NC0074799_Regional Office Historical File Pre 2018 (8)

F
Beveriv Eaves Perdue
GoN ernor
ky-11A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H Sullins
Direck"Ir
Dee Freeman
Secretary
April 14, 2009
CERTIFIED MAIL 7007 1,490 0004 4510 1,339
RETURN RECEIE11jEaLE< iM
\4r, David McCall
Pines Mobi'le Home Park
' ;. 101 Lakeview Circle
Cornelius', North Carolina 28031
SU1 BJEC'F: Notice of Violation and Assessment ofCivil
Penalty for Violations of N.C. General Statute
143-215. 1 (a)(6) and NPDES Permit No. NCO074799
Pines \NfffP WWTP
Gaston County
C ase No. L V-2) 009 - 0 1 ' 2 0
Dear Mr. McCall:
This letter transmits a Notice of Violation and assessinent of civil penalty in the arnount of' S285.30
($200.00 civil penalty -� $85.30 enfiorceirient costs) against Pines Mobile Home Park (]'lines iktHP),
This assessment is based upon the following facts, A review has been conducted of the self -monitoring
data reported for Decen-ibar 2008. This review has shown the subJect facility to be in violation of the discharge
limitations found in PDES Permit No. NCO074799. The violations are sure triarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of law that Pines -%,IlIP violated the tern -is, conditions.,
or requirements of NPDES Pern-fit No. NCO074799 and North Carolina General Statute (G,S.) 143-215. l(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. 143-215.6A(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 of Environment and Natural Resources and the Director of the
Division 0Water Quality, 1, Robert B. Krebs, Surfiace Water protection Regional Supervisor for the
Mooresville Region, hereby make thefollowing civil penalty assessment against Pines MIIP:
MaoresviHe Reg�onal Office
Locatiow 610 East Center Ave,, Sufte 301 Mcoresvilfe, NC 28115
Phone: [phone], Fax1,704) 663-6040 1, Customer Service1-8777-62:6748
Intemet www.ncvviterrj��ahty,org
one
N6rthCarolirui
AIIIIPIU71�11
Ar Eq,,ual Opportumly, A ffir.rabve A CU on Errr - `50,/ORe,ieollo% Post kCon-sumer paper

S- 100.00
$— lK00
$ 200.00
S— 85,30
For 1 of the one (1) violation of G.S, 143-
215.1(a)(6) and NPPE S Permit No. NCO074799, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for BOD
For I of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES permit No.NCO074799, by
discharging, waste into the waters of the State in
violation of the permit monthly average effluent
firnit for immorna nitrogen.
J'OTAL CIVIL PENALTY
Enforcement costs,
$— 285.30 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(c), in determining penalty the amount of the I have taken
Z� penalty
'I
account the Findings of Fact and Conclusions of l,aw Emil the factors set forth at G.& 143B-
2811 (b), ,shich are:
(1 The degree and extent of harm to the natural resources of the State, to tile public
health, or to private property resulting from the violations;
The duration and gravity, of violations',
(3) The effect on ground or surface water quantity or quality or on air quality,
(4) The cost of rectifying the darriage;
(5) The amount of nioney 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 v,1rich the EnvirOurnental Managerrient Cominission 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:
Pavment should be made directiv to the order of the Department of Environment
and Natural Resources (clo not inchaie i+,aiver'fi)r"V, Payment of the penalty will
not foreclose further enforcement action for anv contintrun, or new violation(s),
Please submit payment to the attention of'.

Point Source to otiipli�inc Etitt)rce,iii tit Unit
Division ofWLater Quality
1617 Nla it Service Center
lZaalci h, North Caarcmlina 276 -l6l7
OR
2. Submit a written request for remission including at detailed justification for
such request:
Please be aware that a request fear remission is limited to consideration c:afAthe five
factors listed below as they may relate to the reaasonaafaletl ss of the arrio Iat of tlae
penalty assessed, Requesting remission is not the proper procedure for contesting,
wh deer the vicalaaticalma(s) Occurred or the accuracy of any of the factual statements
contained in the civil penalty ass s trot docurnent. Because a rernission request
forecloses the option of an administrative hearing, such as request triaust be
accompanied lad.. a waiver of your right to an administrative hearing and as
stipulation that no factual or legal issues are in d1spute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted,
and submit it to the Division raf Water Quality at the address listed below, la1
determining whether at remission request ill be approved, the follo ing factors
shall be considered-.
cd
l l whether one of more of the civil penalty assessment factors in G.S. I4311v
2. l (b) were wrongfully applied to the detriment of the petitioner
(2) whether the violator promptly abated continuing ctaviront-acaataal damage
resulting from the violation;
f 3 k whether the violation was inadvertent or as result of an accident;
(4) vvlactlaer the violator had been assessed civil penalties for any previous
violations; or
f5) whether payment of the civil penalty will prevent payment for tia
remaining necessary remedial actions.
Please note that all itafortuaaticama presented ill suPfaOrt Of V()ur request for remission
must be submitted in writing. The Director of the Division of` Nk'aatcr Quality will
review your evidence and imafcarni ),,on of his decision in the matter of your
r
remission request, `Fhe response will provide details re aarding, case statilst
directions for paNmeLnt' and provision for further appeal oft e penalty to tla
Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee), mittee), Please be a dviscd thtat the Committee cannot consider
information that vvaas not part of the original remission request considered by the
irr:ctor,Therefore, it is very important that you prepare as complete and thorough
statement in support of your regUe t for remission.

In order to request remission, you must complete and 4srr rtaif the enclosed
"Waiver of Right to an Administrative Hearing and Stipulation on of F'ac:ts"'fora
within thirty (30,) 1 rlav s of receipt of this notice. The Division crt` NVater Qualiq
also requests that you complete and sttbnait the enclosed "Justification fort
Remission I equest."= Both f"carers should be submitted to the following address:
Point Source Com lip nce,`I nforcement Unit
Division n of Water Quality
1617 Nlrail Service ('enter
l alei h "` orth Carolina 27699- l I
OR
File a petition for an administrative hearing with the Office ice of
Administrative Hearings:
If you wish to contest any statement in the attached assessment document f•irrt
must file a petition for in administrative haring. YOU may obtain the petition
fort l"rorn the Office of Administrative Hearings. You must file the petition with
the Office of Administrative I le arings, within thirty (30 days of receipt of this
notice. A petition is considered filed when it is received in the Office of
Administrative Flearitigs during normal office hou s. The Office e of
Administrative ilcarin s accepts filings Monday through Friday between the
hours ofl:00 a.m. and 5.00 la.na., except for official state holidays. ` he original
and one (1) copy of the petition must be tiled with the Office of datinistrative
Ifearwings. The petition may be faxedprovided the original and one copy of the
document is received in the Office of Administrative flear°ings within five (5)
business days following the fared transmission. `rhe mailing address for tiae
Office ofAdministrative Hearings i
Office of Administrative Fearing
671=1 Mail Service Center
Raleigh, North Carolina 27699-671
Telephone,-. [phone] Facsimile (1 73 3-3 7
A copy of the petition must also be served can Ii EN lZ as firficr7vvs
M,,, Mar-y Penny Thompson, Gienerral Counsel
Department rtment of I°nvir onrraent and Natural Resources
1601 Mail Serv°ice. Center
Raleigh, North Carolina 27699-1601
Please indicate the case nrdraIber (,as found on page one of this letter) on the
petition.

Fail re to exercise one of the options above within thirty (30) days of'reccipt of this letter,
as evidenced by an internal crate: 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 coiggling-qtgi ated
—112—trelto
—1—
ppgatLon, and,'or r�i aintertarrce tarn lr txts and you anticAiLate rgriedL,,tl cotigruction acts hies, then
ygu may wish to consjdcLrqj?plviijg,L6r q S dLerbvConsent, you 1111%lti!�I0111, - _— L ---_lj� �L-� s-
abOUt this civ, isses,,irnent cial Order by
inc) this Coijsentj)teas contact the Water
Q.ualiv,, Section staff ofthe Nlooresville RLqnal ce t4663-199.
(Date) —koi)eWB. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHNIENTS
cc: Water Quality- Regional Supervisor w/ attachments
Compliance/Enforceriient File vv/ attachments
Central Files w/ attar rents
ji

* Denotes civil penalty assessment

AND NATURAL RESOURCES
COUNTY OF GASTON
IN THE MATTER OF ASSESSiMENT OF RlGf ITTO AN,
OF CIVIL E-INA MT r AGAINST a D II: 11 I I E IIE'ARI G AN
PINES MOBILE FIONME PARK s,ripul-ATION OF FACTS
PEWI IT NO. NC0074799
l
IaILI= OI,V-21009-012
Having been assessed civil penalties totaling, 18�:'. f.) f�,r vi l n��n s as sit forth in the
assessment document of the Division ref Water Quality ate ri ll . , 2tltlll, the undersigned.
��ecl,
desiring to s l ,ntissinra of the civil penalties, does hereby waive theright to an administrative
hearing in the abo-vt -stated matter and , does stipulate that the fats are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penaltymust be submitted to the Director of the. Division
of
Water Quality Nit in 30 daysofrecei t of the notice a f,,iss ssment. No new evidence in support
of a re ar-ission request ,Nill be allowed after 30 dads from the receipt of the notice of assessment.
This the day of 2009
BY
ADDR *

JUISTIFICATION,
DWQ Case Number: LV-2009-0120
Assessed Party: Pines,,.NIobile Home Park
Count, y: Gaston
Permit Number: NCO074799
Ainount Assessed : S285.30
Please use this
form when requesting remission of this civil penalty. YOU niust also complete the
"n Ia., ot'�
arn"
o 'R
form to request remission of this civil pen, Ity- Yc Id attach, an ta i e
support your request and are necessary, for the, Director to consider in evaluating your request for
-emission. Please be aware that as request fear remission, is limited to considerationof the five factors
listed below as they may relate to the reasonableness Of tile, anIOLInt 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 state rents contained it, the civil penalty assessnient docurnent.
Pursuant to N.C.G. S 14313-2811 (c), remission of a civil penalty inay 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 as detailed explanation, including copies of supporting docuirients, as to why the
factor applies (attach additional pages as needed),
— (a) one armor ofthe c'b"
'Wron"Lu—IIN a a rlicci to the d triLnentp f ttje )etit' --r (the assessment
jonL
penalty assessment (,Iocinnent): fiactor tire lisled in the civil
(b) the violator prEgLrri --- ing -
-.ptiv abated continth -�ii�,iroiiiijetitaLdtill]aILTe reinitillg frj-)a-Ltj-le
Yi—olation (i,e,, �,-v)lain the steps that you look to correcl the violation and prevent juture
occurrences);
(c) the violation wus inadvertent oraresultofanac6dent(i.e., cxxplain ivh theviolation
I'VOS, Unavoitlable or somethitkrZyou coulti not prevent orjar er?arejb),,),,
r i 'k i Iataw at err -
(d) the violator had not been assessed
(e) rayrnent. )f the c -venl
_L_ V—re— --ELyrnnt fo, the renaairaiU-29�c saraw
EcL11--lediaUdions (i.e., explain how pt�yme�,jt ofthe civilpenalty, ivillprevent yoi�fi-oinpeijbrniiirg the
activities necessaijaco
, to chieve mpliance),
EXPL,,,kN.ATj0,N-. (use acUitional pez,�Zes as necessai-,a.,,)

IN 0 R T f I C A R 0 1, 1 N .-v D �INJ S, I �()N 0 �F N -N - �Nl E R�UA I =1 F Y
Violator: PITICS Mobile Home Park
Facility:
County: Gaston
Case Number: LV-2009-0120
Permit,N umber: NC'0074799
ASSESSMENT �FACTORS
_L
1) The degree and extent of harm to tire natural resources of the State, to the public
health, or to private proper", resulting from the violation;
BOD and arnmonia nitrogen in excess of pennit firruts would likely cause adverse
in-tpacts on aquatic life, in the receiving strearn, by lowering, dissolved oxygen levels.
Ammonia as nitrogen is also toxic to aquatic life and contributes to nutrient enrichment,
of surface waters.
2) The duration and gravity of the violation;
'rhe facility has historically violated BOD anti arnmonia nitrooen permit Ihnits (see No.7
belw,).
3) The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water or air quality are expected, Surtace eaters would likely be
adversely impacted by lowered dissolved oxygen levels, nutrient eurichment, and toxic
impacts on, aquatic life.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
A monetary, value is ui-,iltag wn, one;, could havc been saved by failing toadequately
operate, and maintam
in the WWTP, Including perforing upgracles on the facilitY to
enhance treatment,
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful nor intentional.

l The prior record of the violator in complying or failing to comply with rog
over which the Environmental Management Commission has re ulatory authority;
an
FC e, Number l eserl tear
LR-2007-0018 tee e closed.
late reporting in trrtaar+� r-r A rif2007, assessed 110 . 0 reduced .
LV-2C Lt7-64 _permit LJTit violations in 3107., ce �.
assessed $6S13.3paid, case -closed.
�
LV-2007-01491 rrn�t limit violations In 3# 37assessed 663.3 �d ease closed.
__ .
LV•-2C-Q6-3632 J-rmit limit violations in 710 assessed 3 3.& , ease ca to
LV-2008-0047 ermit limit violati ns in 6167 assessed $681.20, ease e n
1A11 26t�-Li6i16 permit l�i~nrt ra�n�tr��6�ie9fisns� 16t31.2t7, easy npn.�.��.� 0
M-20: _. 000 1177.644, ease n
1 YI_ i1 43 rii Ck * r Twit array ats"r tir rac in 11107 1RI 0 nniri AiimnR r ip ringp'i
`["lie cast to the State of the enforcement procedures.
Staff preparation of enforcenien package- ] Hour $32,21
P Regional Supervisor review: 1 Hour .0
ClericalSupport: $15,00
I'ottal: 530
a..
s � z
r.
fiat+c RO Supervisor
Division of Water Quality

It REPORT(MR) VIOLATIONS for: Report Date: 03/31109 Page: 11 of 22
PERMIT: NCO074799
FACILITY: Pines Mobile Home Park - Pines Mobile Home Park
COUNTYGaston
REGION: Mooresville
Limit Violation
L
IZC
MONITORING OUTFALLI
VIOLATION
UNIT OF
CALCULATED
REPORT PPI LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
VIOLATION TYPE
VIOLATION ACTION
12-2008 001
Effluent
BOD, 5-Day (20 Deg. C)
12104/08 2 X month
MgA
15
28
Daily Maximum Exceeded
None J7
0
12-2008 001
Effluent
80D, 5-Day t20 Deg. C)
12131108 2 X month
MgA
10
1&95
Monthly Average Exceeded
None
12-2008 001
Effluent
Nitrogen, Ammonia Total (as
12/31/08 2 X month
Ingn
4
9.55
Monthly Average Exceeded
None
3,1
PERMIT: NCO028606
FACILITY: NCDOT - 1-77 Rest Area Iredell County
COUNTY: fredell
REGION. Mooresville
Limit Violation
MONfTORlNG OUTEALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
VIOLATION TYPE
VIOLATION ACTION
12-2008 001
Effluent
CoMorm, Fecal IMF, M-FL
12123/08 Weekly
#/100ml
400
620
Daily Maximum Exceeded
None
Broth,44,5C
PERMIT: NCO037371
FACILITY: fredell-Statesville Schools - North Iredell High School
COUNTY: Iredell
REGION: Mooresville
Limit Violation
MONITORING OUTFALL
VIOLA`UON
UNIT OF
CALCULATED
REPORT PPI LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
VIOLATION TYPE
V*LAT$C)N ACTION
12-2008 001
Effluent
Chlorine, Total Residual
12102108 2 X week
Ug/I
28
48
Daily Maximum Exceeded
None
12-2008 001
Effluent
Chlorine, Total Residual
12104108 2 X week
ugA
28
32
Daily Maximum Exceeded
None
12-2008 001
Effluent
Chlorilie, Total Residual
12/09/08 2 X week
Ug/I
28
40
Daily Maximum Exceeded
None
12-2008 001
Efflueril
Chlorine, Total Residual
12115/08 2 X week
U911
28
31
Daily Maximum Exceeded
None