NC0074799_Regional Office Historical File Pre 2018 (11)

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Division (If kk`ater Quality
Bcverly Faves Peiduc CO[VCH H. SLOHIIS Devc' Frc--man
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("ERIJIFIED MAIL 7009 2250 0004 3265 6520
RE'1'1-"'RN RFC'EIPT REOUESTED
N'Ir, David McCall
Pines Mobile llorne Park
2 10 19 Lakeview Circle:
Cornelius. North Can:)1ina 218031
S'[I 'BJE("1': Notice ot'Violation and Assessment art' Ovil
Penalty 1, "or Violations of N,C. General Statute
1431-215.1(,a)(6) and Npr)Fs Porn-ut No. NCO074799
Pines %1ITIP V"W'I'l,
Gaston County
Case No, LM-21010-0028
This letter transmits a Notice of V4-4ation and assessment o[civil penalty in the amount of $422.87
(S-137,50 civil penalty 4. $85.37 ent'orcement costs) against Pines kJobde Home Park (Pines \1111P),
This assessment is based upon the following facts: A reviem,' has been condLICted of the self -monitoring
Z
data reported for April, This revie-vv has shown the subject facility to he in violation ofthe discharge limitations
l'OUnd in NPDES l'trmit No, NCO074799, Thc violations are smirmarized in Attachment A to this letter.
Based upon the above facts, I concludeirs a, rnatter ot'law that Pines !01111 violated the terms, conditions,
or requirements ot'NI"DES Pernut No. NCO074799 and North Carolina (Jerieral Statute (G.S.) 143-215,1(a)(6)
in the matmerarad extent shoxvii in Attachnrent A. A civil penalty may lac assessed in accordance with the:
rnaxiniums established by GS, 143-215.6A(Ia')(2),
Based upon the above findings of factand conclusions of la alid in accordance with authority
provided by the Secretary ofthe Department of L,.'nvironmem and NatUral Resources and the Director of tile
Division of Water Qualitv� 1, Robert, B. Krebs, Surf -ace Nk'ater Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against PinesNflff':
N fooiv i I k,, Re? totn I C,,iffi cc
I o,,� , i i i1 6 0 Fa, it C -'t' V t t A " C t e I I) I NI F " S " 111 c, S 115 11l Plmr04) 663- H,,OC a4 i 704) 663 -6040 0 1 A we r ;,�'77 J-,2 -,-ei'74 Nlltl
V, V1411
Aa 1quiil Oppciftww), Atfimixr—' Action Empla.wr 50',, Kxjiduilk)'�,, P(w pope,

1 00 For I ofthe oncfI)violation of(J.S, 143-215,1(a)(6)and
NPDt11'S Permit Nc), N Co()7 4799, by disc hargi rig, "-,aste into the
Nvater's ofthe State in viOlation of the permit monthl% average
eftluent limit for total suspended solids,
$ -13 T50--
412,87
[,or i7— of the 17 f`seventeen) violations ol'G,S. 143-
2 15, 1(a)(6) and loll IA"S Permit No, NC0074799, by discharging
waste into the w,,,iters of the State in -, rolation of the permit
monitoring requirement for temperature.
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT 1)(11 F
Pursuant to (1.S. 14' )-21 -5,6A(c B. in determining the arriount ofthe penalty I have taken into account the
I iodings of Fact and Conclusions of faw,trail the factors set forth at G,S1433B-282. I (1b), which, are. -
(I '17he degree and extent ofharm to tl,,ie natural resources of the State, to the public health, or to
private property resulting Crom the violations,
(2) The dur.ati()ri and gravity of the violattOrls"
(3) The effect on ground or surface water quantity or g qUafity or on air quality,
(4) The cost of rectifying the damage;
'I he amount ofnionev saved by noncompliance,
(6) Whether the violations were conirnitted willfully or intentionally,
(7) The prior record of the violator iti complying or f1ailling to comply with proigrarris o-%,er which the
Environmental Manueerrient Commission has I`CL�UhAtOry authorim and
(8) the cost to the State of the enforcement procedures.
Within thit-tv days of'receipt of this notice, you rriust do one of the t1ollowing-
1. Submit payment of the penalty:
Pay,tirent should be made directly to the order of` tine* Departinent of'Li-wironnient and Natural
Resources (dt) not include wi,fivcr.fi,)rn,z ' ), Payment of the perialty %vill not foreclose further
enforcement action for any contlin.flug Or race ViOhui0o,(S)
Please submit payment to the attention of-,
Point Source ('ompliaiiec='t.,'tiforcenieiit 1-Init
Division of Water Quality
1617 Mail Service ("enter
R,fleigh, North Carolina 77699-1617

M
MR
Submit a written request for remission including a detailed justificatiol, for such request:
Please be aware that a request renrisslon is hinit d fo,r e to consideratiOn of the five factors listed
below as they may relate to the reasonableness of the atriount of the penalty as,,sessed.
Reqtat stin rernissi Jon is not the proper procedure for contesting whether the violation(s) occurred
g
or the accuracy of any ofthe factual statements contained in the civil pciialtN, a-ssessinerit
docurnant. Because a remission request forecloses the option of an administrative hearing, such
as request rriust be accorripanied by, a waiver cat` your right to an administrative hearing and a
I
stipulation that no faeru,,d ()r legal Issues are in dispute. Please pre ppare a detailed staternent that
establishes why you believe the civil penalty should be reunited. and subrall it to the, DiVisiOn Of
Water QXialitv- at the address listed belo,,%,,. in determining \-viiether a remission request xvill be
approved, the following factors shall be considered:
(1) whether one or niore of the civil penalry assessment factors, in GS. 14311-2822. 1 (b,) were
wrongfully appl led to the detriment of the petitioner:
(2) whether the violator promptly abated continuing environmental darriag ,e resulting floni
the violation.
(3) Nw hether the violation was inadvertent or as result of an, acc ide I 11t; vlolafions� or
(4l whether the violator had been, assessed civil penalties- for anv, previous
Ity will prevent paynient for the remaining necessary
(5) whether payment of the civil pena
remedial actions.
Please more that till informatioll presented in support of your request for remission ITILISt be
SUbtiritted in writing, The Director offile 1-)Ivision of Water Quality xvill revic%,%, YOUr eVideuce
and inform you of his decisiOn, in the matter ot'vour remission request, The response will
provide details regarding case status, directions for paynient', and provisioul for fur-ther appeal of
the penalty to the Environmental Managerrient Commission's Committee on Civil Penalty
'I
Rernissions (Conitnittee). please be advised that the Cominittee canI')rmation that
not consider n t
was not part of the original remission request considered by the Director, Therefore, it is ver-y
important that you prepare as corliplete and thorough Stateluent in support ofyour request for
remission.
In order to request remission, you must complete and, submit the enclosed "INN'aiver of ]'ight to an
Administrative Hearingand Stipulation of Facts" forin �N,ithin thirty (30) days of receipt of this
notice. also requests that, you complete and submit the enclo�,.;ed
otice. The Division of�NVater Quality
"Justification for `[Zernission Request," Both farms should, be submitted to the following address:
point Source (,c)tiiptiance"Fnf(-)rcenient Unit
Division ofWater Quality
1617 flail Service ('enter
Raleigh, North Carolina 27699-1617

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3. File a petitionfear an administrative hearing with the Office of Administrative Hearings:
If vou v,-ish to WnteSt anv statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form front the Office of Administrative Hearings,
YOU mast file the petition Nvith tfie Office ol'Adin in istrative Hearings within thirty (-30) days ofreceipt
of this notice. A, petition is considered filed when it is received in the Office of'Adi-ninistrative 1-fearings
during normal office hours, The Office of AdmiInstrative Ifearrng� accepts filings Monday fluough
Friday betv,,-cen the hours of 8:00 a.na. and 5M pm'i- except for official state holidays, I'liepetitionmay
be, filed by facsimile (fax) or electronic mail bv an attached file (with restrictions) - provided the siened
original, one (1) copy and a Ming fee (.ilia filing fee is required, by NC GS § 15013-2-3 )1,21) is received in the
Office of Administrative Flearings within se\eii (7) bUSIness days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all, questions regarding the
filing fee and'or the details of the filing process. The mailing address and telephone arid fax numbers
for the Of' ice of Administrative Hearing's are as follows
Office of Administrative Hearings
67t4 Nlail Service Center
Ueigh, NC 27699-6714
Te I - (919) 43 1-3000
Fax: [phone]
One (1) copy of the petition inList also be served on DENR as follows�
%Vlary Penny' Thonipson, General Counsel
DE1w1R
1601 Mai,l Service Center
Raleigh, NC' 27699-1601
Failure to exercise one of the options above Nx ithi n thiity (30) days of receipt of this letter, as evidenced
bN- an internal date"'tinic received stainp (,not a postmark), Nujll result in this inatter being, ret'erred to the AttorneSl'
General's Office for collection of the penalty thrOUgh a civil action,

Please he advised that additional penalties may be assessedfor violations that occur after the review
period of this assessment, If the violations are of a continu!'rigrat er ; not related too pera ion aril o
maitatruction activities. then you m av swish to consider
gpplying for vial C rrl r by Consent, _m t;. rati la a a�a � . ars a �l a�`t this cis t laa t � a t or a
L i o rde b(:' ,nse at. l a c 71 t tl m ate t ti ality Section staff of the Njogresville Regional Off c
704 ti 3-lfi 699.
(Date) Robert B. %;:reb
Regional SUpervisor
urtace Water Protection
'Mooresville Regional Office
Division on o °ater ( taality_
c4: Vaater Quality Regional Supervisor -w/ Lattac anient
C otialali ance/' :taf'ot-cetar tat 1, ile w/ atttachnic at
Central al Files wl attachments
J

ATTACHMENT .,,k
CASE NO, - 0-0028
atye
Parameter
Le '��alaa
Permit Limit
�'*`yyyiiOutfall
001
�,'� 10 n 4 1
Tem rature
t onitored 0 times
tag€ Whoa
001
4.4-10/10
Temperature
*monitored l time
rnonitor 5
001
11-17110
Temperature
*monit(--)red 1 time
monitor 5X
001
4�11 -241
` emperatarre
*r onit re l time
monitor 5
Denotes civil Penalty assessment

STATE OF NORTH C A- ROLI : DEPARTNNIENTOF ENVIRONMENT
AND NATURAL RESOURCES
COLINTY OF GA I O
IN TEII.: MATTER OF ASSESSMENT f %k"AI "Eta OF RIGFI ` O AN
OF CIVIL I)FN L FY ACaAfNST J AMUNI TItaNTIVE: 1-I.LARfN(r AN
PINES MOBILE HO.NME PARK STIPUTATION OF FACTS
FILL NO. LINI-2010-0028
Having been assessed civil penalties totaling .8 for violation(s) as :yet fiorth in the assessment
document of'the Division of NVater Quality dated July 20,20M. the undersigned, desiring to seek rerraissloti of
he civil penalties, does, hereby waive the right to an administrative laettring in the above -stated matter and doe:
stipulate that the facts are as alleged in the assessment document. "I'lie, undersigned furtlier understands that all
evidence presented in SUpp rt of remission of this civil penally must be submitted to the Director ratethe
Division of"Nater QUality within 30 days of receipt of the notice of assessment. Nonewevidericeinsupportof
aremission request �c ill e allowed after _ 0 days fconi the receipt of the notice of assessment,
ent,
ITLEPUIONE

JUSTIFICATION FOR REMISSION'REOt! EST
DNVQ Case Number: LNI-2010-0028
Assessed Pam: Pines Mobile Home Park
Counts; Gaston
Per"lit Number: NCO074799
Amount Assessed: S422.87
Please use this form ashen requesting retnission of this clN, il periah Y. You must also complete the "Regcrest Fty
Remission, IT"ifivLer ( Wo'y to an .4citninistrative Hearing oral Stji-)ylaticar x forni to request rei iissiciiI
ofthis civil penalty. You should attach aria documents that you beheve 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 Lo consideration of the five factors listed below as they may relate to the reasonableness of
the aniount of the civil penalty assessed. Requesting remission is n(,)t the proper procedure for contesting
v,,'hethQr the violation(s) occurred or the accuracy of" anv of the fiactual statements contained in the civil penalty
assessment document. Pursuant to N.C,GS. § 14313-2i). I (c). rernission of a civil penalty may be granted only
when one or snore 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 (10CLITIlCuts., as, to why the factor
applies (attach additional pages as needed),
(a) one or more of the civil _n�Ln �tttv a.,,sessment factors, in N.C­QS. 14311-2182, ljaIN
L(l the detriment of the eficloner Wle cissesstnent loctors are listed in the civil penalri,
(b) tILtLL Lolator jjjtit�t y abated contjngjjj,() . environmental damage resul tnig frQin the N, io lati oil (i.e,
exi)lain the ,eta Ps thar,you took to correa the violation andprevenifiiture occurrences):
(c) the violation was inadNertent or a result of an accident (i.e,, exl7lain ii,,hly the violation 11.,as
unavoidable or something you coald not prevent or preymre
ns;
(all the violator had not been assessed cjvilpena,16�zs for in N,,- lire N. i ous V �ILLtlo�
1-2 u N _necessary rei edial actions
�Ijli��nt I fie Civil P will arcs or the_L.eqLqjnjpg
ty jj_� t_( _
to e, esplain hou, 1,laytnent of tile Civil penaltly u)i1l preveni you firom pe�jbrnfiilg the activities necessary to
uchiev,e cotnplkmce).
EXPLANATION: (use (,-Is

NORTH CAROLINA DIVISION OF WATER OUALITY
Violator: Pines Mobile Home Park
Facility: Pines Mobile Horne Park WWT11
C 0 u a ty: Gaston
Case Number: LM-2010-0028
Permit Number: NCO074799
ASSESSMENT FACTORS
If 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;
No harm has been documented. Total suspended in excess of the effluent monthly average permit limit
would predict an impact on the receiving waters. Aquatic life may have been adversely effected by an
increase in suspended solids (turbidity) of the stream and also by a decrease ofavailabie dissolved
oxygen.
2) The duration and gravity of the violation;
The violations occurred during the month of April 2010. The monthly permit Breit liar total suspended
solids was exceeded by 32%. Thefficility also failed to monitor for ternperaturc on 17 ocassions during
the month of April 2010. Historically, the permittee has failed to monitor for temperature as required by
the permit since October 2010 although there has been repeated enforcement and communication from
the division. The perri-rittee has applied for a SOC to seek interim limits for BOD and ammonia nitrogen
until the facility can tie onto the Gastonia collection system, ceasing the discharge. TSS and
temperature monitoring frequency is not included in the SOG A $3,000 upfront settlement to cover all
outstanding civil penalty assessments until the issuance of the SOC has been negotiated. The penalty
will be held in abeyance until final compliance with the SOC is determined.
3) The effect on ground or surface water quantity, or quality or on air 411ality;
No effect is expected on ground water or air quality. Surface waters may have been impacted due to an
increase in turbidity of the receiving strearn and possible decrease of dissolved oxygen.
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 the contract operator not monitoring the temperature on as daily (5X
week) basis as required by the permit. A monetary amount is unknown.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to be willful or 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
The facility has a poor compliance record. A SOS' application has been submitted and the porn-rittee has
signed the C. The SOC issuance is pending review and public notice. Below are civil penalty assessments
during the previous 12-month period.
8) The cost to the State of the enforcement procedures.
Staff preparation of enforcement package: I hour at $32.54/hour
SWP Regional Supervisor review: 1, hour at $37.83/hour
Clerical Support: I hour at $15 .00/hour
Toral: S8537
Date RO Supervisor
Division of Water Quality

UnWITnR1114r. Pr-PnRT1MRI VICH ATIONR frw ' Report Date, 07/12110 Page: 9 of 28
PERMIT: NCO074799
FACILITY: Pines Mobile Home Park - Pines Mobile Home Park
COUNTY: Gaston
REGION, Mooresville
Limit Violation
010 -
-47
MONITORING
OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT
opt
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
04-2010
001
Effluent
80D, 5-Day (20 Deg C) -
04/08/10 2 X month
mg/1
7.5
27
260
Daily Maximum Exceeded
None SPIC,
Concentration
04-2010
001
Effluent
BOD, 5-Day (20 Deg. C) -
04/22110 2 X month
mgA
7.5
20
166.67
Daily Maximum Exceeded
None
Concentration
04-2010
001
Effluent
BOO, 5-Day (20 Deg. C)
04/30/10 2 X month
mgA
5
23,5
370
Monthly Average Exceeded
None
Concentration
04 .2010
001
Effluent
Flow, In conduit or thn.J
04130/10 Weekly
mgd
0,011
111.6711
1,015,091 92
Monthly Average Exceeded
None
treatrnent plant
04-2010
001
Effluent
luttroa em Ammonia Total (cis
N)
04108110 2 X month
mgA
10
245
145
Dairy Maximum Exceeded
None
Ste,
- oncentration
04-2010
001
Effluent
Nitro on, Ammonia Totai (as
en;
04/22110 2 X month
mg/I
10
29,2
192
Dairy Maximum Exceeded
None �5PC—
IN) -
04-2010
001
Effluent
Nitro en, Ammonia Total (as
04130110 2 X month
mg/l
2
265
1,242.5
Monthly Average Exceeded
None
N) - Concentration
Solids, 'Total Suspended--
04-2010
001
Effluent
04130110 2 X month
mg/I
30
39,5
31,67
Monthly Average Exceeded
None
Concentration
4
PERMIT: NCO082694
FACILITY: Town of Dallas - Dallas WTP
COUNTY:
Gaston
REGION: Mooresville
Urnit Violation
MONITORING
OUTFAL0
VK)LATK)N
UNIT OF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
04-2010
001
Effluent
Chlorine, Total Residual
04/06110 Weekly
ug/I
28
47
67.86
Daily Maximum Exceeded
No Action, 8PJ
04-2010
001
Effluent
Chlorine, Total Residual
04122/10 Weekly
ugA
28
35
25
Daily Maximum Exreeded
No Action, BPJ

001
/2 /10 - 4/3/10
Temperature
*monitored;0 times
monitor 5
01
4/4-10/10
Temperature
*monitored I time
monitor
001
4/1,1-17/10
Temperature
*monitored I time
monitor 3
01
4/18-24/10
Temperature
*monitored 1 time
monitor 5
Denotes civil penalty assessment of $12.50 per
failure to rt onitor(17 violations) = 7115