ ar°canna NCDENR MAal Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer'Service Internet,, r i_ r a wr,itcrtlli tiltt ,i r 610 East Center Ave, Su to 301 ooresville, NC 8115 lax 704 &3-fi0�lf? 1-8?7«fi23 674F1 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper 800.00 For 8 of the eight (8) violation(s) of G.S. 143- 215.1(a)(6) and NPDES Permit No NC0 57401, by discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. $ 80u.00 TOTAL CIVIL PENALTY 81.50 Enforcement costs. 881.50 TOTAL ATMOUNT DUE Pursuant to G.S. 14 - 15.6 (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. 143I3- 81(b), which are. (1) The degree and extent of harm to the natural resources of the State, to the Public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface eater quantity or duality or on air duality, (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally, (7) The prier 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 enforcementprocedures. Within thirty clays 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 d Natural Resources (do not include aivere orm), 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 tenter'' Raleigh, North Carolina 27699-1617 OR 2. Submit a written request ���inelud�ng a detailed justifkation for such request - Please be aware that a request for remission is limited to consideration of the five factors listed below as they: may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes Why you believe the civil penalty should be remitted, d submit it to the Division of Water (duality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (l) whether one or more of the civil penalty assessment factors in G.S. 1 g313- 22.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation, (3) whether the violation was inadvertent or a result of an accident, () whether the violator had been assessed civil penalties for any previous violations; or () whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please mote that all information presented in support of your request for remission must be submitted in writing. The Director of the Division ofWater Quality will review your evidence and inform you of his decision' in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil penalty Remissions (Committee). Please be advised that the iCommittee cannot`consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must; complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (0) 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: I 'IN Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 7699-11 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 moist 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 d one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be taxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5); business days following the taxed transmission, The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 7699-6714 Telephone. (19) 73-698 Facsimile: (1) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service tenter Raleigh, North Carolina 7699-1601 Please indicate the case number (s found on page one of this letter) on the petition:. Failure to exercise one of the options above within. thirty (3) 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 the violations are of a continuing nature not related to ATTACHMENT A CASE NO. LV-2007-0346 Outfall Parameter Reported Value Permit Limit 001 Total residual chlorine 1,570 �t/l* 28 µ /l Gaily maximum) 001 Total residual chlorine 1,390 /l 8 µg/1(Daily maximum) urn) 001 Total residual chlorine 530 µg/l 28 µg/l (Daily maximum) 001 Total residual chlorine > 2,200 /l* 28 µg/l (Daily maximum) 001 Total residual chlorine 310 µ/l* 28 µg/1(laly maximum) 001 Total residual chlorine 870 µ /l* 28 µg/l (Daily maximum) 001 Total residual chlorine 490 µ /l* 28 µg/l (Daily ly maximum) 001 Total residual chlorine 1,530 µ fill * 28 µg/l (Daily maximum) Denotes civil penalty assessment JUSTIFICATIONFOR REMISSION 12E U ST DWQ Case Number: LV-2007-0346 Assessed Party: Go Coo Properties, LLC_ County: Mecklenburg Permit Number: NCO057401 Amount Assessed: $881.50 Please use this farm when requesting remission of this civil penalty. You must also complete the `flee' aaest I car R missic n lea ver v r" ht rc� an d ninistrative Hearin arad h ti laticara ca 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 ofthe 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. .S. § 1 413-82.1(), 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 anal assessment factors in ll.C.t S. 1413-282. l b were o full a lied to the detriment of the vetitioner (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 foranymevious violations; (e) pAyment of the civil anal will revent n ment for the rernainin necesa remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance. EXPLANATION: (use additional pages as necessary) NORTH CAROLINA DIVISION OF WATER OU LIT Y Violator: Go Go Pro erties LLC Facility: The Hideaways W WTP County: Me klenb` Case Number: LV-2007-0346 Permit Number: NCO057401 ASSESSMENT FACTORS 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 total residual chlorine concentration in the effluent exceeded the pennit limit on eight monitoring occasions during the month of February 2007. This is the third month of the lowered permit limit for NCO 57401 as the permittee` was previously only required to monitor the total residual chlorine concentration.. 2) The duration and gravity of the violation; The permit limit was exceeded by 1,007 to 7,757 % on the monitored days during the month. Since dechlorination equipment had not been 'installed it is likely that the residual chlorine concentrations exceeded the permit limit on each day during the month. As of August 14, 2007, the Mooresville Regional Office has not received a copy of any Authorization to Construct for dechlorination facilities from the Construction, Grants, and Loans Unit. ) The effect on ,ground or surface water quantity or quality or one air quality, Residual chlorine reacts with organic matter in water `and creates disinfection by-products (trihalomethanes, haloacetic acids, etc.), which are toxic to both humans and aquatic organisms. 4) The cost of rectifying the damage; The cost is unknown ) The amount of money saved by noncompliance; Money saved is equivalent to the cast for the design, installation, certification, and operation of a dechlorination system. 6) Whether the violation was committed willfully or intentionally, The permittee was given 18 months from the time of the last permit renewal (June 8, 2005) to the time the lower chlorine limit went into effect (December 1, 2006) to have the necessary equipment designed, purchased, and installed. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority, and There have been five tither CPAs against Go Go Properties, LLC and the previous owner (s) at The Hideaways WWTP since 1988 with two CPAs having been issued in the past twelve months as detailed below. Case Number Description LV-2007-0216 $1,061.50 for LV for total residual chlorine in 1-07. Penalty is outstanding - remission not requested LV-2007-192 31.50 for LV for total residual chlorine in 12-06. Penalty is outstanding -' remission not re nested. 8)The cost to the State of the enforcement procedures. Cost to the Regional Office is $81.50 d, Date RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Report',Date: OW25107 Page: a cat Permit: 9 MRs Betwreen: 2.20 7 and 2 0D7 Region: Mooresville Violation Category: Lan"Lanti Violation Program Category: NPCES WW Facility Name: Param Name: % County: Subbasin: % Violation Action: Flo Major Minor, PERMIT: NCO028711 FACILITY: Mecklenburg County Schools - Re hill Elementary COUNTY: Mecklenburg REGION: Mooresville School WWTP Limit Violation MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 0 -2007 001 Effluent Solids, Total Suspended 02/22/07 Weekly mg/l 45 1,217 , Daily Maximum Exceeded None s 02 - 007 001 Effluent Solids, Total Suspended 02/28/07 Weekly mg/I 30 311,5 , � � Monthly Average Exceeded None - � + md. COUNTY: Mecklenburg REGION: Limit Violation MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED REPORT. PI'I LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION 02 -2007 001 Effluent Chlorine, Total Residual 02104/07 2 X week ug/I 28 1,570 daily Maximum Exceeded None 02 -2007 001 Effluent Chlorine, Total Residual 02/06/07 2 X week ' ug/l 28 1,390 gaily Maximum Exceeded None 02 -2007 001 Effluent Chlorine, Total Residual 02112/07 2 X week ug/1 28 530 gaily Maximum Exceeded None 02 -2007 001 Effluent Chlorine, Total Residual 02/13/07 2 X week ug/l 28 2,200" Daily Maximum Exceeded None 02.2007 001 Effluent Chlorine, Total Residual 02/21/07 2 X week ugA 28 310 Daily Maximum Exceeded None l , ,' y` 0 -2007 001 Effluent Chlorine, Total Residual 02/22/07 2 X week ug/l 28 870 Gaily Maximum Exceeded None > 02-2007 001 Effluent Chlorine, Total Residual 02/26/07 2 X week ug/l 28 490 Daily Maximum Exceeded w.. None r� 02 -2007 001 Effluent Chlorine, Total Residual 02127/07 2 X week ug/I 28 1,530 Daily Maximum Exceeded None tC—V' Isk c G:�k C-w j VV fl I Michael F. Easley, Governor ("I'L. William G. Ross Jr,, Stcrctaq� North Carolina Department of Environment and Natural Resources 60 Coleen H. Sullins, Director Division of Water Quality pro June 11, 2007 CERTIFIED, MAIL #7006 2760 0001 8494 2808 RETURN RECEIPT REQUESTED Mr. John Rosenblatt PO Box 240772 Charlotte, North Carolina 28224 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 143-215. 1 (a)(6) and NPDES Permit No. NCO057401 The Hideaways WWTP Mecklenburg County Case No. LV-2007-0216 D= Mr, Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,081.50 ($1,000.00 civil penalty + $81.50 enforcement costs) against Go Go Properties, LLC. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for January 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Pen -nit No. NCO057401. The violations are summarized in Attachment A to this letter. A. A civil penalty maybe assessed in accordance with the maximums established by G.S. 143- 215.6A(a)(2). Based upon the above findings of fact and conclusions of la,,.v, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Robert B. Krebs, Regional Supervisor Surface Water Protection for the Mooresville Region, hereby make the following civil penalty assessment against Go Go Properties, LLC: One r-garolina 4('r & *,AIV i a$ NCDENR Mooresville Re�gional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper 1,000.00 For 10 of the ten 143 -215. 1 (a)(6) and NI NCO057401, by dischaj the State in violation of effluent limit for total r $ 1 �000.00 TOTAL CIVIL PENA $ 8L50 Enforcement costs. $--J-081.50- TOTAL AMOUNT D D---+ +- 1'�- Q I Al 11 4 K A t-� :- A-+-:-- 4,1.- -- --� - 282. 1 (b), which are: ti� TIA� k-'f � I - - (7) The priot over whii and (8) The cost chlorine. enalty I have taken A forth at GS. 14313- o,u money savea oy noncompuance; violations were committed willfully or intentionally; ,ord of the violator in complying or failing to comply with programs he Environmental Management Commission has regulatory authority; he 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 waiverform). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of., Point Source Compliance/Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the aniount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statenients 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 bearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 14313- 2 82. 1 (b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of ail accident.; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your A information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Source Compliance/Enforcement Unit 71 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 am. 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 taxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the taxed 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 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, 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 the violations are of a continuing nature, not related to peration and/or mai YVU 111tay vviz�,u Lv aul2iXtag im a ot3--l-jal "jut;j VV x_VIIWIIL. I mu nave about this civil venaltv assessment or a Snecial Qi�d�erb � C�,onsent. please contact the Water Oualitv Section staff of the Mooresville Regional Office at (294lk63-1699. Robert B. Krebs (D Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments Compliance/Enforcement File w/ attachments Central Files w/ attachments Rb/ma Denotes civil penalty assessment FPF7 STATE OF NORTH CAROLINA COUNTY OF MEC KLENBURG IN THE MATTER OF ASSESSMENT DEF } WAIVER C)F RIGHT 'M AN OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AN GO GO PROPERTIES, LLC STIPULATION OF FACTS PERMIT NO. NCO07401 FILE NO. LV-2007-0216 Having; been assessed civil penalties totaling $1 081.50 for violation(s) as set forth in the assessment document of the Division of Water (duality slated June 11 200 7 the undersigned, desiring to seed 'remission of the civil penalties, does herebywaive' the right to an administrative hearing; in the above -stated natter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 clays from the receipt of the notice of assessment. This the day of .2007 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION RE )07-02 t 6 rties, LLC I pages as needed). 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 fior); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will Drevent Dayment for the remaining necessm remedial actions (i.e., explain howpaymentofthe civilpenalty willprevent youftom performing the activities necessary to achieve compliance). EXPLANATION: (use additionalpages as necessary) Go Go Properties, i., U" Issued September 6, 2007 Engineer's Certification 1, as a duly registered Professional Engineer` in the State of North Carolina, having been authorized to observe (periodical ly/eekly/Full tine)' the construction of the modifications and improvements to The Hideways WWTi , located on York. Road in Mecklenburg County ty for Goy Go Properties, LLC, hereby state that, to the best of nay abilities, due care and diligence was used in the observation of the following construction. Installation of a dechlorination system utilising sodium sulfite pursuant to the fast track application received on August 30, 2007, quad in conformity with the Minimum Design Criteria for Dechlorination Facilities. I certify that the construction of the alcove. referenced project was observed to be built within substantial mpliance and.intent of the approved plans and specifications.. Signat Registration No. 16 54.361 Date Send to: Construction Grants &. Loins dot. DENIM/DW( VL#aL 1633 Mail Service Center ,# Raleigh, NC 27699- I Ca33 501 RECEIVED AEcve ; MM-Surfoce Water Protection Michael F. Fasley, Governor William G. Ross Jr., S caaY ( North Carolina Department of Environment and Natural ltesourc� f? Coleen Sullins. Director Division of Water (duality Febnlary 13, 2008 CERTIFIED IL 7007 1490 0004 4505 6257 RETURNCEIPT REQUESTED Jahn:. Rosenblatt, Jr. Go Go Properties, LLC Post Office Boy 240772 Charlotte, North Carolina 28224 Subject: Notice of Violation - Effluent Limitations Tracking : NOV-2008-LV-0087 The hideaways WWTP Dl S Permit No. NC 05'7401 Mecklenburg County Dear Mr. Rosenblatt: A review of the October 2007 self -monitoring reportself-monitor` for the subject facility revealed violations of the effluent daily maximum limn for total residual chlorine listed in Attachment Aa of this Notice. Remedial actions, if not already implemented should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. If the violations are of a continuing nature, not related to operationand/or maintenance problems, and'you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. You may contact Mr. John ;Lesley of this Office for additional information. If you have questions concerning this matter, please do not hesitate to contact Mr. Lesley or me at 704/ 63-1699. Sincerely, e/- . Robert B. Krebs Surface Water Protection Regional Supervisor Attachment cc: Point Source Branch Mecklenburg County Water Quality Protection JL Ow Cawfin a N. C. Division of Water Quality, Mooresville lte ' nal Oflice, 610 E. Center Ave. Suite 301, Momemille NC 28115 (704) 66 -16" CustomerService 1- 77-623- 745 Attachment NOV- 00-LV-008'7 ©utfall Date Parameter Re orted "Value Permit Limit 001 10/l/07 TRC 270 28 ug/I (daily maximum) 001 10/2/07 TRC 410 ug/l 28 (daily maximum) 001 10/8/07 TRC 440 ug/1 28 ug/l (daily maximum) 001 10/9/07 TRC 390 ug/l 28 ug/1(daily maxim 001 10/14/07 TRC 190 ug/i 28 ug/l (daily maximum) 001 10/18/07 TRC 630 ug/l 28 ug/l (daily maximum) 001 10/21/07 TRC 270 ug/l 28 (daily max` 001 10/22/07 TRC 50 u /I 28 ugll (daily maximum) 001 10/ 7/07 TRC 170 ug/l 28 ug/l (daily maximum) 3 r blichael Fw ley, Governor William G. Ross Jr., Secretary North tJroiarte Department of ErWironment and Natural Resources Goleen H. Suffins, Director Division of Water Quality January 8, 2008 JOHN E ROSENBLATT W GO PROPERTIES LLC RECEIV- PO BOX 240772 CHARLOTTE NC 28224 JAN SUBJECT: Payment Acknowledgment Civil Penalty Assessment fhe Hideaways Permit Number: NCO0 740 Case Number: '- 007- }503 Mecklenburg County Dear . Rosenblatt: This letter is to acknowledge receipt of check number 1239 in the amount of $983.89 received from you cued. December 31, 2007. This payment satisfies in fall the above civil assessment levied against the subject facility, and this ease has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, l Robert L. Sledge at 919-733-5083 Ext. 547. Sincerely, Dina Sprinkle Enforcement bile #: LV- 007- 1 iy,WQ",M6ore,s,vill�RegionaI Office Supervisor Central Files 1617 Me# Servicti Center Raleigh, NC 276 617 (919) 733-7015 customer service Mkhael F. Fakley, rnor 'P� North Carolinant of Enviroment and Natund s Coleen Sullins. Diox4or Division of Wa ity ce ber 0, 2007 CERTIFIED MAIL 7006 2760 00018497 4991 RETURN RECEIPT , Q! STUD John Rosenblatt, Jr. Go Go Properties, LLC Post Office Boas 240772 Charlotte, North Carolina 28224 SUBJECT: Notice,of Violation and Assessment of Civil Penalty for Violations ofN.C. general Statute The Hideaways WWTP Mecklenburg County Case No. LV-2007-0 Dear Mr.Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $983.89 (900.00 civil penalty + $83.89 enforcement costs) against Go Go Properties, LLC. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data: reported for April 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCO05' 401. The violations are summarized in Attachment A to this letter. t LLC: uality, 1, Robert B. Krebs, Surface 'water Protection Region n, hereby make the following civil penalty assessment 900.00 For 9 of the nine (9)v 1 .1(a)() and NPDES Permit No; N tld5 4Q 1, by discharging waste into the warm of the State in violation of the permit daily maximmaximwn effluent limit for total residual chlorine. $ 900.00 TOTAL CIVIL PENALTY 83.89 Enforcement costs. $ 98.89 TOTAL AMOUNT DUE Pursuant to G.S. 143- 15a6A(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. 14 3- 8:2.1(b), which are: (1) 7 e degree extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; ( The duration and gravity of the violations; () The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the , (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally, (7) The prier record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; d (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 Enviromnent d Natural Resources(do not include waiver, orm).; Payment of the penalty will not foreclose further enforcement action for any continuing or new violation( ). Please submit payment to the attention of: Point Source Compliance/Enforcement Unit Division of Water Quality 161714 ail Service Center Raleigh, North Carolina 27699-1617 OR ■ n including a detailed justification for WtWIM"lu I Nil Remission R*est. ibftw ,hould be submitted to the following address: C Paint Source Compliance Enforcement Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3. Fide a petition for an administrative hearing with the Office of Administrative Hearings: notice. A petition is considered bled when it is receivect in me Umce of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours o :00 am. and :00 p.m., except for official state holidays. The original d one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original d 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 cifAdministrative Hearings is: Office of Ative Hearings 6714 Nail Service Center' Raleigh, North Carolina 27699-6714 "Telephone: (1) 73-68 Facsimile: (91 9) 733-478 A copy of the petition must also be served on DENR as follows. ]s. Mary Penny Thompson, 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 n 's Office for collection ofthe 'penalty through a civil action. 131�nnca U+ Avt;o�A +teat .arlrl ti nai no- tilfloc rnaxraeepcV,,-A f°rar ari latarrnc that ru+rrar 5*A^r r overationand/or maintenance pmblems,, and you antigipate remedial construction activities. then you mgy wish ta consider aDnIving for a S ' ial Order by Consent. If you. have any quAqj:qns about this civil venaItv assessment or a Snecial Order b" Consent. en l e contact the Water Ouality Section staff of the Mooresville Reizional Office at 70 / 63 -1 . —tl Z/ (Date) Robert B. Krebs Regional Supervisor SurfaceWater Protection Mooresville Regional Office Division of Water Quality ATTACEMENTS cc. Water Quality Regional Supervisor / attachments Compliance/Enforcement File w/ attachments Central Files / attachments Jl Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST )ADMINISTRATIVE HEARING GO GO PROPERTIES LL ' STIPULATION OF FACTS } PERMIT NO. NCO057401 FILE NO. LV-2007-0503 Having been assessed civil penalties totaling $ 983.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 20, 2007, the undersigned, desiring to seek remission of the civil penalties, d hereby waive the right to an administrative hearing " the above -stated matter ,and does stipulate that the facts are as alleged in the assessment document. The undersigned ftirther understands that all evidence presented in sunnort of remission of this civil nenaltv must be submitted to the Director of the Division of This the day of 0( BY ADD S 'ELEPHONE DQ Cast 1 -050 Properties ILL " aburg 7401 rare+ty w. axr yre r:�.^'ti.at ta:+c< QA EF4ENT.. by� NPDES PERMIT NO. NIC 00 5 7 9 911DISCHARGE Nth. flO - MONTH- f, L Y FACILITY N ✓� A CLASS E , COU t CCJZL CERTIFIED LABORATORY "1) hl CERTIFICATION NO. c (list additional laboratories on the backside/page 2 of this form) OPERATOR IN RESPONSIBLE CHARGE (ORC) A f + _GRADE i V CERTIFICATION NO. C I q 6 # PERSON(S) COLLECTING S LESS P-s ILP 1 6 �4 ORC P IONE ` 2±5 � CHECK BOX IF ORC HAS CHANGED NO FLOW t DIS HARD FROM SITS: Mail ORIGINAL and ONE COPY to; ATT".N: CEN7R.AL FILES 4ACCAND c �A DINISION OF "'ATER QUALITY OF OPERATOR IN SPONSIBLE CHARGE) DATE 1617 MAIL SERVICE CENTER TURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 27699-1617 COMPLETE TO THE BEST OF MY XNQWLEDGE: 54U50 lti Sbt}60 (MiItt Ib U{i53(#: 3I616 IlQ 4ti6(1{} '04665 1� FLOW iY d zc , ENTER PARAMETER CODE ABON1 P ' r EFFaI! _ I NAME AND UNITS BELOW � c n INF Q a g "t < C t u " e M. H Vie ESQ r-. p`' G uv C e p w c S HRS Y MGD C UNITS' lL' NIGrL MG/L MG1L k/I0QNI MG, MG/1. MG/1. 111Wai Gyp faµ.° 7 r tr*6 1 i . 6 13 f':T�d77 k d , 0614E 18 + evo 2i7 21? 22 : G? 2d tS7777 w j 25 27« o j 28 rL'i l 24 TO P'Gv 33 «g Z MIND" a t " r to 5 P= F C*mp.(OlGrsb(G) is 1 z V-7_C' f'a Stattas: C cherkc, eOfthe fb sag} A data jn �c%xI , if le} A llrn lrdON0T rn eetpe�� The pe�,m tee _jk�ttpo_ttt,, dl lz- or r or the ` PL4ate F zl0 any nonC l Ent:. A rry :a rnPem at�n � p ' ear of P �o w. awaxe of dze a-llmtssmbe pmvjded If the fa is none= plian t,P in a. ali�afcorr an e is to be m ad e as by Pazt 1T of theN Pb S p s � � and i �- of , drat xc w a;s f �ncnt alia "itsw p ad und . R on;my ' of rnnelPxoc radar e, for or swhc rn do ad:i n dae jnt= aC.iotl or OM . I an t "-'to thebastOfm y knOw Idge and b t fear Its VT=rn Ent trknow iV v Ala ' -tiiu;sexm zn at bn, ilV the po of Peru" (P pz for ) i s t S of Pei ** c L ate q o,7 72 ItA V- W,T t 'ime n PhmeNvnber a i G7 )o Fern ktz�>,p3 C zz V ate ADD-= DNAL CERTIFIED LABORATpRtIES Cc ' L Ly {2 }j i ix LabolatDry (3 ),eftTXadcnN o. C Labozabxy (4 )C t hn N o. C Mt5ed L satz) y (5) C No. erdfxatbn N o. PARAM ETER CODES, C ern ay ob d Pt� S byN PDE UnItat C919} 733-5083 orgy viai, sw at h2o state s'rlorna' tJ ofm n N Pi? S st forlqXltiv data. frarali csf an i}M R frardie nO data tD be m *« oRC On Ste?. oRC rn *** ofP t @i1t's' .. ." o t foe'NCAC :oa. w l-cA NCAC 0506 {b at :n ofthe ' zy Page 2 James D..Allison 704-562-7687 I2 /2007 Facility non -compliant for total chlorine residual due to dechlorination unit has iot been installed. Please call me you have any quetons. "Thank your James D, Allison ORC; NORTH _CAROLIN ao lor: Go gq ProRgrties,U, Facility.* The Hid s Coo—Meckleahm 1'"VISI A►T� .�LI Permit Number: 1C 00 7401 ASSESSMENT FACTORS 1 The degree and extent of harm to the natural our € f the State, to the public health, car to private ultin ` from the violation; Total residual chlorine in excess of permit Habits would be likely to have toxic impacts on the receiving strearn. 2 The duration and gravity of the violation'; Ile violations are continuousm December 2006 through a 2007.. 3 e effect can ground or surface water quantity or quality or on air quality; o effect is expected on ground water or air quality. e discharge is likely to have caused toxic impacts on aquatic life in the receiving ma ) The costof . . todamage-, The cog is unknown. e amount of money saved by noncompliance; Money was saved by not purchasing, installing, and operating dechlorination equipment. Prices found at www.Nor%veco.com/-store : a tablet dispenser sufficient to treat up to .001 lV GD costs 172. 0 and 154 sodium bisulfate tablets for dechlorination 1 2.50. 6 Whether the violation was committedor intentionally,; e violation does not appear tobe willful not intentional: in complying or failing to comply with programs over r� cn Incu n I lid cut Cote i ion h prat and Case Numr Doser .on LV 7 96 3r2007 $883.89 TR rt V 2007 0346 M007 LV 2007 019 12J2 1. TR The cost to the State of the enforcement procedures. ne cost to the Mooresville Regional Office was $9 .8 . Date RO Supervisor Division of Water Quality MONITORING REPORT(MR) VIOLATIONS for: Permit: Facility Name'. Major minor: MRs Be en: 4- 007 and 007 Region. Moores Paramt �Na : sli County: , Report Date: 12r10107 Pale: 9 of Ii Violation Category Limit Vlolation Program Categ y : NP fE �. Sub#aasin: , Violation Action: PERMIT: NCO0 49466 FACILITY: Charlotte Mecklenburg Utility Department - Irwin Creek >J WTP COUNTY: Mecklenburg REGION: Mooresville Limit Violation _Z, °fi P7 MONITORING OUTFALL / REPORT PPI LOCATION 04 -2007 001 Effluent PARAMETER Coliform„ Fecal MF, M-FC Broth,44.5C VIOLATION DATE UNIT OF FREQUENCY MEASURE 04/05/07 5 X week *100ml CALCULATED LIMIT VALUE VIOLATION TYPE 1,000 3,000 Daily Maximum Exceeded VIOLATION ACTION None PERMIT: NCO0 7401 FACILITY: Go Go Properties L.L.0 - The Hideaways WWTP COUNTY: Mecklenburg REGION. Mooresville Limit Violation MONITORING 7UTFALLl REPORT PPI LOCATION 04 -2007 001 Effluent 04 -2007 001 Effluent PARAMETER Chlorine, Total Residual Chlorine, Total Residual VIOLATION UNIT OF [LATE FREQUENCY MEASURE 04/01/07 2 X week ug/I 04/02/07 2 X week ug/I CALCULATED LIMIT VALUE VIOLATION TYPE { ci 2$ 190 Daily Maximum Exceeded i t 2$ 1,$40 Daily Maximum Exceeded VIOLATION ACTION Norte C t1 None 04 _2007 001 Effluent 04.2007 001 Effluent 04 -2007 001 Effluent 04 -2007 001 Effluent Chlorine, Total Residual Chlorine„ Total Residual Chlorine, Total Residual Chlorine, Total Residual 04/06/07 2 X week ug/f 04/09/07 2 X week ug1l 04/10/07 2 X week ug/I 04116107 2 X week ug/I a/ Z i 2$ 370 Daily Maximum Exceeded 1IJh $ 350 as Daily Maximum Exceeded 5 7` 2$ 1,030 " Daily Maximum Exceeded 2$ 220 m kr t> Daily Maximum Exceeded None None None None 04 -2007 001 Effluent 04 -2007 001 Effluent 04 -2007 001 Effluent Chlorine, Total Residual Chlorine, Total Residual Chlorine, Total Residual 04/17/07 2 X week ug/l 04/23/07 2 X week ug/I 04/24/07 2 X week ugh 2$ 1,460 2t4 P Daily Maximum Exceeded a 2$ 380 1 1 71' Daily Maximum Exceeded 2$ 1,170 ON— Daily Maximum Exceeded None Pot, None "Al'/�'7 Norte r Wetael F. Easley, Governor r sWilliam G. Ross Jr:, Secretary North Carolina Department of Environment and Natural Resources Coleen N. Sutkm Director Division of Water Quality January 8 2008 p ROSENBLATT RECEIVL.-.1.1.11.1 0 GO PROPERTIES LLC 0 BOX 240772 `AT�Lt N 22 � , ; SUBJECT: Payment Acknowledgment Civil Hideaways t u On Permit Number: NCO' 401 Case Number.LV-2007-0495 Mecklenburg County War . Rosenblatt: `his letter is to acknowledge receipt of check number 1240 in the amount of $883.89 received rom you dated December 31, 2007. This payment satisfies in the above civil assessment w "ed against the subject facility, and this case has been closed. Payment of this penalty in no way recludes future action by this Division for additional violations of the applicable Statutes, legulations, or Permits. fyou have any questions, please Robert L Sledge at 919-733-5083 F t.54'7, Sincerely, Dina Sprinkle c. Enforcement bile #: LV-2007-0495 l l',Q Moo Regional ff Supervisor Central Files i4oAh er Raleigh, NC 276W1617 (p) 733-7015 Custornerservice 1 t Michael V Easley, orWilliam Gm Ross 3f., North Carolina Department of Enviromnent and Natural It n ColColeen Sullins. Director ;> 1 Division of Water Quality December 20, 2007 CERTIFIED MAIL 7006 2760 00018497 5004 RETURNC I STET) John Rosenblatt, Jr: Go Go Properties, LLC. Post Office Box 240772 Charlotte, North Carolina 28224 SUBJECT: Notice of Violation and Assessment of Civil Penalty for "Violations of N.C. General Statute 143- 15.1(a)(6) and NPDES Pe it No. NC O057 01 The Hideaways WWTP Mecklenburg County Case No. LV-200 7-049 Dear Mr. Rosenblatt: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $883.89 ($840.00 civil penalty + $83.89 enforcement costs) against Go Go Properties, LLC. This assessment is based upon the following facts: A review has n conducted of the -self-monitoringdata reported for March 2007. This review has shown the subject facility to be in violation of the discharge limitations found NPDES Permit No. NCC1057401. The violations are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Go Go Properties; LLCM. violated the terms, conditions, or requirements of NPDES Permit No. NCO057401 and North Carolina General Statute (G.S.)143-215.1()() in the manner and extent shown in Attachment A. A civil penalty may be assessed in accordance with the maximums established by G.S. 14- 215.A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of P n ` o e t and Natural Resources and the Director of the Division of Water Quality, 1, Robert B.Krebs, Surface Water Protection Regional Supervisor for the Mooresville .Region, hereby make the following civil penalty assessment against Go Go Properties, LLC{ F. N.C. Division of Water Quality, Mooresville Regional Office, 610 E. Center Ave. Sprite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-77-623-674 800.00 For 8 of the eight (8)violations of G.S. 1 - 21 .1(a)(6) and'NPDES Permit No. NCUa 7401,' discharging waste into the waters of the State in violation of the permit daily maximum effluent limit for total residual chlorine. 800.04 TOTAL CIVIL PENALTY 83.89 Enforcement costs. 883.89 TOTAL AMOUNT DUE t to G.S. 14- 1 .6A(c, in determining the amount of the penalty I have taken Findings of Fact and Conclusions of Law the factors set forth at G.S. 1431 d (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 payent of the penalty;' Payment should be made directly to the order of the Department of Envirorunent d Natural Resources (rya not include wal r foam). 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 7699-1617 O violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all information presented in support of your request for re utubt m sum coca Hi wnting. i ne virecior or me vivision oi water yuauty i review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for ftnther appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consi4 information that was not part of the original remission request considered by t Director. Ilierefore, it is very important that you prepare a complete and thon statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "'Waiver of Right to an Administrative Hearing and Stipulation of Facts"' form within thirty (30) days of receipt of this notice. The Division off ter Qualit also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following addres Pnint nnrt-p (` "I;niv-o/Pinfnr.-Amm of T int Office it 6714 M Raleigh elep A copy of the Ms. M Departr 1601 Raleigb Please indicate petition. Failure to exercise one as evidenced by an internald being referred to the Attorney action. Pater Quality Service Center OR . a u.. xaaeu vs..r mvua..A.c..u.sen..v .a.xv.s...s+G.,�js r�aia n..s.s .cry 4.✓�'. ing the faxed transmission. The mailing address for the five Hearings is: ninistrative Hearings rvice, Center h Carolina 27699-6714 19) 7 3- 698 Facsimile: (919) 733-3478 a must also be served can DENR as follows: any Thompson, General Counsel &Environment and Natural Resources rvice Center' h Carolina 27699-1601 Please be advised that additional penalties may be assessed for violations that occur er the review period of this assessment. if the violations are of a continuing a not related to about this civil pgnaltassessment car a ial Order b' Con en e contact the Water Oualitv Section staff of the Mooresville Rep-ional Office at 04/6 3-1699.. 17, J;L v It I Z, 11 1 (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc. Water Quality Regional Supervisor wl attachments Compliance/Enforcement File wl attachments l ATTAVHMF.NT A 61!dii4 A:R L4r A A lAA4ALi:' :.: AI.L 4AA wt& T: dwasav A %"a AX"w AJAA"Ai 001 314/07 *IRC 270 ug/l 28 (daily maximum) 001 3/10/07 *TRC 464 ug/l 28 ug/i (daily € 01 3/13/07 *TRC 930 28 (dailymaximum) 001 /1 /07 *TRC 840 ug/l 28 11(daily 001 3/19/07 *TRC 250 ug/i 28 ug/l (daily maximum) 001 3/20/07 * 10/30 ug/l 28 ug/l(daily 001 3/26/07 *TRC 420 28 ug/l (daily ) 001 3/27/07 * 1510 ug/l 28 ug/l(daily * Denotes civil penalty assessment r- STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTY AGAINST ADMINISTRATIVE, HEARING AND GO GO PROPERTIES LLC STIPULATION OF FACTS PERMIT NO. NCO057401 FILE NO. LV-2007-0495 Having been assessed civil penalties totaling $ 883.89 for violation(s) as set forth in the assessment document of the Division of Water Quality dated December 20,,2007, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of .2007 BY ADDRESS - ------ - ------ TELEPHONE DWQ Case Number: LV-2007-0495 Assessed Party: Go Go Properties LLC County: Mecklenburg Permit Number: NCO057401' Amount Assessed: $883.89 I" U""t'�" 2007 jy°yy' NPDES F'ERIwfIT NCIn,N J { i DISCHARGE N LO MONTH-& — YEAR-2,221 ....�...._ FACILITY N. - ja CLASS E COU 1 d��. CERTIFIER LABORATORY CERTIFICATION NO. (list additional laboratories can the backside/page 2 of this form) OPERATOR 1N RESPONSIBLE CHARGE {C}RC)C % i7t 1 i 5GRADE i V CERTMCATION NO, �* l PERSON(S) COLLECTM ORC P? E °"22±.. 7 CHECK BOX IF ORG HAS CHANGED NO FLOW / DISCRARGE FROM SITE Mai] ORIGINAL and ONE COPY to:4ww ATTNt CENTRAL FILES x DWLSICIN OF WATER QUALITY, (St �A U QF OPERATOR IN RES NSISLi CHARGE) DATE 1617 MAIL SERVICE CENTER BY IGNATURE, I CERTIFY THAT THIS REPORT IS RALEIGH, NC 276"-1617 ACCLR.ATE AND COM TO THE BEST OF MY KNOWLEDGE- (ut Ytv3 ri1: [LIhETS FinlS 50050 00010 00400 $0060 00310 WIO 00530 3161600300 OMN 00665 ** FLOW <z E W ENTER PARAMETER CODE ABOVE NAME r" - ._vGt-� EFF i9 INF` is � ®_» avJ �, is . > � � C t AND UNITS BEL0W I p C2. Lc ce z 0 C � � E 1IRS 1#RS 1' MGD C LhIrr5 UGtL MG1L MG/L 1 MG/L - 0/100ML MG/L " MG/L MG/L I 2? (# 3 tri LL 4G a 000qt A 9 } S Get' 16 Q G' }I7p I9 woe ' 7 20 10 iov 21 0 22 �"y'0 27 29 30 ale 3I : !" 111�ywy :: !"�yj g AVEPA D W 0 Fc= M R -1 (11,04) Facility Status: G check one of the fc A nm M=ziV data pl7eetpe d x w des; if A 31 data P2rQ do N 0 T m e The ttt D turtle =-: teRej�o ate } eali 7 nr*i ;rmTin-w" cent- 'A ,- . ..,r...... _ _ ,,, Sg ta}c an" in provern t to be ad by Part:11z , ofthe N PD p it " of d-`atdisdOcLn entandanamxinentswenePnpand and en w a ci ua " ' T Help the ct alhn a . B ased onmyix'iYofthe Pennn or .. sw ho rn m1agedthe =y W ,o r d-Ose %r the iffo= a ` = a ' ' is, to the beEtofm y)alow ledge czxn Pam. Ian awate tett')EMt a fray Im atz n, ]rat fn nP ` for v-aa P ' (F prltort S' ofP * Date = ) '7 Pe= ine Addx Pam„ ' t D ate AI�D�['�}AL ERTZIED i,ABC?RATC3R� C` L dbo tory 0?) Sii t T x �` n �' C erdfrad= N o. t7 2 C r-abontory c3) C ecdfcatknN . CeLLaboiabry (4) C eXdfCatbnNo C erd8ed Labosatozy () C erdEmtbn N o. PARAM ETER CODES P C m ybeob bYMMV # NPDESUr&at(919)733-5083orbyv` ' S s w eb a oar cis t€.� dj-- mes " xm a ' . tx ofm t xi the ' srt Pil ES 3tfrr NaFbw ix eFmn sim. Check eatvd fbra11ofdie cxitdteDMRfartheetam *• 0RC0nsjm?-OpCmustvistt offacstYaslSA NCAC 80 0204. . �. s ` tore of P S4• by d ' . ' of fDe w Z A NCAC 2.E D506b)C)t)), tz�zy Page 2 James D. Allison 704-562.7687 t2412007 Facility non -compliant for total chlorine residual due to dechlorination unit has not been installed. Please call me you have any questons, Th you, ,lames D, Allison R NORTH A DIVISION OF WATER ' �i iolator. Coo rties LLB Facility: e ideawwa coup Cole Number LV-2007-0495 Permit Number: NCO057401 ASSESSMENT FACTORS 1) The degree d extent of harm to the natural resourcesof the State, to the public health, or to private property resulting from the violation; Total residual chlorine in excess of permit limits would be likely to have toxic impacts on the receiving 2 duration "and gravityof the violation; The violations are continuous fiont December 2006 throughMarch 7. 3 The effect on ground or surface water quantity or quality or on air quality, o effect is expected on ground water or air quality.The discharge is likely to have caused tonic impacts on aquatic life in the receiving stream. 4) The cost of rectifying the e, The cost is unknown. The amount of money savedy noncompliance; Money was ved by not purchasing, installing, and operating dechlorination equipment. Prices found at.wwwNorweco,com/store: a tablet dispenser sufficient to treat up to . 01 M D casts $172.00 and 154 sodium bisulf iite tablets for dechlorination costs $152.50. Whether the violation was committedwillfully or intentionally; The violation does not appear to be willful nor intentional* 7) The prior record over which the E and A the violator . complying' or failing to comply with programs yironmental, Management Commission has regulatoryauthority*, t;aae riumper Lmscr LV 2007 0346 20007 $881.50 TRC case r Lei` 2007 0216 U2007 $1081.50 TRC LV 2007 0192 1212006 8 The cost to the State of the enforcement procedures. The cost to the Mooresville Regional .$ . r ,6 " ez 13 kL,- D to RO Supervisor MONITORING REPORT(MR) VIOLATIONS for: Permit:° Facility Name: 9 Major Minor. ° MRs Re n; 3-t;07 and , 007' Region: Mooresvlile ' Param Na County; Report t3ale: 'I z1c1��€17 Page: a �f � � iolat%n Cat :Limit Violationprogram Cteg : NPDESWW ubbain: Violation Action: !, PERMIT: NCO057401 FACILITY: Go Go Properties LLC - The Hideaways WWrP COUNTY: Mecklenburg REGION: Mooresville Limit Violation MONITORING OUTFALL 1 REPORT PPI 03 -2007 001 03 -2007 001 03 -2007 001 03 2007 001 0 -2007 001 03 _ 2007 001 03 _2007 001 03 -2007 001 LOCATION Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent PARAMETER Chlorine, Total Residual Chlorine, Tina# Residua# Chlorine, Total Residual Cn#orine, Total Residual Chlorine, Total Residual Chlorine, Total Residual Chlorine, Total Residual Chlorine, Total Residual VIOLATION DATEUNIT OF FREQUENCY MEASURE 03/64107 2 X week u11 03/10/07 2 X week uc311 01110 2 X Week u�1I 0 f14107 2 X k uJ# 03/19/07 2 X week ugtl 03/20107 2 X week atll 0312fi107 2 X wreak a 1I 9 03/27/07 2 X Week u 1l 9 CALCULATED LIMIT VALUE ( VIOLATION TYPE C ✓ 28 270 Daily Maximum Exceeded i�`� %p 2$ 460 Daily Maximum Exceeded- j � I � 2 930 Daily Maximum Exceeded el el bC` 2 840 Daily Maximum Exceeded s 2e 250 T 1 '�t'' Daily Maximum Exceeded 28 1,030 Daily Maximum Exceeded 2g; t`17 01 420 ' Daily Maximum Exceeded 28: l 1„510 Daily Maximum Exceeded VIOLATION ACTION None !,* None None r a. None r 10 None �' None X .Name None L_ V 1 ( % C i^ 1 „ w.e �.S a, a; e..µ N a PERFORMANCE ANNUAL REPORT Fiscal Y air July 1, 2006- June 30, 2007 The IlideawaysAWN10ft This report generated ated in compliance with NCDENR requirements. 02 Moss Creek Dr Cayce, South Carolina 29033 803-325-5066 1 . General Information Facility System Name: The Hideaways Responsible le Entity. Go -Go Properties .LLC Person in ChargelContact. John Rosenblatt Applicable Per mt(s) C 0057401 Description of Collection system or Treatment .Process: 2000 gallon per day rotational biological contactor consisting o (l) Rotational biological contactor (2) Chlorination (3) Sand filtration (4)De-chlorination 2. Performance ance erall per, orman e: The ac lity has met its NPDESpermitted water quality parameters of BOD(5); pH; fecal c l orm flow, Natal suspendedsolids; chlorine,' total residual, ammonia, total nitrogen, dissolved oxygen; and temperature cept, 'car thefollowing .Notice of iViola i an(s) '"(). Exceedingpermit limitation for the following pararmeters: Chlorine residual of28 microgramsofDecember cember 2006 through ugh .Tune 2007; BOO monthly? average of 30-45 mg11 ofDecember ecember 2006; and Total suspended solids monthly average of 30-45 mg17 ofJune 2007. 3. Notification This document is availablefor the review by contacting Go -Go Properties LC. A public nocationform declaring where the report is available and who to contact has been issued to all affected residents. 4 Certification as the responsible entity, do a cer n to the best of any ow edge that this report is accurate and co plate in compliance with NCDENR regulations. For complete details concerning the compilation of data and information contained in the report, contact the consultant, David B. Pittman, CHAIM The information provided in this report is based upon a thorough review of the ORC(Operator Responsible in Charge) logbook of the facility, NCDENR and EPA documents and databases pertaining to the facility and orlpermit violations. « \ // \�, / � m¥/Allison` .ORC PERFORMANCE ANNUAL PEA T Fiscal Year( July 1, 20 - June 30, 200 The Hideaways NC 005740 1 This report generated in compliance with .NCENR requirements. ts. David B. Pittman, C `HH 02 Moss Creek Dr Cayce, South Carolina 2 033 PV . General Information p'acilitySystetn Nacre. The Hileawrays Responsible Entity: Go --Go Properties LLC Person in Charge/Contact.- John c e Matt Applicable Pe rrrit(s): NC 005 401 Description of Collection ,System or "r•eatment Process: 2000 gallon per clay rotational biological contactor consisting ref. (1) .Rotational biological contactor (2) Chlorination (3) Sanclfiltration (4)De-chlorination 24 Performance Overall performance. The a ility has met its NPDES permitted water duality parameters o f OD(5)1- pH fecal coliform; flaw; total suspended solids; chlorine, total residual; ammonia, total nitrogen; dissolved oxygen; and temperature exceptfor they ollo i g Notice of i ► ation(s)(NOV(. Exceeding permit limitationy for the followin parameters. Chlorine residual of'2 ' micrograms of ecember 2006 through June 2007;~ BOD monthly average of'30-45 mg1l of December 20 ,- and Total suspended solids monthly average of '30-45 mg l of June 200 7. OV 3. Notification This document is available.for the review by contacting Go -Go Properties LLC:': A public not cation. form declaring where the report is available and who to contact has been issued to all affected esident . 4. Certification as the responsible entity, do ascertain to the hest of nay knowledge that this report is accurate and complete in compliance with NCD NI regulations. For complete details concerning the compilation of data and information contained in the report, contact the consultant, David P. Pittman, C'.h MM. The infor�rnation provided in this report is hosed upon a thorough nevi of the RC(Operatvr° Re, Pons ble in Charge) logbook of"the facility, NC D NR and EPA documents and databases pertaining to the facility and oreper mit violations A r t Michael F. Easley, veynor ' William C. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources i Coleen H. Sullins, Director Division of Water Quiaiity October 5, 2007 Mr. John Rosenblatt, Owner Go Go Properties, LLB P.O. Box 2477 Charlotte, NC 2224 SUBJECT: Compliance Evaluation Inspection The Hideaways WWTP NP ES Permit No. N O0571 1 Mecklenburg County, N.C. Tear Mr. Rosenblatt. On September 12, 2007, Mr.; Christopher Elmore of the Mecklenburg County "Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. It is requested that a written response be submitted to this Office by no latter than November 5 2007, addressing; the deficiency noted in the Permit section of the report. In responding, please address your comments to the attention of Ms. Marcia Allocco. Additionally, please send a copy of this response to Mr. Rusty Rozzelle ofMCWC, P at 700 N. Tryon Street, Suite 205, Charlotte, NC 28202. If you have any questions concerning this report or any other matters, please do not hesitate to call Ms. All cco or me at this office. Sincerely, Robert E. Krebs Regional Supervisor , Surface Water Protection Enclosure cc: Rusty Ro zelle, MC QP RBK/cfe/MA F Hideaways 0057401 One Carolina Mooresville Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: 4 rt t .i c x,t ; t f ° t , 6 10 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-87 - 23-674 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper United States Environmental Protection Agency, Washington, DC 20460 Foci '90-0 $'% NPDES Compliance Inspection Report I&M Wj OMB IN North Carolina Department of Environment and Natural Resources ATA Appi Division of Water Quality, Mooresville Regional Office NCDENR Section A: National Data System Coding Transaction Code NPDES Permit No. YR/MO/DAY Inspection Type Inspector Faci N 5 NCO057401 07/09/12 C C Remarks: Inspector: Mecklenburg County Water Quality Program Inspection Work Days Facility Self -Monitoring Evaluation Rating III QA .......... Reserved.... 0.5 3 N N Section B: Facility Data Name and Location of Facility Inspected: Entry Time: Permit Effe, The Hideaways WWTP 10:30 AM May 1, 2005 Hwy. 49 South Exit Time: Mecklenburg County, NC 11:15 AM Permit Expi Date: June 30, 201 Name(s) of On -Site Representatives ----- — Title(s) -------- Phone No(s): Mr. James Allison Operator in Responsible Charge (704) 562-7687 Name and Address of Responsible Official: Title: Mr. John Rosenblatt Owner P.O. Box 240772 Phone No. 4 Charlotte, NC 28224 (803) 588-2089 Section C: Areas Evaluated During Inspection Permit Flow Measurement Z Operations& Maintenance Sev Records/Reports Self -Monitoring Program Sludge Handling/Disposal D Poll Facility Site Review El Compliance Schedules Pretreatment Program 0 Mal Effluent/Receiving Waters Laboratory 0 Storrs water El Oth Section D: Summary of Findings/Comments All areas are rated satisfactory unless otherwise indicated. See Attached Sheet(s) for Summary Signature(s) of Inspector(s): Agency/Office/Telephone- Dal Christopher Elmore MCWQP/(704) 336-5500 Ser j nature of Review Agency/Office Do, NCDENR— Division of Water Quality GENERAL: The facility was last inspected by MCWQP on September 26, 2006. A Compliance Evaluation Inspection report was issued on October 13, 2006. PERMIT: `rhe current permit properly describes the facility and appears adequate for the waste stream being treated. The existing 0.002 MGD facility consists of a rotating biological contactor (RBC) unit with a RBC basin, settling/clarifier section, chlorine contact basin, and a filter unit. Pursuant to G. S. 143-215.1 C, the owner or operator of any wastewater collection or treatment works, the operation of which is primarily to collect or treat municipal or domestic wastewater and for which a permit is issued under this Part, shall provide to the users or customers of the collection system or treatment works and to the Department an annual report. The Mooresville Regional Office of the Division of Water Quality does not possess a copy of the annual report for 2005 or 2006 for the Hideaways WWTP. This deficiency was noted in the inspection report issued in October of 2006. Please provide a copy of the latest annual report. The certification classification for NC0057401 requires that the facility have an operator in responsible charge (ORC) with a Grade I Biological Water Pollution Control System (WW-1 certification. The facility is staffed (ORC and back -tip) with personnel that possess the appropriate operator certification. RECORDS/REPORTS: Discharge Monitoring Reports (DMRs) were reviewed for the period August 2006 through July 2007 and appeared properly completed. During the inspection, a comparison between facility review did not find any discrepancies. All reviewed records, reports, and logs were clear and well maintained. FACILITY SITE REVIEW: All of the major components of the facility were in service and appeared to be operating properly at the time of the inspection. FLOW MEASUREMENT: The flow meter at this facility has been removed. Flow is to be determined by calculation. This is adequate for determining flow at this facility. LABORA fled by the Division of Water Quality to perform fief( I1G WATERS: OPERATI Tht overall opt SLUDGE Carolina Administrative Cc pumping station or treatmei of the wastewater shall be r (Mooresville Regional ff the time the permittee becai.. r,w EMMEEMMMM .1ty. CE: speared to be properly operated and r acceptable for the size and type of tl )oratories were not which is a Class WS- the time of the the effluent. Mecklenburg County, it is requested that MCWQP be notified at 704/336-5500. Spills occurring on weekends or holidays can be reported by calling the North Carolina Division of Emergency Management at 800/662-7956, 800/858-0368, or 919/733-3300. A written report shall also be provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken (or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. WAI� NAiclurel F, Easley, 6ovemor William 6, Ross Jr, Secretary C" 7� North Carofina Depailincut ofFarvironatent and Natural Resoinves C I oleen If, Sullins, Director September 6, 2007 KC%aA:IVtU-, SEP 11 W Mr, John Rosenblatt Go Go Properties, LLC NC DENR MRO PO Box 240772 Charlotte, North Carolina 28224 M-Surface Water Protedlon SUBJECT: Authorization to Construct A to C No. 057401A01 Go Go Properties, LLC The Hideways WWTP Dechlorination Facilities Mecklenburg County Dear Mr. Rosenblatt: A, fast track application for Authorization to Construct dechlorination facilities was received on August 30, 2007, by the Division. Authorization is hereby granted for the construction of modifications to the existing The Hideways WWTP, with discharge of treated wastewater into Catawba River (Lake Wylie) in the Catawba River Basin. This authorization results in no increase in design or pen -flitted capacity and is awarded for the construction of the following specific modifications: Installation of a dechlorination systern utilizing sodium sul rite pursuant to the fast track application received on August 28, 2007, and in conformity with the Minim urn Design Criteria for Dechlorination Facilities, This Authorization to Construct is issued in accordance with Part 111, Paragraph A of NPDES Permit No. NC'0057401 issued May 1, 2005, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0057401, Ira the event that the facilities fail to perforin satisfactorily, including the creation cal nuisance conditions, the Pennittee shall take immediate corrective action, including those i be required by this Division, such as the construction of additional or replacement wastewz' treatment or disposal facilities. The Mooresville Regional Of telephone nu nber (704) 663-1699 shall be notifi least forty-eight (48) hours in advance of operation of the installed facilities so that art on s Nooh Carolina Division of Water Quality 1017 Mail Service C'enter Ralcigl. NC 27690-1617 Phrnre (9191733-7015 custome Intemet: t�.ncwat 512 N: SalisbuD St, Raleigh, NC 27604 FAX (919) 733-2496 1-877-6 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper inspection can normal office' y , Pursua 6' 1..1 Cla€ wee rnai. Pert con and Pen ,f construction and prier to opt fication for attached to this wiled on the form. of the approved plans and specifications shall be rr ,ie life of the facility. in such a manner, as necessary to comply with the effluent limits lit. irernnutee snan :Ye (ORC) of the and grade at least cut facilities by T 15A: C:i.0202, -d on file by the he pe 'mittee shall snt facilities at all times, ,died in the NPDE acted in accordance qppljc l the North .e what the contractor's responsibilities shall be in complying with these Acts. Prior to entering into any contract(s) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requirements contained in this Authorization to Construct may subject the Perrnittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General ;Statute l -: 15.6A to 14 - 15. C. The issuance of this Authorization to Construct > does not preclude the Pe-nittee 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. IF 1r. Rosenblatt September 6, 200 Page If you have any questions or need additional information, please do not hesitate to contact Cecil G. Madden, Jr., P.E. at telephone number 919) 715-6203. Sincerely, n C 61cen H. Sullins AR/cgrn cc: J. Thurman Horne, P.E., Horizon Engineering & Consulting, Inc., Mt. Pleasant' 1Vll�lenb C'ounty� 1-iealtl� lie artmet Technical Assistance and Certification Unit Daniel Blaisdell, P.E. Point Source Branch, NPDES Program Cecil G. Madden, Jr., P.E. Anita kneed, E.I. ATC File t >: 260 Hemingway Ln , Fart Mill, SC 2970 . DECXuxx S t Ms. Marcia Allocco NCDEN v , 510 East Center Ave. Suite 3€1 Mooresville, NC 28115 Subject: NOV - Effluent Limitations Tracking # NOV- 0 -LV-t 534 The Hideaways WVVTP NP©ES Permit # NG0057401 Mecklenburg County Dear Ms. Allocc, This facility has a sand filter for final treatment. The filter media needed to be changed at the time of sampling. This has been done and regular schedule of backwashing has been implemented. If you deed to contact me, please call 704-55 -75 7. Sincerely, es D. Allison Rx Micl WilliE North Carolina Department of Env rontnet Alan W. Klimek, P.E. Director Division of Water Quality November!14, 206 EtTIFIED MAIL FURN RECEIPT REQUESTED 7003 2260 0001 3494 8810 John Rosenblatt Box 240772 rlotte, Forth Carolina 284 Subject: Notice of Violation - Effluent Limitations Tracking : NOV"-2006-LV-0534 The Hideaways WWTP P E Pe it No, NCO057401 Mecklenburg County r Mr. Rosenblatt: fallowing parameter:- Parameter Reported. Value Permit Limit suspended solids 47.6 ll (Daily maximum) 45.0 mgll (Daily maxin [al actions, if not already implemented, should be taken to correct any problez • • • • i ,# 11+ •• • • •- ling this matter, please do n Sincerely, IV Mi< Sur' Act cc: Paint Source Branch Mecklenburg County A Nora --4 October 13, 2006 Mr. John Rosenblatt P.C. Box 240772 Charlotte, NC 2224 SUBJECT: Notice of Def Compliance E The Hideaway NPDES Pernti Mecklenburg + Dear Mr. Rosenblatt: "i(lclrw.: 'X f,. -V +1a... Michael F. Easley, {governor William 0. Ross Jr., Secretary Carolina Department if Environment and Natural Re -sources Alan W. Klimek, P.E. Director Division of Water Quality iency aluation Inspection WWTP No. NCO0 7401` ounty, N.C. vlecklenbur Court Water uali to Mt. Rusty Rozzelle ofMCWt P at 700 N. Tryon Street, Suite 205, Charlotte, NC 28201 If you have any questions concerning this report or any other matters, please do not hesitate to Ms. Marcia Allocco or me at this office, Sincerely, u " D. Rex Gleason, P.E. Water duality Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWQP DRG/ fe A FILE. WQ Ilideaways 0 57401,09t16 n AGRA hCari atHCDENR Mooresville Reizion<at Office Division of Water Quality Pl one 704-663-1699 Custotmei ,iitri : jirl 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1-877 An Equal Opportunity/Affirmative Action Employer - 5011/6 Recycled110% Post Consumer Paper an Agency, Washington, DC pection Report 1N%-VW /A+V I V0/Vy/Z0 U C 2 Remarks: Inspector: Mecklenburg County Water Quality Program Facility Self -Monitoring Evaluation Rating Rl QA ........... Reserved ........... N N Section B: Facility Data acility Inspected: Entry Time. Permit Effective Date: 10:05 AM May 1, 2005 Exit Time: 11:05 AM Permit Expiration hate: bate: June 30, 2010 Se Leber 26, 2006 esentatives ------- Title(s) ------ Phone No(s): .rator in Responsible Charge (704) 562-7687 sponsible Official: Title: Owner -Phone No-. T- Contacted? (8 03) 588-2089 Yes rermit JX�j Flow Measurement � Operations& Maintenance 0 Sewer Overflow Records/Reports Self -Monitoring Program Sludge Handling/Disposal El Pollution Prevention Facility Site Review Compliance Schedules ❑ Pretreatment Program El Multimedia Section D: Summary of Findings/Comments All areas are rated satisfactory unless otherwise indicated. See Attached Sheet($) for Summary Signature(s) of Inspector(s): Agency/Ofrice/Telephone: Date: Christopher Elmore MCWQP/(704) 336-5500 October 3, 2006 nature of Reviewer: Agency/Office Date: (P Marcia Allocco NCENR-DWQ (704) 663-1699 EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete AL. The; facility was last inspected by MCWQP on [nation Inspection report was issued on September l IT: The current permit properly describes the facilit an being treated. The existing 0.002 MCD facility consists of a rc Pursuant to G.S. 143-215,1C the owner or open .nt works, the operation of which is primarily to ,opy of'the requirements is attached to the i ge (ORC) with a Grade 1 Biol igust 26, 2004. A Compliance , 2004. and appears adequate for the waste basin, �. d a filter unit. provide to th+ Department y dries not po ►u report for your reference. s that the facility have an operat( appropriate operator certification. As per 1 A NCAC 8G.0202, Responsibilities of System Owners, and the standard conditions of NC0 454 , an Owner oa water pollution control system must 1) designate one Operator in Responsible Charge (ORC) and one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) of the appropriate type and grade for the system as set forth in Rule .0201 of this Section, and ) submit a signed letter to the Commission (local health department for owners of subsurface systems), countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC). The Division of Water Quality records indicate that the last ORC designation form was submitted in 2001 under the previous ownership of the Hideaways W TP. Please submit a completed Water Pollution Control System C Designation Form listing the current and back-up ORC designations. A copy of the ORC Designation form is attached to the inspection report for your use. Discharge Monitoring Reports (DMRs) were reviewed for the period December 2005 through July 206 and appeared properly completed. During the inspection, a comparison between facility ENJ ebruary 28, 2006 7. FFFLI. ENT/R The fil Ill and B water inspection. The S LF-MO T of the facility were i kn. low. The meter rheas ronowrng exceptions: I . A total suspended solids concentration of 47.6 mgll w which exceeded the permitted daily maximura limit of he handled under separate cover by the Division of Wa er tualty. 2. A fecal coliform conce which exceeded the pe� violation was addressei .on of >600 CFt ml was reported on January 9, 2006, .iit of 400 CFU/I 00 nd. This he Division of Water Quality through the issuance of a Notice of Violation (Case Number NOV-2006-LV-0 12 8). RATIN(em: Unsatisfactory DPERATIONS & MAINTENANCE: The facility and grounds appeared to be properly operated and maintained. The current :werall operating strategy appears acceptable for the size and type of the facility. �LUDCAE DISPOSAL: Biotech Liquid Waste pumps to solids from the RBC unit. Biotech Liquid Waste was ,iot evaluated under this inspection. "SEWER OVERFLOW: provided within five (5) days of the time of the incident. The report shall contain a description of the bypass, and its cause; the period of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any negative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. e ' � ;, ,� � , t �; r t e -. e 1 • a r • • - l ! ! t IM d • • � • - d 9 .;. OGO Properties LLCM 4 P.O. Box 240772 Charlotte, C. 24 EI` � f OF 704 525-1852 APR 0 4/21/06 .` yw Mr. Rex Gleason r ;v NCDENR 610 E. Center Ave' Suite 301 Mooresville, NC 28115 Dear Mr. Gleason: I have received your letter dated 3-30-06 regarding a violation at a small sewer plant on a` piece of property that l own. This plant was in bad shape when we purchased the property on October 2005. This letter is to simply inform'NCDENR that we have made numerous upgrades to our plant in the past 60 days, to the tune of about $6,000.00. We feel sure the upgrades we have made will insure there will be no more violations from our plant. If you have any questions please feel free to call me. fohn Rosenblatt` Manager Tracking# Nov-2006-1.,V-0�llideaways TP) + s Michael F, Easley, Go4611 William G. Ross Jr., Secretary t" North Carolina Department of Environment and Natural Resources Alan W, Klimek„ P.E. Director Division of Water Quality March 30, 2006 CERTIFIED MAIL RETM, RECEIPT LESTE 7003 2260 00013493 874 Mr. John E. Rosenblatt Coo Go Properties, LLC Post Office Box 240772 Charlotte, North Carolina 2824 Subject: Notice of Violation - Effluent Limitations Tracking #'i NO-2006-LV-01 8 The Hideaways W WTP N DES Permit No. NCO0 7401 Mecklenburg County Dear Mr. Rosenblatt: A review of the January 2006 self -monitoring report for the subject facility revealed a violation of the following parameter: Pi' e Parameter Reported Value Pe it Limit 001 Fecal Colifonn >600/100 ml (daily maximum) 400/100 ml (daily maximum) Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. if the violations are of a continuing nature, net related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order b Consent, You may contact Mr. John Lesley of this Office for additional information. 1f you have questions conce ing this matter, please do not hesitate to contact Mr, Lesley or me at 704/663-1699, Sincerely, !r D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor cc: Point Source Branch Mecklenburg County Water Quality Protection JL AMA VoCarolina Mooresville' Regional Office Division of Water Quality Phone 704-663-1699 Customer Service Internet: v4 .nc titer aalit :ors 610 East Center Ave, Suite 301 Mooresville, NC 28115 Fax 704-663-6040 1- 7 -6 3-6748 An Equal Opportunity/Affirmative Action Employer— 0% Recycled/1 0% Post Consumer Paper ENR 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 January 30, 2006 Mr. John E. Rosenblatt At Go Go Properties, LLC v,4A, P. U. Box 240772 Chi,Intte NC 28224 CT: NPI)ES Permit Reporting Requirements The Hideaways WWTP NPDES Permit Number NCO057401 Mecklenburg County r a• :iM the i is your ORC, future reports will be submitted on time and with no deficiencies. [f you have any questions about this letter or I)MRs, please contact me at (919) 733-5083, extension 547. Sincerely, Bob Sledge, Environmental Specialist Point Source Branch Utachment Central Files Mecklenburg Co.Water Quality Program Bob Sledge ervice Center, Raleigh, Noah Carolina 27699-1617 One bury St., Raleigh, North Carolina 27604 )-733-7015 /FAX 919-733-9612 / Internet:: h2o.enr.state,nc,us NorthCarolina nnnrtunit /Affirmative Antinn Pm to or - rno/- Pai iIaAIIn0/- Pntf (nmcmar Pa or Natundil NNR 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 January 13, 2006 CERTIFIEi MAIL 7003 0500 0002 6814 2956 RETURN RECEIPT REQUSLED Mr. John E. Rosenblatt JRCEj Go Go Properties, LLC OFFICE P. 0. Box 240772 Charlotte, NC 28224 SUBJECT: NOTICE OF VIOLATION: NOV-2006-LR-0004 J A N 17 2Le) C1 6 The Hideaways WWTP NPDES Permit Number NCO057401 Mecklenburg County P tq r, rusUT ON Dear Mr. Rosenblatt: Y"T NO i;illl A I lil 11123111111111JIM essential to the efficient operation of our water quality programs. We appreciate your assistance in this matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, Sul n A. Wilson, Supervisor NPDES Western Unit cc: Point Source Compliance/Enforcement Unit "MM—W000*0 Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 51P N. Salisbury St, Raleigh, North Carolina 27604 One orthCarofina Phone: 919-733-7015 / FAX 919-733-2496 / Internet:: h2o.enr,state,nc.us N An Equal Opportunity/Aff irmative Action Employer - 50% Recycled/1 0% Post Consumer Paper Natzarally PP michatl F; ey. CL Will' wnG.RmJr.,%=ftry 0 6 North Carolina DeMnarmt of Environment and Natural Resourm Alan W. Klimek, P. L Director Division of Water Quality September 15, 2004 Mr. Wendell C. Smith, Owner 16104 York Road Charlotte, NC 28278 SUBJECT: Compliance Evaluation Inspection The Hideaways WWTP NPDES Permit No. NCO057401 Mecklenburg County, NC Dear Mr. Smith: (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality The enclosed report should be self-explanatory. If you have any questions concerning this report or any other matters, please do not hesitate to call Mr. Richard Bridgeman or me at this office. Sincerely, R, � � 'i. D. Rex Gleason, P.E. Surface Water Protection Regional Supervisor Enclosure CC.* Rusty Rozzelle, MCWQP DRG/dJr FILE: WQ Hideaways 0057401.804 N. Caroll Wrow, ma ;TAMWIff N. C. Division of Water Quality, Mooresville Re0onal Office, 919 North in Strect, Mooresvific NC 28115 (704) 663-16" CUADMOr SMV I-M-623-674 Is am Name and Lt e Hideaway Hwy. 49 Sout Mecklenburg Name(s) of Cl r. Eddie M. Name and At Mr. Wendell i 16104 York P Charlotte, NC gjq 3t E } Permit f Protection Agency, Washington, . DC 2046 liance inspection Report it of Environment and Natural Resources uality, Mooresville Regional Office 5 NCO057401 04/08/ 6 C 2 Remarks: Inspector. Mecklenburg County Water Quality Program Days Facility Self -Monitoring Evaluation Rating El QA .„.Reserved............ N rWTP my, N to Representatives Titles) Phone No(s) Borne Operator in Responsible Charge 803-548- ass of Responsible Official: with 217 Record/Reports ® Facility Site Review E 'rx'fiitrnrs+li:+nnve�riren iA7:,o-�w� I5C Program tdules [l P WE All areas are rated satisfactoryunless otherwise indicated. See Attached Sbeet(s) for Summary Si nature' o to(s); Agency/Office/Telephone: Date. David J. r ' MCWQP/(704) 336-5500 August 30, 2004 Signature of Reviewer: Agency/Office Date: EPA Form 3560-3 (Revised -8 ) Previous Editions are Obsolete GENE The facility was last inspected by MCavQP on September , 2003. A: Compliance Evaluation Inspection report was issuedon October 10, 2003. PE RTS: gh the sand filter and discharge pip to Lake Wylie. r. a Inc. is under contract to provide analytical support. Par Labs was not e der this inspection. EFFLUENT/RECEIVING WATERS: 7 he effluent clear at the time of the inspection. A4 n& 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 31, 2005 CERTIFIED MAIL 7000 1530 0002 2099 2484 RETURN RECEIPT REQUESTED Mr. Wendell Smith 16104 York Road Charlotte, NC 28278 SUBJECT: NOTICE OF VIOLATION NOV-2005-LR-0047 (21, The ffideaways WWTP Mecklenburg County NPDES Permit NCO057401 Dear Mr. Smith: incompliant with the self -monitoring ad. im matter. If you have any questions about this letter or discharge monitoring reports, please contact Bob Sledge at (919) 733-5083, extension 547. Sincerely, - 10 irl Da Goodrich, Chief Point Source Branch cc: Point Source Branch "0181"WWW"We"Ne" Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 N. Salisbury St., Raleigh, North Carolina 27604 One North Phone: 919-733-7015 /FAX 919-733-24%/ Internet:: h2o,enr.state,nc.us Carohna An Equal Opportunity/Affirmative Action Employer — 500% Recycled/10% Post Consumer Paper AMWAY 0� IA VXF 7 NCDE—NR No Septemb Wendell South Hdeways WWTP 16104 York Road Charlotte, NC 28278 Michael F. Easley Governor William G. Ross, Jr., Secretary rolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 004 ;ubject: Renewal Notice DESPermit N00057401 Hdeways WWTP Mecklenburg County Dear Permittee: Your NPDES perruit expires on June 30, 2005. Feden notice. 7777 vastewater discharge vvill occur after June 30, 2005, the current permit must be renewed. Discha rermit would violate North Carolina General Statute 143-215.1; unperatitted discharges of waste, aalties of up to $25,000 per day. astewater discharge has ceased at your facility and you wish to rescind this permit, contact me at xss listed below. You may also contact the Mooresville Regional Office at (704) 663-1699 to beg' below. Sincerely, UE I Charles H Weaver, Jr. NPDES Unit SEP cc: Central Files NPDES File 1617 Mail SerVice Center, Raleigh, North Carolina 27699-1617 VISIT US ON THE INTERNET @ http.,I/h2o.enr.state,ne.us1NPDES I fi, ? W i I 919 733-5083, extension 511 (tax) 919 733-0719 e-mail: chartes.weaver@ncmail,net NPDES Permit NCO057401 Hideways )WWP Mecklenburg County 'Me following items are REQUIRED for all renewal packages. LA !--, ib`-t— -f ^t- wrmrwrrv.:. --A issuance of the last permit. Submit one signed original and two copies. • The completed application farm (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, written documentation must be provided showing the authority delegated to any such Authorized Representative (see Part II.B.1 Lb of the existing NPDES permit). • A narrative description of the sludge' management plan for the facility* Describe how sludge (r 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. The following items must be submitted by any Municipal or Industrial facilities dischamiLig process wastewater. Industrial facilities classified as Primary Industries (see ;Appendices D to Title 40 of the Code of Federal Regulations, Part 122) and ALL Municipal facilities with a permitted flow �: 1.0 M D must submit a Priority Pollutant Analysis (PPA) in accordance with. 40 CFR'Part 122.2 1. The above mqu mment does NOT appl ° to privately owned f, cr'li es trvating 100 domestic wastewater, or facilities which discharge non -process wastewater(cooling water, filter hac wash, etc.) PLEASE NCB 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: r arles H. Weaver, Jr. NC DENR / Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 A Michael F. Easley, ror William G. Ross Jr., Secretary i North Carolina Department of Environment and Natural Resources —i Alan W. Klimek, P. E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality October 10, 2003 Wendell C. Smithe 16104 York Road Charlotte, NC 28278 SUBJECT": Compliance Evaluation Inspection The Hideaways WWTP NPDES Permit No. NCO0 7401 ; MecklenburgCounty, I .C. Dear . Smith: Can September 23, 2003 Mr. David Rimer of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. ;This inspection was conducted as part of acooperative working agreement 'between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. If you have any questionsconcerning this report or any other matters, please do not hesitate to call Mr. Richard Bridgeman or me at this office. Sincerely; µ•to �' D. Rex Gleason, F.E. Water Quality Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWCQP DRCrldr FILE: WQ Hideawuys 0057401.903 OEM Mooresville Regional Office, 919 North Main Strut, Mooresville, North Carolina 28115 Phone 7 3-1699 Customer Service Fax 7 3-604t7 1-877-62.3-6748 United States Environmental Protection Agency, Washington , DC 20460 Form Approved Aft T, NPDES Compliance Inspection Report OMB No, 2040-0003 AMA �Swl 1. North Carolina Department of Environment and Natural Resources Approval Expires 47.7 Division of Water Quality, Mooresville Regional Office 7/31/85 Section A: National Data System Coding Transaction Code NPDES Permit No. YR/MOIDAY Inspection Type Inspector Facility Type N 5 NC0057401 03109/23 > C C 2 Remarks: Inspector: Mecklenburg County Water Quality Program Inspection Work Days Facility Self -Monitoring Evaluation Rating BI QA .... ...... Reserved ........... U 2 N N Section B: Facility Data Entry Time: Permit Effective Date: Name and Location of Facility Inspected: 10:45 AM January 1, 2002 The Hideaways WWTP Exit Time: Hwy. 49 South 11:05 AM Permit Expiration Date: Mecklenburg County, NC Date: June 30, 2005 Name(s) of On -Site Representatives --'I'it1e(s)----Phone No(s): Mr. Eddie M. Osborn Operator in Responsible Charge 803-548-6741 Name and Address of Responsible Official: Title: Owner Mr. Wendell C. Smith Phone No. Contacted? 16104 York Road 704-588-2089 Yes Charlotte,',\C 28217 Section C: Areas Evaluated ]Burin ry Ins ection _�Perm�itE Flow Measurement Z Operations & Maintenance Z Sewer Overflow Records,,Reports E Self -Monitoring Program Sludge HandlinspDisposal El Pollution Prevention Facility Site Review El Compliance Schedules Pretreatment Program El Multimedia EffluenvRecei ter El Other: Section D: Summary of Findings/Comments All areas are rated satisfactory unless otherwise indicated. See Attached Sheetts) for Summary Signaturets) of Inspector(s): Agency/Office/'Felephone: Date: r David J. Rirne:::D MCWQP/(704) 336-5500 September 30, 2003 Signature of Reviewer: Agency/Office Date: EPA Form 3560-3 (Revised 3-85) Previous Editions are Obsolete GENERAL: The facility was last inspected by MCWQP on September 23, 2002. A Notice of Violation/Compliance Evaluation Inspection report was issued on November 14, 2002, PERMIT: The current pen -nit properly describes the facility and appears adequate for the waste stream being treated. The existing 0.002 MGD facility consists of a rotating biological contactor (RBQ unit with a RBC basin, settling/clarifier section, chlorine contact basin, and a filter unit. RECORDS/REPORTS: Discharge Monitoring Reports (DMRs) were reviewed for the period September 2002 through August 2003 and appeared properly completed. Records, reports, and logs are clear and well maintained; no discrepancies were noted. FACILITY SITE REVIEW: The facility discharges to Lake Wylie (Catawba River), which is a Class WS-111 and B 1. water in the Catawba River Basin. All of the major components of the facility were in service and appeared to be operating properly at the time of the inspection. The Operator in Responsible Charge (ORC), Mr. Eddie M. Osborne, maintains a North facility. FLOW MEASUREMENT: Flow is measured by an in -line meter that measures the volume pumped from the effluent pump basin through the sand filter and discharge pipe to Lake Wylie. LABORATORY: Par Labs Inc. is under contract to provide analytical support. Par Labs was not evaluated under this inspection. EFFLUENT/RECEIVING WATERS: The effluent was clear at the time of the inspection. SELF -MONITORING PROGRAM: Discharge Monitoring Reports (DMRs) were reviewed for the period September 2002 through August 2003. The reports indicate that the facility was meeting permit effluent limits and monitoring requirements during this period. The reports indicate that all parameters are being monitored at the required frequencies and locations. OPER,NTIONS & MAINTENANCE: The facility and grounds appeared to be properly operated and maintained. The current overall operating strategy appears acceptable for the size and type of the facility. SLUDGE DISPOSAL: Waste s discharged to tf evaluated under SEWER OVE] Please b Carolina Ad it pumping statioi of the wasteNvat (Mooresville Ri the time. the ner �lids are pumped from the RBC unit by Liquid Waste, Inc. The sludge is -� CMU system through an approved perinit, Liquid Waste, Inc. was not this inspection. MHOWN advised that pursuant to Part 11, Section E of your NPDES permit, and North istrative Code (NCAQ 15A 213.0506 (a)(2), any failure of a collection system, or treatment facility resulting in a bypass without treatment of all or any portion -r shall be reported to the central office or the appropriate regional office gional Office 704-663-1699) as soon as possible but no later than 24 hours from nittee became aware of the bypass. For spills/bypasses, which occur in runty, it is requested that MCWQP be notified at 704,1336-5500. Spills occurring it holidays can be reported by calling the North Carolina E 1800/662-7956, 800/858-0368, or 919/733-3300, A writt n five (5) days of the time of the incident. The report shal .1 its cause; the period of the bypass, including exact dates planned) to reduce, eliminate, and prevent recurrence of the similar events. Any spill that reaches surface waters (i.e. any spill that reaches any water already present in a conveyance, stream, ditch, etc.) or any spill greater than 1,000 gallons on the ground that does not reach surface waters must be reported. An adequate spill response for those spills reaching surface waters should include an evaluation downstream of the point at which the spill entered surface waters to determine if a fish kill occurred. The evaluation should also include the collection of upstream dissolved oxygen and pH measurements for background information and dissolved oxygen and pH measurements at multiple points downstream of the entry point to document any neorative impact. Failure to report the bypass of collection system, pumping station or treatment facility subjects violators to penalties of up to $25,000.00 per day per violation. NC U-4 r The Hideaways s NPDES Permit No. NCO057401 16104 "York Road ;. Charlotte, .C. 28278 Hear Mr. Bridgeman have reviewed the report sent to me can the inspection of the Hideaways. The DMRs are now being completed with greater attention Cu detail. I . The Temperature is being checked biweekly . The Chlorine rine is being ehecked biweekly . The Flow data is being reported at 0.000350 MGD instead of 000350 CD 4. The Dissolved Oxygen does not, have to be checked because the flow rate is well below 0.00 according to the permit, I took over the Discharge Monitoring Reports after the death of my father n July of 200 1. 1 was using his DMRS for frequency to check the temperature and chlorine and how he was reporting the MGD flaw rate. I have corrected the Self Monitoring Reports and will make sure they are filled out according to the permiton all future reports. I would appreciate your understanding as to why the reports were filled out the way they were. All of the effluent rater test have been well' low the permit maximum levels. Again, I will make sure the reports are died out with eater attention to detail and that all ch ks are done according to the permit. Sincerely Wendell Smith 0 Michael F. Easley Governor William G. Ross, Jr.,Secretary North Carolina Department of Environment and Natural Resources Alan W. KlimeK Director Division of Water Quality November 14,2002 CERTIFUD MAIL RETURN RECEIPT RE91LESTED Mr. Wendell' C. Smith 70012510 0005 0287 9955 16104 York Road Charlotte, NC 28278 SUBJECT: NOTICE OF VIOLATION Compliance Evaluation Inspection The Hideaways WWT`P NPDES Perm it No. NCO057401 Mecklenburg County, N.C. Dear Mr. Smith: On September 23, 2002, Mr. David Rimer of the Mecklenburg County Water Quality Program (MCWQP) conducted an inspection at the subject facility. This inspection was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Water Quality. The enclosed report should be self-explanatory. This report is being issued as a Notice of Violation (NOV) because of violations of the subject permit and North Carolina General Statute (G.S.) 143-215. 1, as detailed under the Self -Monitoring Program headings. It is requested that a written response be submitted to this Office n Dec ernher 2, 2002, addressing the violations and/or deficiencies noted under the Self -Monitoring Program and Records/Reports headings of the report. Please direct your response to Mr. Richard Bridgeman of this Office. Additionally, please send a copy of this response to Mr. Rusty Rozzelle of MCWQP at 700 N. Tryon Street, Suite 205, Charlotte, NC 28202. If you have any questions concerning this report or any other matters, please do not hesitate to call Mr. Richard Bridge man or me at this office. Sincerely, -Y �aso D. Rex Glen, P.E. Water Quality Regional Supervisor Enclosure cc: Rusty Rozzelle, MCWQP DRG/dr File: hide waysOO57401.902 XXX Ntbf—NR Customer Service Mooresville Regional Office, 919 North Main Street, Mooresville, NC 28115 PHONE (704) 663-1699 1800 623-77748 FAX (704) 66.4,6040 Jnited Stags En•virc Ate nV4 *3 to 1 `' a f e p• afirm 1 e r s e p f e @ p • •� p t r• e o a eWa,• a , a r e a a •e t + .w 1 EPA Form 3560-3 (Revised 3- 5) Previous Editions are Obsolete FA( watt prop )n Inspection report was issued on November 14, 2001. r: he current permit properly describes the facility and appears adequate for the waste -ing treated. asin, and a filter it. on Grade IV, which is acceptable for the'class of the facility. )S/REPORTS: ily 2002. The following several discrepancies were noted, suggesting that DMR's completed with greater attention to detail, including monitoring frequency and Flc .e January 2002 through July 20021 DMRs reported Temperature weekly instead of luired biweekly reporting. e January 2002 through July 2002 DMRs reported Dissolved Oxygen weekly instc the required biweekly reporting. AR's improperly reported Flow data as gpd instead of the required MGD. cords relative to self -monitoring and instrument calibration were made available t, .X: Unsatisfactory TY SITE REVIEW: be facility discharges to Lake Wylie (Catawba River), which is a Class WS-M and B the Catawba River Basin. ,11 of the major components of the facility were in service and appeared to be operating at the time of the inspection. I disch evalu SENN RY: )s Inc. is under contract to provide analytical support. Par Labs wasnot evalual ection. RECEIVING WATERS: luent was clear at the time of the inspection. FORING PROGRAM: satisfactory k MAINTENANCE: y and grounds appeared to be properly operated and maintained. The current Strategy appears acceptable for the size and type of the facility. �SAL: ds are pumped from the RBC unit by Liquid Waste, Inc. The sludge is CMU system through an approved permit. Liquid Waste, Inc. was not pis inspection. �LOW: A times, and if the bypass has not been 1 uF%Ja:c "'%, w�YF"-aO w an ra.avwuavcz: vyy.awasaag, F, IXFXA45 Oc""WA.=aaa uwcswaxvax.+.. x a ays....j O—WjwvkO vxv. penalties of up to $25,000.00 per day per violation. mcallat 1% ley, v' WVV4A$uc William G. Ross Jr., Secretary North Carolina DePattment of Environment and Natural Resources Alan W. Klimek, F'.., Director Division of Water Quality October 23 2002 7001 2510 0005 0288 00� 1 cl.R.Tr Wendell C. Smith The Hideaways 16104 York Road Charlotte, NC 28278 Subject: Notice of Yiolatinn - Reporting Requirements The Hideaways W WTP NPDES Permit No. NCO057401 Mecklenburg County Dear Mr. Smith: You recently received a Notice of violation dated October 17, 2002 which documented violations of the Permit it reporting requirements during June 2002. The Notice erroneously identified Dissolved Oxygen as having a reporting deficiency. The violations should have been identified as follows: Pie Parameter R erred 1YIa�lnitorin ire' uen Location Eailu! to Re ort 2/W k Effluent 4 001 Temperature 001 Total Residual Chlorine2/Week Effluent 4 Please discard. the referenced Notice dated tober 17, 2002. y copy of this letter, this cuff! is requesting that our Raleigh Office remove the -subject Notice from your file. Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. Similar failures tomonitor/report have occurred each month since issuance of the current permit, which became effective on January 1, 2002. The operator in Responsible Charge has also almost consistently failed to properly report Flow data; for example, 350 gallons per clay should be reported as 0.000350 MCD,not 000350 M D. if you have questions concerning this matter, please do not hesitate to contact either Mr. Bridgeman or me at 704/663.1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Point Source Compliance/Enforcment Unit RMB INCDENR C N. C. Division of Water Quality 919 North Maur; street, iooresvHle NC 28115 Phone (704) 6630699 r iRiam G. R= Jr„ Secretary } North Carolina Department of Environment and Natural Resources Alan W. Kl' = Director Division of Water Quality October 17 2002 IL REIM RECEIPT REQUESTED 7001 2510 0005 0286 9956 Mr. Wendell C. Smith e Hideaways 16104 York. Road Charlotte, NC 28278 Subject. Notice of Violation - Reporting Requirements The Hideaways WWTP NPDES Permit No. NCt057401 Mecklenburg County Dear Mr. Smith: A review of the June 2002 self: monitoring report for the subject facility revealed violations of the following reporting requirements: Pipe Earameter Reguired ' onitorin Fre ulenc cation Failures to R,e ort 001 Temperature 2/Week Effluent 4 001 Dissolved Oxygen 2/Week Effluent Remedial actions, if not already implemented, should be taken to correct any problems. The Division of Water Quality may pursue enforcement actions for this and any additional violations. Similar failures to monitor/report have occurred each month since issuance of the t permit, which became effective on January 1, 2002. The Operator in Responsible Charge has also almost consistently failed to properly report Flaw data; for example, 350 gallons per day should be reported 'as 0.000350 MGD, not 000350 MGD. If you have questions concerning this matter, please do not hesitate to contact Mr. Bridgeman or me at 704/663-16 9. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor cc: Point Source Compli 'celEnforement unit RME OMER N. C. Division of Water Quality 919 North Main street, Mooresville NC 28115 Phone (704) 663-169 FAX (704) 6 W