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Home My WebLink AboutNC0074799_Regional Office Historical File Pre 2018 (4)Mooresville Division TO Bob Sledge THROUGH:Rob Irk► gj�-- FROM:John Lesle,<,)�/� SUBJECT:rat for Remission t OF ! r a •' ! r ! r • • i l"A Michael F Easky, Govem ""I William 0. Ross Jr., Secreta North Carolina CkPartultut Of Ftivitooment and Natural Resourel, I V Coleen Sullins, Director Division of Water Quality January 24, 2008 CERTIFIED MAJIL 7006 2760 00018497 6407 RETURN RECEIPT RE UESTED She T. painter, Registered Agent Pines Mobile Home Park 212 Stacey Tucker Circle Gastonia, North Carolina 28056 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute 1,43-215. 1 (a)(6) and NPDES Permit No. NCO074799 Pines Mf1P WWTP Gaston County Case No. LV-2008-0032 Dear Ms. Painter: This letter transmits a Notice of Violation, and assessment of civil penalty in the amount of $333.89 ($250.00 civil penalty + $83.89 enforcement costs) against Pines MHP. This assessment is based upon the following facts: A review has been conducted of the self -monitoring data reported for July 2007. This review has shown the subject facility to be in violation of the discharge limitations found in NPDES Permit No. NCO074799. The violations are surnmaTized in Attachment A to this letter. • Pr4'Caml - atA-01 Mr Qb U11- N, C. Division of Water QWAY. Mooresville RcgkffW Office, 610 F- Center Ave- Suite 301, Mooresville NC28115 (704)663-1699 CustorwrService 1-977623-6748 250,00 For I of the one (1) violation of G.S. 143- 2151_(a)(6_)_and NPDES Permit No. NCO074799, by discharging waste into the waters of the State in violation of the pernfit monthly average effluent limit for ammonia nitrogen, 250.00 $_ 83_89 TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUST *5 Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 221(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 one 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 folloN�_rmg: I . Submit payment of the penalty: And Natural Rewurces * not bwhi& wajjwfi�* payment ofilic naty not foreclose fijrtheren�emcnt action fbr any corttinuiug� or new violatimtW. Please s6ftift Payment to the attention of q Point Source Compliance/Enturcement unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission issia n is limited to consideration of the five factor.-, 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 d 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 belowv 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 f - .1 were wrongfully applied to the detriment of the petitioner (whether the violator promptly abated continuing environinental damage resulting from the violation ( whether the violation was inadvertent or a result of an accident; (whether the violator had been assessed civil penalties for any previous violations; payment of the civil penalty will prevent payment for the ( remaining necessary remedial actions. Please note that all information present ort of yo r uest for in suppremission 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 ezrrent 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 (t days of receipt of this notice. The Division of Water Quality also requests that your complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Point Some Compliance/EWbrcernent Unit Division of Water Quality 1617 Mail Service Center Raleigb., N6rth Carolina 27699-1617 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 DEN R as follows: Ms. Mary Penny Thompson, General Counsel Department of Envirorunent 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. ture not relatel to es then derb Consent. If ouhave uestions der Can lease contact the Water cc at 704/663-1699- I....... (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATrACHMENTS cc: Water Quality Regional Supervisor w/ attacbmarts Compliance/Enforcement, File w/ attachments Cenhul Files w/ attachments ji ATTACHMENT CASE NO. LV-2008-0032 t%lwl Date Parameter Reported Value Pennit Limit l ammonia nitrogen :. .0 'I (monthly average) (monthly Denotes civil penalty assessment STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY T' OF GASTON THE MATTER OF ASSESSMENT WAIVE, R OF RIGHT"TO A F CIVIL PENALTY AGAINST ADMIMSTRATIVE 14EARINGAN PINES MOBILEHOME PARK STIPULATIONOF FACTS PERMIT NO. NCO074799 FILE NO.LV-2008-0032 Having been assessed civil penalties totaling 333.89 for violation(s) as set forth in the assessment document of the Division of rater Quality doted 24., 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in theabove-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 (duality within 30 days of receipt of die 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 ADDRESSBY Bpi JUSTIFICATION FOR REMISSION, REQUEST DWQ Case Number: LV-2008-0032 Assessed Party: Pines MHP County: Gaston Permit Number: NCO0747" Amount Assessed: $333.89 (a) N.C.G.S. 143B-282. 1@1 were (the assessment./actors are listed in the civil pena4 assessment document); (b) the viol violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences),= — (c) the violation was inadvertent or a result of an accident (i. e., explain by the violation was unavoidable or somethingyou could not prevent orprep arefor); (d) the violator had not been assessed (e) t for the remainine necessary remedial actions (i. e., explain howpayment qfthe civil penalty wall prevent youftom performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) NORTH ID 1t AFL Violator. "arilPines l WWTP nnunty: Graston NumberCast LV-2008-0032 Permit Number: _074799 ALS_ESSMENTFACTORS 1 The and extent of harm to the natural resources of the State, to the public health, or to private property resultingfrom the violation; No hann has documented; however, o nia nitrogen discharged t concentrations, above the it limit could result in toxic impacts to aquatic life,; lowered di&solved oxygen levels, and nutrient enrichment in the receiving The duration and gravityof theviolation; The violation occurred during the month of July 7 effect3) The on ground or surface water quantity or quality or on air quality; No effect on ground water or air quality are expected. Surface water quality may have been compromisedby tin teit � lowered dissolved, oxygen levels, and nutrient enrichment. 4) The t of rectifyingthe damage; The t is unknown. The amount of moneyby noncomptiancet o money appears to have been saved by the noncompliance.. +6 r the violation iwillfully or intentionally; The violation does not appear to be willful nor intentional. 7) The prior record of the violator in complying or failing to comply with program$, over which the Euviromnental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. 'rhe cost to the Mooresville Regional Office was $83.89, Date RO Supervisor Division of Water Quality Report Raw, 12J07107 Page: 7 of 13 PERMIT: NCO074799 FACILITY: Pines Mobile Home Park - Pines Mobile Home Park COUNTY: Gaston REGIOW Mooresville �00 17 �01 I ;� Limit Violation VIOLATION MONO'OPING OUTFALL DATE FREQUENCY REPORT PPI LOCATION PARAMETER UNIT OF MEASURE CALCULATED LIMIT VALUE VIOLATION TYPE VIOLATION ACTION I X, /(Monthly 07 -2007 001 Eftent Nitrogen, AMMOnia Total (as 07131107 2 X month 1 1r I" N) mg/I 2 q, Average Exceeded None Lv JW? 3titq 'N�l -)wl- C)PS'd b i-V ;Zort�' FACILITY: Town of MooreSVIII0 - Rocky River WWTP COUNTY: Iredell REGION: Mooresville PERMIT, NCO046728 Limit Violation MONITORING OU TFALL VIOLATION DATE FREQUENCY UNIT OF MEASURE CALCULATED LIMIT VALUE viOLATION TYPE viOLA'NON ACTION REPORT PEI LOCATION PARAMETER 07-2007 001 Effluent Chlorine, Total Residual 07105107 Daily weekdays U911 18 17,000 Daily Maximum Exceeded None 07-2007 001 Effluent Chlorine, Total Residual 07/06107 Daily weekdays ugll 18 17,000 Daily Maximum Exceeded None 07-2007 0011 Effluent Chlorine, Total Residual 07120107 Daily weekdays ugli 18 15,000 Daily Maximum Exceeded None PERMIT. NCO062430 FACILITY: NCDENR (Division of Parks & Recreation) - Lake Norman COUNTY.- Itedell REGION: Mooresville State ParklSwimming Limit Violation MONITORING OUTFALL VIOLATION DATE FREQUENCY UNIT OF MEASURE CALUILATED LIMIT VALUE VIOLATION TYPE VIOLATION ACTION REPORT PPI LOCAUON PARAMETER 07-2007 001 Etfluent Coliform, Fecal MF, M-FC 07131107 Daily -- all days #100m] 400 4,900 Daily Maximum Exceeded None B1oth,44,5C EFFLUENT TMS a P 10 2007 NP,DE' PFR l` NO, _—__ NC 0074799 DISCI DVZGf., NO.001 k) 'Il____JIJI.,Y— YEI AR 20 k I AC;SI TFY NAME PIPES MHP CsLAS i COUNTY— GA TO (fist additional IaWtat ries on the backside/page 2 of this fonn OPERATOR IN RESPONSIBLE C.:IX1C"rE, C.C')�: t�IwAE i. r.�r�Iw_ .__ IIERSt rN(, tit C OI I� EC;"1ING SAt%, Il,,E m I�EN r)�"i%�" FR _ .� ,. _ _ ORC" III II()I*JIa: 828-289 9"380� CHECK ROX IF OR(' k : S CHANGED PCB FLOW I DISCUttRGE FROM SITE Mail ORIGINAL and O F: COPY to: DIVISION OF WATER QUALITY ALIT°' (S "t`~ A E (* OPER-,XTOR IN RESPONSIBLE C It.AGI,L,)' DXr , 1617 MAIL SERVICE C'ENTI'm BY TIRS SIGNATURFa, 8 C:I:R'n Y THAT MIS REPORT Iwo RAL.EIGH 6. Tt 276 -16T7 AC> "nlraMAND C O ` LETF:'fO TUF RF 't' OF MY Ks'"dOWL E DWQ Fcwm MR-1 It 1,,'04)