NC0074799_Regional Office Historical File Pre 2018 (5)

stt=quaft
TBob .fledge
THROUGH: Rob Krebs
FROM: John Lesley
r
SUBJECT: Request for Remission
Pines Mobile Home Park
NPDES Permit No.
Case Nos,
L'- 1 -0 3, $339.89
Gaston County
MRO staff has reviewed e subject request for remission. The permittee does not
dispute the violations have curs however, the permittee disputes the designation of the
receiving stream as a "zero floesstream" assuming that means that the stream Will dry up
periodically in a 10 year period. 'The receiving has a 7QIO of , CFS. A revised study of the
stream flow has not been performed by the permitteeto support his claim of improperly
applying the permit limits to this facility. The permittee has also failied to request a SOC
although he has been rude aware of this option.
The permittee does raise some questions regarding enuatiin+g circumstances
regarding the operation of the facility, namely, theDivision's Training and Certification UniVs
failure to notifly the pe ; ittee or SWP at MRO of the invalidation of the ORC certification, Had
the permittee or the MRO had this information, a seriesof events that led to the neglect of the
facility may have been avoided. The former ORC (David Abernathy) and Backup ORC (Steven
Pope) were referred to the Certification Commission. A Commission hearing was held on
34/2008. e Commission is still deliberating the Backup R "s case. However, the
Commission has revoked the 's license.
A reduction of the civil penalties to include only the monthly limit violations and uphold
staff` investigation costs for each case is recommended by MRO.

Michad F. Easle.y, (jovernor
o Wdfiam Gv Ross Jr
Norlh Carohna l3epartment ofEnvironment and Natilral Resources V
-4
Col 1-1, Sullins, Director
Divwon of Xkater Qualal
Januar-N, 30, 2008
CERTIFIED MAIJ� 7007 1490 0004 4505 6462
RETURN RECEIPT REQUESTED
Mr. David N,,IcCall
Pines Mobile Horne Park
21019 Lakeview Circle
Cornelius, North Carolina 1.803 1
SU'BJLCT- Notice of Violation and Assessment of Civil
Penalty for Violations of N,C. General Statute
143 -215.1 (a)(6) and NPDES Permit No. N('0074799
Pines Mobile Home Park WWTP
Gaston County
Case No. LV-2008-0047
Dear Mr. McCall:
This letter transmits a Notice of Violation and assessment of civil penalty in the aniount
of $681.210 ($600.00 civil penalty + $81.20 enforcetrient costs) against Pines Mobile Home Park,
This assessment is base(, upon the following fiacts: A review has been conducted of the
self-motiltoring data reported fior August 2007, This review has shown the subject facility to be
in violation of the discharge limitations tbund in NPDES Permit No. NCO074799The
violations are, summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of lmv that Pines Mobile lJoine Park
violated the terms, conditions, or requirements of NPDES Permit No. NNC0074799 and Noah
Carolina General Statute (G.S.) 143-215. 1 (a)(6) in the manner and extent shown in Attachment
A. A civil penalty may be assessed in aecordancexvith the maximurns established by GS. 143-
215.6A(al)(2).
Based upon the abovefindincys cat" and conclusions of law, and in accordance with
L�' -
authority provided by the Secretary of the Department of Environnient and Natural Resources
and the Director ofthe Division of Water QUality, 1, Iobert B. Krebs, Surface Water Protection
Regional Supervisorfear the Mooresville Region, hereby make the following civil penalty
assessment against Pines Mobile Home Park
ow
ACA Noith(7arolitia
MCDENR -/V
Mwrevville Regional Office Division ofWater Quahty Phone [phone] cuslorrier sery ice
Internal kroroaati,
AN 1k'flat 610 Lasi Center Ave, Stine 301 MootcsNille, NC281 1J5 Fax [phone]-623.,6748
An Equal Opportundy/Affirmative Action Empiayer -- 50% Reicycie&10% Post Consumer Paper

1Ci{f.C1C1 For I ofthe one (I) violation otfG.S, 1 3-
215, 1(a)( ) and NPDES Permit No, NCO07 7 , by
discharging waste into the waters of the State in
violation of the permit daily maximum effluent
limit for M
"? C}.tB i For 1 of the one (1) violation of Cr.. 1 -
1 .1(a)( ) and NPDFS Permit No. laws O 7 79 ,fay
discharging wwaste into the waters of"the State in
violation f the permit monthly average f uent
limit for BOD.
... ? tl. ftl For 1 ,. . of the one (1) violation of G . 1 -
1 ,1(a)(d) and NPDES Permit No. NCO074799, by
discharging waste into the waters of the State in
violation of the permit monthly, average effluent
limit for ammonia -nitrogen.
600.00 TOTAL CIVIL PENALTY
81.20 Enforcement costs.
r __.._.6 1, Cl _ TOTAL L AMOUNT TRUE
Pursuant to G.S. 1 -21 5.6A(c), in determining the wriount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at G,S. 1 I -
`? .1(h), Which are.
(1) The degree and extent of han i to the natural resources of the State. to the public
health, or to private property resulting frorn the violations;
(` The duration and gravity ofthe violations;
(3) The effect on groundorsurface water quantity or equality or on air quality',
() The cost: of rectitying, the damage;
( The amount of money screed by noncomp]ia cc
(6) Whether the violations were committed willfully or intentionally;
(7) '1"he prior record of the violator in coniplying or failing to comply with prograrns
over which the Environmental Management "o nunis ion has regulatory authority;
and
() 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 ((A.') not inclwle ivaiver,fin*, Payment of the penalty will
not foreclose further entbreernent actionfor any continuingornew. violation(s).
Please submit payment to the attention of:
Point Source Coiiipliance,,T�iif(-.)rcement'L.rnit
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 renussion is not the proper procedure for contesting
whether the vtolation(s) OCCUITed 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 are 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,
and submit it to the Division of Water Quality at the address listed belo'.%'. In
determining whether a remission request will be approved, the following factors
,,;hall be considered:
(1) whether one or more' of the civil penalty assessment flactors in G.& 14313-
282.1(b) were wrongfully applied to the detrinIent ofthe petitioner;
(2) whether the violator promptly abated continuing environmental damage
resulting from the violation;
(3) whether the violation kvas inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for and previous
violations; or
(5) whether payment of the civil penalty will prevent payment for the
remaining necessary remedial actions.
Please note that all infon-nation 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 inforni you of leis decision in the matter Of Your
remission request. 'rhe response will provide details regarding case Status,
directions for payment, and provision, for further appeal ofthe penalty to the
Environmental Management Commission's Committee on Civil Penalty

Reirtissions (Committee), Please be advised that the Committee cannot consider
information that was not pail. 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 fiat remission,
In order to request remission, you must complete and submit the enclosed
"Waiver of Right to an Administrative 1-Tearing and Stipulation of Facts" forill
withinthirty, (130) 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 Cornpliance/Enforeetnent Unn,
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:
Ifyou wish to contest any statement in the attached assessment document you
must file a petition for an administrative hearing. You may obtain the petition
torril 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 norinal office hours. The Office of
Administrative Ile inks accepts filings Monday through Friday between the
hours of 8:00 a,rn. and 5:00 p.m.1t except for official state holidays. The original
and one (I) 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 tile
document isreceived in the Office of Administrative Hearings vv1rhin five (5)
business days following the taxed transmission. 'rhe mailing address for the
Office of Administrativel1earings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone� [phone] Facsimile- [phone]
A copy of the petition must also be served on DEN Rr 'IS folloWS:
Ms. Mary Penny, Thompson, General Counsel
Department of Environment and Natural Resources

1601 Mail Service Center
Raleigh, North Carolina 69 -I ip 1
Please indicate the, case number (as found can page one of this letter) can the
petition.
Failure to exercise one of the options above Nvithin thirty (days of receipt of this letter,
as evidenced by an internal date/time received stamp (nowt as postmark), will result in this: matter
being referred to the AttorneyGeneral's Office for collection of the penalty through a civil
action.
Please be advised that additional penalties may he assessed for violations that occur after
the review period of this assessment. If the violations are afar continuin , nature.. scat -related to
c crabs n aaa cl.`c r tT aint anc t rc hl ra s, aaaal you a ntici aate r rnedi��al c onstru ti�-arr activit es, then
vcaaa rraaavish tea cnrasia r a wlvia lr a cia1 t.irr Ccansctat f vOaaavc raacst¢caras
about, this cil"il eriaalty assessment or a $p ka� �c�tas�t�t �_Iawasc c01LUct tla� � 'at�r
ualit Sion staff the Mooresville ieion0fice at l caa RI .
(Da71
Inri 1. lira hs
Regional Supervisor
Surface Water Protection
to resvillc�, Regional Office
Division sion of Water QualityATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance./Enforcement, File w/ attachment
Central files Nv/ attachments
rh/ma

ATTACHMENT
SE NO. L - 8- 047
Outfall
Date
Parameter
Reported Value
hermit Limit
1
11, 1 / 7
BOD
10.7 in /L
t °I (Monthly average
001
, 1,1/07
Ammonia -nitrogen;
2.9 m/'1_.
2.0 mg/L (Monthly average)
Denotes civil penalty
assessment

Fr
STATE OF NORTH CARE` LI .
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
E CIVIL PENALTY AGAINST
PINES MOBILE HOME PARK
PERMIT NO, N'tfft74 79
DEPARTMENT OFENVIRONMENT
AND NATURAL RFSOURCES
WAIVER OFRIGUTTO AN
ADMINIST1t,,VI'lVE HEARING AND
STIPULATION OF FACTS
FIDE NO. I,V-2008- 047
Having been assessed civil penalties totaling $ki , fl f°or �iolation(s) as set forth in the
assessment document ofthe Division of`Wter Quality dated Jary 0, II , the undersigned,
desiring to seek remission of the civil penalties, does hereby naive 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 ill
,support f remission of his civil penalty nest be submitted to the Director of the Division o
Water Quality within 30 days of receipt of®the notice of assessment. No new evidence ill Support
of a rer ission request will, he allowed after 30 days from the receipt of the notice of assessment.
This the day of .2008
BY
ADDRESS

JUSTIFICATION FOR REINIISSION REQLjEST
DWQ Case Number: LV-2008-0047
Assessed Party; Pines Mobile Home Park
County: Gaston,
Permit Number: NCO074799
Amount Assessed., $681.20
Please use this forin when requesting remission of this civil penalty. You must also complete the
"Reguc q For Revnissiml Tfraiver oLRight to oiLAthiiiniitrcitivLHearit?g, andSti ula Ljon o Facts
forni to request remission of this civil penalty, You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the, siolation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document,
Pursuant to N.C.G.S . § 143B-282, I (c), remission of a civil penalty may be granted only vviien one or
more of the following five factors applies. Please check eachfactor 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
wrcvr ttully at fled to the detriment of tla vetutloner (the assessinentftictors are listed in the civil
penalty assessrnent docunient);
(b) the violator rorn tkve a rte continuing environmental damage resultin_g, fron-t the,
violation (i.e,, explain the steps that you took to correct the violation and prevent juture
occurrences.)1-
(c) the violation was inadvertent Cara result of an accident (i.e., explain why, the vio lation
iva.� unavoidable or sofnetring j�ou could not prevent or preparefin),,
(d) the violator had not been assessed cisjI "IT)enalties for any pre jous violations;
(e) t for the re MAELI
" ry � neces as F
remedial actions (i, e,, explain hoivpqyinent ofthe civiljoenaltrcy willl-7re vent you,fromper rinin'the
activities necessa'rj) to achieve complianve).
EXPLANATION- use additional pages asnecessat�y,)

Facility:
County:
Case Number:
Permit Number:
a
Im
IM
M
NORTH CAROLINA DIVISION OF WATER QjJALITY
Pines Mobile Home Park
Pines Mobile Home Park WWTP
Gaston
LV-2008-0047
NCO074799
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;
March.
The duration and gravity of the violation;
The BOD daily maximum permit limit was exceeded by 153% on August 14, 2007,
The BOD monthly average permit limit was exceeded by 115% during the month of
August.
The ammonia -nitrogen monthly average permit limit was exceeded by 47.5% during the
month of August.
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The cost is unknown,

5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully
or intentionally.
7) The prior record of the it in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authori4y;
and
There have been 12 other CPAs against the Pines Mobile home park during the life of
the permit with four CPAs having been issued in the past twelve months as detailed
below.
Ca se, Number Description
8) The cost tot State of the enforcement procedures.
11"1204
Date
41-,-
RO Supervisor
Division of Water Quality-

MONITORING REPORT(MR) VIOLATIONS for: Report Date: 12107107 Page9 of 13
EIT: NCO0747
PRM99
FACILITY, Pines Mobile Home Park Pines Mobile Home Park
COUNTY: Gaston
REGION: Mooresville
Limit Violation
MONITORING OUTFALL P
VIOLATION
UNIT OF
CALCULATED
REPORT ppi LOCATION PARAMETER
DATE FREQUENCY
MEASURE
LIMIT VALUE VIOLATION TYPE
VIOLATION ACTION
08-2001 001
Effluent ROD, 5-Day (20 Deg, G)
08114107 2 X month
mg/l
/5� 5 19 1
Daily Maximum Exceeded
None 4 -ZIF
08-2007 001
Effluent BOD, S-Day (20 Deg. C)
08131107 2 X mouth
mg/r
-Z 5 I(L73 'kkC,:r
Monthly Average Exceeded
None
08-2007 001
EfflUent DO, Oxygen, Dissolved
08113/07 Weekly
mgu
53 1
Daily Minimum Not Reached
None
08-2007 001
Effluent Nitrogen. Ammonia Total (as
081,31/07 2 X month
mg/1
2 2,95
Monthly Average xceeded
E
None
N)
Y
C:) , CV:.� zn
—
"Ll
PERMIT. NCO046728
FACILITY: Town of Mooresville - Rocky River WWTP
COUNTY- Iredell
REGION: Mooresville
Limit Violator
MONITORING OUTFALL I
REPORT Ppi
08-2007 001
ICATION PARAMETER
Effluent Chlorine, Total ReSidLo
FACtUTY1. A
Limit Violation
IONITORING OUTFAL L 1
REPORT FRI LOCATION
PARAMETER
08-2007 001 Effluent
Coliform, Fecal ME, M-FC
Biroth,44,5C
08 a2007 001 Effluent
Colfform, Fecal ME, M-FC
Broth,44,5C
I'A C�;-P
VIOLATION
DATE FREQUENCY
08/03107 Clarly --weekdays
VIOLATION
DATE FREQUENCY
08/07/07 5 X week
UNIT OF CALCULATED'
MEASURE LIMIT VALUE VIOLATION
ug/I 18 18,000 Gaily Maximum
VIOLATION ACTION
ed None
NTY: Mecklenburg REGIOA,; Mooresvillo
CALCULATED
LIMIT VALUE VIOLATION TYPE VIOLATION
1,000 6,000 DaRy Mammurn Exceeded None *
5 X we K. #1100mi 1,000 1,700
Dairy Maximum Exceeded
None