NC0047091_Enforcement_20131213

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a - KBI, LLC Uc
SE SOUTH LAKE AVENUE
q SUITE 719
3 St PASADENA CA 91101
or
ATTN: MR LOGAN BOGGS
swn/ma 12/13/2013

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KBI, LLC
80 SOUTH LAKE AVENUE
SUITE 719
PASADENA CA 91101 3. Service Type
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SURFACE WATER PROTECTION <0 7.=,)-A t•A
610 EAST CENTER AVE
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MOORESVILLE NC 28115 .' . r---1 73—
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Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A. Reeder John E, Skvarla, HI
Governor Director Secretary
December 13, 2013
CERTIFIED MAU, 7010 1870 00011558 t566
RETUWN RECEIPT RLqLL�jM
Mr, Logan Boggs
KBI, LLC
80 South Lake Avenue, Suite 719
Pasadena, California 91101
SUBJEC'I':
Dcar Mr. Boggs:
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215. 1 (a)(6) and N'PDES Permit No. NCO047091
Silver Maples WWTP
Cabarrus County
Case No, LV-2013-0229
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$698.91 ($550.00 civil penalty + $148.91 enforcement costs) against"KBI, LLC.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for July 2013. '17his review has shown the supject facility to be in violation of
the discharge limitations found in NPDES rmNCO Pe tit No. 047091, The violations are sir nunarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that KBI, LLC violated the ternis,
conditions, or requirements of NPDES Permit No. NCO047091 and North Carolina General Statute
(G.S.) 143-21I (a)(6) in the manner and extent show-n in Attachment A. A civil penalty may be
assessed in accordance with the maximurns established by G.S. 143-215,6A(at(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 Resources, 1, Andrew Pinter, Assistant Regional Supenisor for the
Mooresville Region, hereby make the following civil penalty assessment against KBI, LLC'
Mooresville Regional Office
Locaton. 610 East Center Ave., SAP 301 Mooresville, NC 28115
-6040 1, Ojslomer Serme� 1-877-623-6748
Phone [phone], Faxt: 704) 663 One
Nernet tiftpliportal ncdenr.orqi%qebmq NorthiCtirolina
I'n �'Eqi3a ""'PporrUmTy "rr°: "'mr,41yer - 3ru%, Recvce�"' I T� pc's! Cc'n�.m'w pappr

0,00
For ­ 1, — o"the one (1) violation of G.S. 143-2,15.1(a)(6) and
NPDES Permit No. NCO047091, by discharging waste into the
waters of the State in violation of the permit daily maximurn
effluent limit for biological oxygen demand (BOD).
�00.00 For 3 of the three (3) violation(s) of G.S. 143-215, 1 (a)(6)
and NPDES Permit No. NCO04709 1, by discharging waste into
the waters of the State in violation ofthe permit daily maximurn
effluent limit for fecal coliform.
250.00 For Y.. cif the one (1) violation of G.S. 143-215.I(a) 6) and
NPDES Permit No. NCO047091, by discharging waste into the
waters of the State in violation of the permit monthly geometric
mean effluent, limit for fecal colifomi,
55000
-- ------ TOTAL CIVIL PENALTY
$-- 148,91 Enforcement costs
S 69&91 TOTAL ANIOUNI'DUE
Pursuant to G,S. 143-215.6A(c), in determining the arnount of the penalty I have taken into account the
I"i tidings of Fact and Conclusions of I,aw and theluctors set forth at G. S. 14"313-282. 1 (b), w-hich are-
(1) The degree and extent of harni to the natural resources of the State, to the public health, or to
private property resulting from the violation,,-,
(2) The duration and gravity of the violations;
(3) The eff*ect on ground or surface water quantity or quality, or on air quality;
(4) 'The cost of rectifying the damage;
(5) the arnount 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 pro grarns over Nirhich
the Enviromrental Management Commission 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:
Payment should be made directly to the order of the Department of Envirointient and Natural
Resources (do not include waiverf6rnt). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s),
Please submit pky-ment to the attention of"
point Source Compliance/Enforcement Unit
Division ofWater Resources
1617 Mail Service Center

Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification forsuch 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 ofany of
the factual staternents contained in the civil penalty assessment document, Because a remission
request forecloses the option of an administrative hearing, such, a requicst must be accompanied by a
waiver cat" your right to in administrative heuixig and a stipulation, that no factual or legal issues are in
dispute. Please prepare a detailed staternent that establishes why you believe the civil penalty should
be remitted, and submit it to the Division of Water Resources at the address listed below, In
detert-nining,whether a remission request will be approved, the following factors shall, be considere&
(1) whether one or more of the civil penalty assessment factors in G , 143B-282. I (b) were
,wongfully applied to the detriment of the petitioner,
(2) whether the violator promptly abated continuing environmental damage resulting front
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 info ration presented in support of your request for reinissionmust be submitted
in w-riting. The Director of the Division of Water Resources will review your evidence andIrd'ornm
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 Conirnittee cannot consider information that was riot 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` light to an
I P
Administrative hearing and Stipulation of Facts" forma within thirty (30) days of receipt of this notice,
The Division ofWater Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should be submitted to the following address:
Point Source Conipliance/Enforcement t31tit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 docurnent you must file a petition for
an administrative hearing. You may obtain the petition form from, the Office of: dministrative
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 betvveen the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (,tax) or electronic mail by an attached file (with
restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by
NCGS § 1 50B-23.2) is received in the Office of Administrative Hearings within seven (7) business
days f'ollowing 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 and tax numbers for the Office of Administrative Hearings are as
follows
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]; Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (3 0) days of receipt of this notice, 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 continuing_qaturenot related to.9pegation andJor
maintenangglc�njs ai�idou antic pate remedial constructio,111. activitiestjLjonyou_Tay wish to
RegicaVlaffice atL70)_�A3- L99,
_
(Datc) Andrew Pinter, Assistant Regional Supervisor
Mooresville Regional Office
Division of Water Resources

ATTACHIVIE'INTS
Mooresville e ion l Office Compliance Ville w/ att chment `
Raleigh C mll ac /EnforcY i nt File -vvtr attachments
Central Files w/ attachments
r
/ma

ATTACHMENT A
CASE NO. LV-2013-0229
.fallOutfall Date Parameter Reported Value Permit Limit
001 ?t /13 BOD 23.0 ing/l, 19, mg/l., (Daily maximum)
00 7/2/"13 Decal coliforir >600 CFU/ 100 niL 400 CFU/I00 i IM (Daily maximuni
1101 /:31/13 Fecal conform 773 CFU/10 txtl. 400 C1;„1."/I00 Tril, (Daily maximum
001 7/31/13 Decal coliforni 606CRY] Y] mL 200 F /1 0 mlf Mart ly geometric c ari
Denotes civil penalty assessment
1, LLC did not provide a response to NOV-2013-LV- 667 DW -staff did review the
comments provided on the July 2013 DMR. Mitigating factors were not found to result in
a reduced civil penalty arttount:

STA'FE OF NOWITI CHAT ,(.)I,INA
COUNTY OF CABARRUS
INIT11F MATTER OF ASSESSMENT
OF ClVfL PENALTY AGAINST
KBI, LLC
PERMIT NO. NCO047091
DEPARTME,N'T OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVE R OF TIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2013-0229
Having been assessed civil penalties totaling $698.91 for violation(s) as set forth in the
assessment doCUnient of the Division of Water Resources dated December 13 2013 the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the also 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 subro itted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of assessment, No new evidence in support of remission request will be
allowed after 30 days from the receipt oft e notice of assessment,
This the day of 2013
BY
ENEMM
TELEPHONE

JUS.TIFICA"HON FOR REMISSION REOIJEST
DWR Case Number: LV-2013-0229
Assessed Party: KBI, LLC
County: Cabarrus,
Permit Number: NCO047091
Amount Assessed: $698,91
Please use this fortn when requesting remission of this civil penalty. You must also complete the
"Regge � Porn ReinissiLQn , eiLR I an Administrative HearhQ ad Stipjll atiqA, F, acts
..Waiver ...r . try _jgh _LQ_ q
forai to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary fior the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the fine 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.(,,(T.S. § 1.43B-282.1(c), remission of a civil penalty rnay be granted only when one or
more of the following five factors applies, Please check each flictor 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
factors in N.C.G.S. 143B-282.1 were
!eIrnnII,,eat_P_f the.petitioner(the assi;ssmentjactors are listed
in the civil pe nalq, assesstnent doeumen);
(b) the viola abated conti '
�rom 4JIy, un enyironmental damage i sq1tin from the
violation (i, e,, explain the step, s that you took tocorrect the violation andprevent
fi,iture occurrenees),-
�c) the violatioti was inadvertent or a result an.accident (i,e,,, explain ivh),, the violation
w4',is unavoidable or some thing, you could not prevent or prepare /br):
(d) the violator bad -not been assessed civil oe,, tie s -xi q i (in s _t4tj-
(e)
,gyrnent for the re
n—a—Train g, —necq, �saLy_rgrrj qdial
fictions (i,e., explain how payment (V'the chJlenaty will prevent you ftomper tbrming
the activities necessary to achieve compliance),
EXP LANATION: (use additional pages as necessaij)

Violator:
KBI, LLC
Facility:
Silver Maolees WWTP
County:
Cabarrus
Case Number:
LV-2013-0229
Permit Number:
NCO047091
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;
2) The duration and gravity, of the violation;
3) The effect on ground or surface water quantity or quality or on air qualio y;
4) The cost of rcctifving the damage;
The cost is unknown,
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
7) The prior record of the violator in complying tar failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and

There have been 15 previous CPAs for the Silver Maples WWTP with two CPAs issued in the past
Case Number Description
Llei- 2013-0027 $373,91 LV for fecal coliform and MV for total nitrogen and phosphorous. �enalWy-­'�
was laid in full.
LM-20100$647,44 LV for BCD and MV for total nitrogen and phosphorous. Penalty was paid
3-20
in full,
The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $14&91
v.
Date Andrew Pitner, Assistant Regional Supervisor
Mooresville Regional Office
Division of Water Resources

Report Date 10/02/1 Page: 1 of 6
PERMIT- NCO047091
FA IL" : K 13 I LLC Kurl n er Boggs Investments LL - Silver
COUNTY. Cabarrus
Flee Community
REGION: Mooresville
Limit Violation
MONITORING C91iTFa1LLC
REPORT
LOCATION
VIOLATION
PARAMETER GATE
UNIT OF
CALCULATED
FREQUENCY
MEASURE
LIMIT
V�ll9E
� OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
7 -3(?13
FC�, �_ a (1 Deg, mf07/t1 /1t3
Concentration
Weekly
rncgfl
19.E '"
2
i7 t�
li
Daily Maximum Exceeded
None
07 -2013 001
Effluent
Conform, Fecal MF, M-FC 07102/13
Broth,44.5C
Weekly
#/100ml
400
Ft1t1
50
t�erly Maximum Exceeded
None
07-2013 001
Effluent
Coliform, Fecal MF, M-FC 07/ 4/1;3
Broth,44.5C
Weekly
#110 ml
400
14, £iQ
3.55t/
Daily MaximumMaximumE
��
del�dert
Nan
07-2013 001
Effluent
Coliform, FecalMF, M-FC 07131/13
Weekly
#/100MI
400
773rotha44:5C
932
it Maximum Exceeded
1%
Ncrf
07-2013 001
E.fticaent
Ccllfurrrl, Feel MF fill-FC 07/3V1 a
Broth,44.5C
Weekly
t/P100ml
00"
3f& ,t1 �
21�2. 7
Month! Geometric can
Exceeded
one
P..E IWIT: NCO070289
FACILITY, Ridg,e1 arm tbdltisi n « Ridgewood Farm
--'COUNT
Y kerru
4
u6 ivi loe
�
Fal t,,
eS"' z
e
y
to
Linnit ViI ho()I1
i
MONITORING OUTFALL r
REPORT PPI tOCATYGN
Vdf�i A� dON
PAtt�AN ET R Ci4TE,
FtiE iLlENC'Y
L I t1T OF
ASURE
LIM19"I
CALCULATED
VALUE
% () UMIT
07 -2013 001fki
yf
Flaw, r conduit or thru 07131/13
t�rlt'
reR
Vl0L?,,#ION TYPE
VIOLATION ACTION
3
tr ent plant
rtrrtd
01 I?5
t1.t} a
17 a�„
P ItF ly gage Exceeded
None