NC0074799_Regional Office Historical File Pre 2018 (10)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
September 22, 2009
CERTIFIED MAIL 7008 1140 0002 2716 7963
RETURN RECEirr REQUESTED
Mr. David McCall
Pines Mobile Home Park
21019 Lakeview Circle
Cornelius, North Carolina 28031
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N,C. General Statute
143 -215 . I (a)(6) and PDES, Permit No. NC0074799
Pines Mobile Home Park WWTP
Gaston Count-v
Case'No. LV-2009-0327
Dear Mr, McCall:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
S28-3 ) :71 (S200,00 civil penalty + S83 ) .71 enforcement costs) against the Pines Mobile Home Park-.
'This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for June 2009, This review has shwvir the subject facility to be in violation
of the discharge limitations found in, NPDES Permit No. NCO074799, The violations are summarized
in Attachment A to this letter.
used. upon the above facts, I conclude as a matter of law that the Pines Mobile Home Park
violated the terms, conditions, or requirements of NPDES Permit No. NCO074799 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 maxiniums 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 Envircannent 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 isiake the following civil penalty assessment against the Pines
Mobile Home Park:
Mooresville Regionai rf5ca
ocation: 610 East CenlerAve , Suite 301 Nlooresvi%, NC 28115
Phoi,,e: [phone]'t Fax (704,1, 663-6040 Customer Service. 1"877-623-6748
�ntefnet: www nwaterquafty,org
One
NofthCarolina
Allat,116411

S 0.00 For 2 of the rwo (2) violation(s) of G.S. 143-2 1 5. 1 (��)'6) nd
NPDES Permit No, NNC0074-799, by discharging waste, into the
waters of the State in violation of the permit (laity maximurn
effluent limit for 1301).
For --- I -- ofthe one (1) violation of G. S � 143-215-1 (a)(6) and
NPDES Permit No. NCO074799, by discharging waste into the
��,aters of the State in violation of the permit monthly average
effluent limit for BOD:
100 00 For —1 -- of the one (1) violation of G.& 143-215. 1 (a)(6) and
NPDES Penint No,NC0074799 , by discharging waste into the
waters of the State in violation of the permit itionthly average
effluent limit for animonia-nitrogen.
S200.00 TOTAL CIVIL PENALTY
S 81.71
Enforcement costs,
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. 143B-281 I (b). xvhich are -
(I) The degree and extent of harm to the natural resources of the State, to the public health, orto
private property resulting frorn the violations"
(2) The duration and gravity of the violations,
()) The effect on ground or surfticevat er quantity or quality or on air quality,
(4) T fie cost of rectifying the damage;
(5) The arnount of money saved by noncompliance,
(6) Whether the violations were committed willt"ully or intentionally;
(7) The prior record of the -violator in complying or failing to comply with programs over which
the Enviroranental Mananernent Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedLires.
Witlain thirty days of receipt of this MtiCC, YOU inust do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environinent and Natural
Resources (c.10 not include ivaiverforn), Payrnent of the penalty will not foreclose further
enfbrcernent action fur any continuing or new violation(s).
Please submit payment to the attention of-,
Point Source Cornpliance/Enforcernent TJnit
Division of Water Quality

1617 Mail Service Center
Raleigh, Mort h Carolina 27699- L 617
OR
2. Submit a written request for remission including a detailed justification for such request:
Please be aware that a request for rerrussion is limited to consideration ofthe five factors listed
Belo w as they rna� relate to the reasonableness of the e c e
sruount of the p nalty as eased, Requesting
remission is not the proper procedure for contesting whether the violation(s) (,)ccu,,rred or the accuracy
zlz
of any, of the factual statements contained in the civil penalty assessment doctiment. Because a
e,�,_,t forecloses the option of an administrative hcarhigr � such a request must be
remission requ 1-
accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or
efie
lesal issues are in dispute. Pleasa e prepare detailed statement that estaintishes why you belt, ve the
vision of Water Quality at the address listed
civil penalty should be remitted. and submit it to the Di i
below. In determining whether a reraission request will be approved, the following factors shall be
considered-
vviiether one, or more of the civil penalty assessment factors in G,S. 14�13-281 l(b) were
to
wrongfully applled' the detfirrient, of the petitioner
inlitly abated continuing envirown,ental damage resulting frorn
(2) whether the violator pro
the violation;
whether the violation was inadvertent or a result of an accident,
0)
(4) vhether the violator had been assessed civil penalties for any previous violatioils; or
(5) whether payment of the civil penalty will prevent payment for the remainiticl, necessar,,
remedial actions.
Please note that all information presented in support of your request for rerriiSSiOn Must be
of Water Quatitv will review vour evidence and
in writing, The Director of the Division
,
infort'n you of his decision in the matter of your ren-lission request. the response w-illprovide details
regarding case status, directions for payrnent, and pro -vision for farther appeal of the penalty to the
E
ee on Civil Penalty Remissions (COnal-linee)-
nvironmental ianac 'NIventent Coton-Lission7s Com-mitt
t, Please be advised that the Committee cannot consider infonriatiart that was not part of the 6riginat
remission request considered b% the Director, Therefore� it is very important that you prepare a
complete and thorough statement in support of your request for remission.
must complete and submit the enclosed "Waiver of Right to
In order to request remission, volt -k
- fo thirty (30) days of receipt Of this
an Adin inistrative Hearing and Stipulation of Fact,; � - nrru,�vq I �
Water Quality also requests that you complete and submit the enclosed
:tiJustificatio
notice. The Difo-vision of emission RequestBoth forms, should be submitted to the folloNvina address:
n r R
Point Source Conipliance/Enforaeruent Unit
Division of �N-I'ater QualitY
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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 nortnal 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 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: dministrative Hearings is.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone-. (919) 7313-2698 Facsimile- [phone]
A copy of the petition must also be served on DENR as follows:
%Is. 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 petitioll
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/th-ne received startip (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 �too e�rqtion �inung��
2- 3
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Of
Division of Water Qualitv

,TT AI E T
cc: Water Quality Regional Supendsor w/ attachments
ompli. !E a r t File w/ attachments
Central Files w attachments
r afrma

ATTACHMENT A
CASE NO, LV-2009-0327
Outfall
Parameter
Reported Value
Permit Limit
001
BOD
18.0 mg ,!L
7.5 rngll. (Daily maximum)
001
BOD
16.0 mg
7.5 mg.,"L (Daily maximum)
001
BOD
17.0 mg,"L*
5.0 mg,,"L (N—lonthly average)
001
Ammonia -nitrogen
9.0 mg/L*
2.0 rn&IL (Monthly average)
Denotes civil penalty assessment

r
STATE .TE OF NORTH CAROLINA
COUNTY E GAsTON
DEPARTMENT F ENVIRONMENT
AND NATUTRAL RESOURCES
IN THE VI. TTER OF : SSESS. IE T W. I -ER OF RJGHTTOA-NT
OF CIVIL PENALTY AGAINST ADMIi is'l-R:VT VE HEARING AND
PINiE MOBILE I ONME. PARK STIPULATIONOF FACTS
PERMIT NO. NCOO"174799
FILE NO. LV-2009-03 )2
Having been assessed civil penalties totaling S283.71 fir violation(s) as set forth in the
assessment document at the Division of Water lit dated tar , the under i z
desiring to seep remission of the civil penalties, does hereby waive the right to an administrative
strativ.e
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
docurnent. The undersigned further enders acids that all evidence presented in support of remission of
this civil penalty trtust be submitted to the Director of the Division of Water Quality within ), 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.
'rhis the day- of 2009
BY
ADDRESS
1"ELEP O E

JUSTIFICATION FOR RF1N11SS1,0N,,R-E, QUEST
DWQ Case Number: LV-2009-0327
Assessed Party: The Pines Mobile Home Park
Countv: Gaston
Permii Number: NC0074799,
Amount Assessed: S2837 I
Please use this form, when requesting remission of this civil penalty, You must also complete the
:`Reuest For Remission, U`aiver of is t to tat LAz Lininistrative H id StLi,?.�Llarion of" acts'
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 avvare 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 NN�C.S. § 14313-2811(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 p a I tA7 a s s e ss; rn e n t fact o is . i n N . C . G. S. L-3 B -'°92. 1 jLi) �y erg
wrqn, q ull,--,jc ie: o the detriment of the. etitioner actors are listed in the civil
pp d , -L --L— — (the assessment f
penal�y assessment documen),
(b) the violator -p Lomp e v—zhated continni ug, nvironmental damage, rqs tin. froni the
tty
violation li,e- explain the steps thtzt you took to correct the violatiOn andprevent jiaure occurrences),
(c) the violation %-yas inadvertent or a result of an accident (i.e,, explain vvhy the violation
ivastarn avoiclaale or something you could not prevent or preparefior);
(d) the violator had not been assessed civil :nja L ies f
(e) pawn -tent of the civil.penalty wilLpre-veELpayr nt for the rernaining necesisary remedial
,actions g he activities
I-- (i, e., exinlain how pqyment f,:lf the civil penalty will prevent youfi°onz performint
necessary toachieve con phance)"
EXPLANATION'. (use aciditioni.-dpages tzs necessary�

IM
NORTH H CAROLINA DIVISION F WATER OIJALITY
ASSESSMENT FACTORS
Violator: The Pines Mobile Home Parr
Facility: Pines Mobile Horace Park WWTP
County Gaston
Case Number: T.V- 0 - '327
Permit Number: `O07479
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 BOD concentration of 18.0 mg/L and "i . mg/L on June 6th and 1 th respectively exceeded the
daily maximum permit limit of 7.5 mg/L. In addition, the BOD monthly average concentration of 17.
mg/L exceeded the permit limit of 5.0 mg/L. The ammonia -nitrogen monthly average concentration of
9,0 mg/L exceeded the permit limit of 2.0 mg/L,
2 The duration and gravity of the violation;
The BOO daily maximum permit limit was exceeded by 140% and 113.3% on June 6th and `l t
respectively. The BOD monthly average permit limit was exceeded by 40%. The ammonia -nitrogen
monthly average permit limit was exceeded by 350W
The effect on ground or surface water quantity or quality or on air quality,
The effect on the receiving stream is unknown as in -stream monitoring of BOD and ammonia -nitrogen
is not required by the permit. ,Ammonia -nitrogen and BOD are treated as in -stream toxicants by the
Mate of North Carolina, :Ammonia and BOD are oxygen -consuming wastes and therefore increased
concentrations could reduce the amount of oxygen available to aquatic organisms. The dissolved
oxygen at the downstream monitoring location was not significantly lowered (>I .6 mg/L) on any of the
days in -stream monitoring was completed.
4 The cast of rectifying the damage;
The cost is unknown:
The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown.
t Whether the violation was committed willfully or intentionally;
The Division of Water duality has no evidence that the violation was committed' willfully or
intentionally. The permittee is exploring multiple avenues to improve the permit compliance of the
facility, which may require engineered solutions The permittee will notify L3WQ if they feel an SOC is
warranted,

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 32 other CPAs against the Pines Mobile Home Park during the life of the permit with
10 CPAs having been issued in the past twelve months as detailed below,
Case Number I De notion
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville regional Office was $83,64.
ILI—
Date RO Supervisor
Division of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
Report Date: 09110109 Page 11 of 21
Ividjul SY51{/4/1.
PERMIT: NCO074799 FACILITY: Pines Mobile tome Park- Pines Mobile Name Park
COUNTYa to n REGION:
Mooresville
"*
t4
Ltttlrftlatttarn
MONITORING OU FALL 1
REPORT Pot LOCATION
PARAMETER
VIOLATION
RATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE � VIOLATION TYPE
VIOiATIONACTION
06 -2009 001 Effluent
B 01, 6-Lay (20 Cie C)_
06d0I09
2 X month
rnrgll
T5 V,
1E IiAlC> Daily Maxinitarrs Exceeded
None
Concentrations ,
06 M20Gi0 001 Effluent
B C, t, Da 20 Cie C
{ w 9 W
0611st100
2' it month
rr}dl
7.6 V
'Ita � i ^" '' Daily Maxsrnrarrs Exceeded
None .
Concentration
06 -20[19 001 Effluent
BCD, 5-Day (20 Deg, C ) -
00120f00
2 X month
s°r1gf8
17 Monthly Average Exceeded
None
Concentration
06 2t100 001 Effluent
Nitrogen, Ammonia Total Bay
061 OJOtI
2 X rnontri
eragJi
21y
0 ' Monthly Average Exceeded
None 141s ..�
4AA?
Concentration
PERMIT. NCO086142 FACILITY- Heater Utilities Inc - Oakley Park VWTP
COUNTY: Gaston REGION:
Mooresville
l_Irrllt Violation
MONITORING OUTrALLI
REPORT PPI LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE VIOLATION TYPE
VIO tkTIONACTION
06.2U00 001 Effluent
Solids, Total Suspended -
06/08109
2 X month
rngA
45
140 Pk(,11,Ciaiiy Maximum Exceeded
None
Concentration
'
U 6 -2009 001 fffirient
Solids, Total Suspended -
06130109
2 month
rng/I
:30�
70 I ' Monthly Average Exceeded
Morse
Con ce ntrati can
r_