NC0074799_Regional Office Historical File Pre 2018 (7)

o ' : i
6M�Wn ofWAter Quality
TO: Sledge
THROUGH:b Krebs
FROM: John N x. /,
SUBJECT: q for Remission
PinesPark
NPDES Permit
Case o
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w � !� •� m r m m i• i
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NORTH CAROLINA DIVISION OF WATER QLALITY
Violator: DavidMcCa ilowner
Facility: Pines MHP
County: Gaston
Case Number: LV-2009-0032 ltt Q-71 LV-20ML-00,65 .LM-2008-0005
Permit Number: NCO074799
.ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public hcaltb, or to private
property resultingfrom the violation;
No harm has been documented, however, ammonia nitrogen limit violations would
indicate, Pot entinal toxic impacts to aquatic life and lower dissolved oxygen levels in the receiving
'
stream. BOD limit violations would be likely to use lower dissolved oxygen concentrations in
the receiving stremn. Fecal coliform limit violations my pose a threat to human health. The best
usage of the stream would he predicted to be damaged by the violations.
2) The duration and gravity of the`violation;
The BOD and ammonia nitrogen violations occurred consistently from July through October
200T
3) Thee ect on ground or surface water quantity or quality or on air quality;
No effect on ground water or air quality are expected. Surface waters were likely impacted by the
ammonia nitrogen, BOD, and fecal coliform noncompliance.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
No money appears to have been saved by the noncompliance.
6) Whether the violation was committed willfully 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 programs over which the
Environmental Management Commission has regulatory authority; and
In addition to LV-2008-0032, LV-2008-0047, LV-2008-0065, and LM-2008-0005
Case Number Resc
LLB- 2007-0491 Violations occurred 3107 BOD and Arnmonia Nitro ter losed 1118/08
TV--�008-0097 Violation-occuffed 11/07 Ammonq_N#!q9tn _q�!�o n.
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office was $83.89,

a
Michael F Fasley, Governor
Wi Iliarn Cx, Ross Jr.„ Secretary
North Carolina Department of Environment and Natural Resources
R E D
ran n it
Mace 3, 2008 „ r
David L. McCall
Pines Mobile Home Park DWQ.Sulf(3cp, Water Protection
21019 Lakeview Cir.
Cornelius, NC 28031
Subject: Remission Request of Civil Penalty Assessment
Panes Mobile Home Park WWTP
DES Permit NC0074799
Case Numbers LV-2 - 2, LV-2008- , " -2 -LM-2008-0005
aston County
Dear Mr. McCall:;
This letter is to acknowledge your request for remission of the civil penalties levied against the subject
facility. Your request will be scheduled for review by the Director and you will be notified of the result.
If you have any questions about this matter, please contact me at (1 73- 083, extension. 547.
Sincerely,
Bob Sledge, Environmental Specialist
Point Source Branch
cc; Mooresville Regional Office vvlattachment
Enforcement File w/originals
Central Files w/altachrnents
Oft
taarlin
North Carolina Di'vis on of water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Custom, r Service
Internet: waysv ucwate: uahL rra Lccations 512 N, Salisbury St. Raleigh♦ NCB 27604 Fax )919) 733r2 to 1-877-623-67 8
An Equal OpportunityfAftm lie Action Employer — 01% 8ecydedl1 Pot Consurner Paper

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
PINES MOBILE HOME PARK
PERMIT NO. NC0074799
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
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 Water Quality elated danuary 24,, 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
ADDRESS
w 5-
, 2008
TELEPHONE

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
PINES MOBILE HOME PARK
PERMIT NO. NC0074799
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2008-0047
Having been assessed civil penalties totaling $681.20 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated January 30, 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 2- day of
ADDRESS
d
TELEPHONE

STATE OF NORTH CAROLINA DEPARTMENT IEI T OF ENVIRONMENT
AND NATURESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
PINES MOBILE HOME P
PERMIT N . NC0074799
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION F FACTS
FILE N V-2008-00 5
Having been assessed civil penalties totaling $1,081.20 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 7, 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
a
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
PINES MOBILE HOME PARK
PERMIT NO. NC0C 74799
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LM-2008-0005
Having been assessed civil penalties totali g $1177.64 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 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 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
ek
ADDRESS
)4- A `t
)-iJ4
, 2008
'TELEPHONE

February 27, 2008
FEB 2 9 2008
North Carolina DENR
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699
McCall Properties, Inc.
21019 Lakeview Circle
Cornelius, NC 28031
ac3:2.
— 60 411
o (A -co (05-
05—
Re: Remission of Fines for Months July, August, September, and October 2007 which
were only received in the last 30 days. F65 pt e 5 fr r2,, le E-t&rn, t:Lic
wir tk-l' 104-i co44-"-.1Y or5 FQ rk, 1-- cv C, cnt, Gig
Dear Sir:
After reviewing this situation, and taking a very long view of it, here is the picture.
First of all, we hire an ORC to operate our plant and follow his orders as to what services
to perform. Routinely, we check, remove the scum, rotate the beds, and remove
vegetation each week.
The fundamental problem is that the operating limits imposed on the plant build nearly 50
years ago are almost impossible to meet.
The premise for setting these standards is that the stream our plant discharges into is a no -
flow stream i.e., (as explained to me) and every ten years it will go dry.
We now know that is absolutely untrue.
I bought the park in April 1996. Hydralogics, the operator at that time, advised me that
the plant could be operated acceptably.
Hydralogics went out of the business about a year later and I hired Mr. Bill Hodge as
ORC. Mr. Hodge advised that the operating limits were very difficult to meet, but that he
would do his best. He operated the plant with very few problems over the next five
years, but stated that the operating limits needed to be raised.
In 2001, we applied to the State to have the operating limits raised, and the State
declined, stating that the computer models from the USGS maps showed that the Pines
discharge stream would go dry once every 10 years. We have now been operating the
plant for almost 12 years and it has never gone dry; even though we have experienced the
2 worst draughts in recorded history.

Attached are JP* sworn affidavits from people who have lived on the creek, work in the
park, or who were ORC's during this period and who state this stream has never gone
dry. In particular, Sherry Painter, the current manager, has lived or been in contact with
the park for over 40 years.
In light of this information, my operating standards are illegal, based on false premise,
and I am pursuing an immediate remedy of this unjust and unfair standard imposed upon
me.
Our current operating problems were caused by Mr. David Abernethey, ORC for the
period of June 2006, through June 2007, when he simply disappeared.
We now learn that the state took Mr. Abernathy's license in January 2007, but did not
advise any of the sewer plant owners that he was servicing. We learned of this in June
when no reports were filed and Mr. Abernathy disappeared leaving the plant in poor
condition.
We immediately hired Mr. Ken Deaver with over 40 years experience as an ORC to help
us run this plant. Despite his years of experience, Mr. Deaver was not familiar with the
fine points and idiosyncrasies of a plant of this age and design.
Since last June, we have implemented the following changes to improve the operation of
the plant:
1. June 2007, pumped the tank and reamed the dosing line
2. Increased the size of our aeration pump twice
3. Started injecting bicarbonate of soda
4. Started injecting bacteria
5. Pumped tank and reamed the dosing line in December 2007
6. Implemented a procedure to be sure that temperatures are recorded daily
7. Used a transit to level lines and beds and discovered we needed a few inches of
sand which has been ordered.
8. January 2008, discovered that dosing line was not completely open despite
having been reamed in June and December 2007
9. January 2008, dosing lines were reamed by Roto-Rooter. Dosing time reduced
from 22 minutes to 8 minutes yielding much better bed coverage.
We are consulting Bill Hodge, several other similar plant operators, and have requested
help from the state to help us find -tune this plant to operate at its best.
For these reasons we ask remission of our fines.
Sincerely.
Dave McCall

February 25,
Bryon Burchell
2421 Sparrow Springs Rd.
gs Mountain,
(t 1:-.
NC Certificate #15491
Dave McCall
Pines Mobile Home Park
Gastonia, NC
l Byron Burchell, have been the operator of Pines MHP Waste Water Trea ent
Plant for tent (10) years. During that time 1 never observed the water level o the
creek to slow down or to have dried up. This is not a zero flow creek.
In my professional opinion the 1 -year study is "correct. TSS, BOD and Ammamia
set limits are to low v in comparison. to the other area Waste Water Treatment Plants.
(Ex: Berkley Oaks MHP 36,14 igallons per day and Ridge Community 1 ,
gallons Per day). I . the receiving streams that the plants d p into have dried up
and their flow permit 1 i 'its are higher. Also, neither` 'Berldey Oaks or o
Conummity take upstream r downstream fecal samples but Pine \H P TP is
required to take such samples.
Fo:
art you may
sincerely,
Byron 13 ch
tt
xte at i
e nr
s
above.

t have lived at Pines obile Home Park for a
arid left for a " iat !y 10 y
downe to `sit my fitth
never r i played
I was tau t later in life how to check om se
s e systern was le o glike
02122/2008
otal of Q ysed
hen got but
es week and:
e c...k when growing up
r system each day to make
it should me.
You,

To No Carolina Dept. o Envito en l
er owned pinesmobile home when 1 w n 19701
played d ye i' d a i e. WO r c en
was .1 years old and have been a maintenance alter since 1 w ., when
. McCall bought ► ile home park .1 work and clean sewer
system every week and see this seek . , " y have never . - a this creek go

Feb 2 08 04:42p CE ENVIRONMENT INC
7
p2
has been operating the wastewater treatment p tat
since July 2, 2007, incorporating the "od of extreme
advise you that at no e clueing our a of association with
g ° g
lu
RO
NC 281 9
y ars ex 'enee the water
ter ind i arng in °paranoias,
ting a: maintenance of
657-4664
Re: PinesMobile Home Park
19PD s # 0074'799
Date; Febmary 25, 2008
To Whom It May Cone
RACE Errvironrnr
above referenced kc,catio�r
drought. We would like
this
ve we noticed the receiving s
Thank you for your considerationi this
Respectfully,
Vet
President

02/27/2008
McCall Properties, Inc.
To: NCDENR
To Whom It May Concern,
I have owned Pines Mobile Home Park since April 996
and have visited the park a minimum of once a week since
that date. The two worst droughts recorded in history
occurred during this period 2002 and 2007.
The stream that Pines sewer plant discharges into never
went dry.
Thank You
David McCall

filiehael lr. haslev, Governor
1 illiant G. Ross Jr:, Secretary
North Carolina Departnttent of Environment and Natural Resources
Colcen Sullins. Director
Division of Water Quality
February 13, 2008
CERTIFIED MAID 7007 1490 0004 4505 6240
RETURN RECEIPT REQUESTED
Mr. David McCall
Pines Mobile Home Park
21019 Lakeview Circle
Cornelius, North Carolina 28031
SUBJECT:
Dear Mr McCall.:
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
1.43-21.5.1(a)(6) and NPDES Permit No. NC0074799
Pines MHP WWTP
Gaston County
Case No. LM-2008- 005
This letter transmits a Notice of Violation and assessment of civil penalty in the amount.
of $1177.64 ($1093.75 civil penalty + $83.89 enforcement costs) against Pines Mobile Home
Park.
This assessment is based upon the following facts: A review has been conducted of the
self -monitoring data reported for October 2007. This review has shown the subject facility to be
in violation of the discharge limitations found in NPDES Permit No. NC0074799. The
violations are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Pines Mobile Home Park.
violated the terms, conditions, or requirements of NPDES Permit No. NC0074799 and North
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 accordance with the maximums established by G.S. 143-
21.5.6A(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 of Environment and. Natural Resources and the
Director of the Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against. Pines Mobile Home Park:
N, C, Division of Water Qual
)fflce, 610 E. Center Ave. Suite 301, oo NC 28115 (7Ckf) 663-1699 Customer Service
1-877-623-6748

468.75
312.50
312.50
For 15 of the fifteen (15) violations of G.S.
143-215.1(a)(6) and NPDES Permit No.
NC0074799, by failing to monitor in violation of
the permitmonitoring requirements for temperature.
For 1 of the one (1) violation, of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0074799, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for 13GD.
For I of the one (1) violation of G.S. 143-
21.5.1(a)(6) and NPDES Permit No. NC0074799, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for ammonia nitrogen.
$� 1093.75 TOTAL CIVIL PENALTY
$ 83.89 Enforcement costs.
$ 1177.64 TOTAL AMOUNT IIUE
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 C.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the 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 afthis notice, you must do one ofthe following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver forma). 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 Compiiance/Enfarcement Unit
Division of Water Quality
1617Maii Service Center
Raleigh, North Carolina 27699-1617
OR.
Submit a written request for re
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,
and submit it to the Division of Water Quality at the address listed below. in
determining whether a remission request will be approve& the following factors
shall be considered:
ion including a detailed justrfcation for
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-
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;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous
violations; or
(5) whether payment of the civil penalty will prevent payment. for the
remaining necessary remedial actions.

Please note that all 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
File a petition for an administrative hearing with the Office of
Administrative Hearings:
If you wish to contest any statement in the attached assessment document you
must file a petition for an administrative hearing. You may obtain the petition
form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the
hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original.
and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed — provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)
'business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Adrninistrati.ve Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

Telephone: [phone] Facsimile: [phone]
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 ofthe 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 continuin notate not related to
operation and/or maintenance tiroblem
you may wish to consider a
about this civil penalty assessment o
ualit Section staff of the Mooresville Regional Office at 704/663-1699-
(Data Robert 13. 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

Otfall
Date
001 1 /1- / 7
001 }/ -1 /17
001 1 /1 - 0/07'
01 1 1-27 0
001 10/2007
001 10/2007
Denotes civil
ATTACHMENT A
LASE NO. LM-2008-0005
Para te
Temperature
Temperature
Temperature
Temperature
onla
Nitrogen
n
srnnt
Re orted' Value
*Failure to Monitor
on 4 occasions
Failure to Monitor
on 4 occasions
Failure to Monitor
on 3 occasions
Failure to Monitor
on 4 occasions
• ►.5
* 2.6 mg/
per i Lt' it
Monitor 5X r week
Moni▪ tor 5X per wal
Monitor 5X r w
Monitor 5X per week
5, (monthly average
April 1 ugh October 31)
2.0 mg/1l (monthly average
April 1 through h October 311

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
PINES MOBILE HOME PARK
PERMIT NO. NC0074799
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LM-2008-0005
Having been assessed civil penalties totaling $ 1177.64 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated February 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 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 within30 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: LM-2008-0005
Assessed Party: Pines Mobile Home Park
County: Gaston
Permit Number: NC0074799
Amount Assessed: $1177.64
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of -Right to an Administrative Hearing. and Siipulation o 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
reniission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document
Pursuant to N.C,G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated, continuing environmental damage resulting from the
violation (i.e„ explain the steps that you took to correct the violation and prevent fisure
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain whythe violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civi naltiesforany previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent youfrom petforming the
activities necessary to achieve compliance).
EXPLANAT ONI (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator; Pines Mobile Home Park
Facility: Pines MHP WWTP
County: Gaston
Case Number LM-2008-0005
Permit Number: NC0074799
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 viol tion;
No harm has been documented; however, ammonia nitrogen discharged in excess of permit limits
would be predicted to be toxic to aquatic life and exert an oxygen demand on surface waters.
BOD in excess of permit limits would also lower the dissolved oxygen levels in the receiving
stream.
2) The duration and gravity of the violation;
The violations occurred during the month of October 2007. The operator did not monitor for
temperature on 15 oecassions during the month.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects are expected on ground water or air quality. Surface waters may have been impacted by
toxicity related to ammonia nitrogen and lowered dissolved oxygen levels due to ammonia
nitrogen and BOi in excess of permit limits.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
Money may have been saved by failing to monitor for temperature as required by the permit
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful nor intentiorial.

I) The prior r rd of the violator in co 11 plying or failing to c triply with programs
over which the Environmental Management Commission has :ulatory authority;
and
LR-2 7 to18
1,1
LV-2007-0491
LV-2 I 1 :-0032
LV-2$ t I
LV2
t
ription
Rem • $1100 to 9100,
3.39 paid 1/17/08 case
$33389 am ia • see case 0
81.20 arri • 40'D it's
•
$1081.20 -„ iantrqn ;Dv
8) The cost to the State of the enforcement p dures,
The cost to the Mooresville
4
e* al Office was $83.89.
-/ ti
RC) Sopa or
Division of Water Quahty

MONITORING REPORT(MR) VIOLATIONS for;
Permit %
Facility' Name: %
Major Minor: %
PERMIT: N
MRs Between: 10-2007 and 10-2007 Region: Mooresville
Param Name: % County: %
FACILITY: Ridgy Cor11munity
Community- tIVkNTP
MONITORING OUTFACE / LOCATIt N PARAFT
REPORT PPI
10 _2007 001 Effluent BCD, 5-Day (20 Deg, C)
10 __2007 001 Effluent BOO. 5-Day (20 Deg, C)
10 _2007 001 Effluent BOO, 5-Day (20 Deg, C)
10 _2007 001 Effluent Nitrogen, Ammonia Total (as
N)
10 _2007 001 Effluent Nitrogen, Ammonia Total (as
N)
10 _2007 001 Effluent Nitrogen, Ammonia Total (as
N)
TY1?1 i.1 .
PERMIT: NC0074;'7o
,A.ssoeiati
Violation Category: Limit Violati
ubbasin: %
COUNTY: Ga.,t-,n
VI }t 4TtON FRE,ti 41ENCY UNIT OF i IMIT ALCULATEO
()ATE MEASURE VALUE
mg/I 7,5
10/02/07 2 X month
10/16107 2 X month
10/31/07 2 X month
10/02/07 2 X month
mg/1 7.5
mg/I 5
mg/I 10
7 2 X month mg/I 10
10/31/07 2 X month
mg,+l 2
FACILITY: Pines Mobile Home Park - Pines Mobile Home Park
MONITORING OUTFALL LOCATION PARAMETER .. Y
VIOLATION FF1EC,lUENC)Y
REPORT PPI
10 .2007 001 Effluent BOO, 5-Day (20 Deg. C)
10 _2007 001
DATE
10/31/07 2 X month
Effluent Nitrogen, Ammonia Total (as 10/31/07 2 X month
UNIT OF
MEASURE
mg/I
mg/I
12
Report Date: 02108/0a Page: 9 of 14
Program Category: %
Violation Action: %
REGION: IMooresvrile
Daily Maximum Exceeded None
14 " ` `I` Daily Maximum Exceeded None
13. i EV f Monthly Average Exceeded None 2,,_V;
cT
25Daily Maximum Exceeded None % I} b
21
23
COUNTY; Gaston
MIT CALCULATED
2
VALUE
6.5
2,6
Daily Maximum Exceeded None !><,?
tonally Average Exceeded None
REGION: Mooresv :a
LAT1ONTYPE VIOLATION ACTION
nthly Average Exceeded None
ar ,,
)nthly Average Exceeded None -I

A
JA N 1
2008
NPDES PERMIT NO, NC 0074799 DISCHARGE NO, WI MONTH OCTOBER YEAR 2007
FACILITY NAME PINES MHP CLASS I COUNTY GASTON
CERTIFIED LABORATORY (I ) ENVIRONMENTAL TESTING SOLUTIONS CERTIFICATION NO, 600
(list additional laboratoris on the backsidelpage 2 of this
OPERATOR IN RESPONSIBLE CHARGE (OR() KEN DyNER GRADE II CERTIFICATIONNO, 27295
PERSON; S ) COLLECTING SAN [PIES KEN DEA VE R, ORC PHONE [phone]S0
CHECK 80X IF ORC HAS CILANGED 1 1 NO FLOW! DISCHARGE FROM SITE " =
Mail ORIGINAL and ONE COPY to:
arri44, CENTRAL FILES
DIVISION OE WATER QUALM'
Mil? MAIL SERVICE ccriTER
RALEIGH, NC 27699,4617
ATOM
•
.A.VELGE
MINIMUM
NJL 6.0/9„0
25
.AT :OF OPERAT P.L.E.TTIARGE)
IiY SIGNATURE, 1 CERTIFY 'MAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE HEST Or MY KNOWLEDGE,
CR
5,5
/.6
,412 w45
DATE
ENTER PARAMETER CODE „,ktiON' „
NAME ANb UNITS. RET0A
.4.41,01' PIO teC
'[)WQ FLDIrfl MRI (1 I/04)