NC0047091_Enforcement_20140616

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U To KBI, LLC
'San 80 SOUTH LAKE AVENUE
SUITE 719
Stre PASADENA CA 91101
City ATTN: MR LOGAN BOGGS
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NCDLNR - rV al
WATER QUALITY REGIONAL o `
0
OPERATIONS SECTION b
610 E. CENTER AVE. SUITE 301
MnnRFc\/II I F NC 752115
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor-----,—, Secretary
CERTIFIED MAIL 7009 2250 0004 3266 3795
Mr. Logan Boggs
KBI, 11C
80 South Lake Avenue, Suite 719
Pasadena, California 91101
SUBJECT: Notice of Violation and Assessment of Civil
Penatt-
y for ViolatiOnS of N.C. General Statute
143 -2151 (a)(6),and NPDES Pertnit 'No. NCO047091
Silver Maples WWTP
Cabarrus County
Case No, 1,V-2014-0087
Dear Mr, Boggs:
This letter transiriits a Notice of Violation and assessment of civil penalty in the amount of
$349,22 ($200.00 civil penalty + $149.22 enforcement costs) against KBI, LIX.
'This assessment is based upon the follorving facts: A review has been conducted of the self -
monitoring data reported ferr December 2013, This review has shown tire subject facility to be in
violation of the discharge limitations found in NPDES Pennit No. NC0047091- The violatiOus are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of IaNs, that KBI, LLC violated the terms,
conditions, or requirements of NPDES Pentut No. NCO047091 and North Carolina General Statute
(G.S.) 143-215,1(a)(6) in the manner and extentshown insttachment A, A civil penalty maybe
assessed in accordance -with the maximurns established by (i.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 Departryietit of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Michael. L, Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against KIII, LLC:
MrjA�resoie Regianal Offire
Luxatfon 610 East C.enterAve _ 'ufte 301 Mwresvtlle, NC 25115
P h 0 n e 7 Fac (704,1, bt,3-&q4k1 ` c ,€,,stt)pIerservice
1 53,1699 ' �rfteniet, hipj,,porta,,ncdenr,orq ',jwebtwq
"�n �'Qu'j! "',ppk'rt'm'oy � AKTmaiive Artion Erplover - 30,% Rr,.,;Yded� 10% Pas I

100,00 For I of the one (1) violation of G,S, 143-215,1 (a)(6) and
NPPE S Ise tit No. N C004709 1, bv discharging waste into the
waters of the State in violation of the permit daily maxin-lurn
effluent limit fi_)r biological oxygen demand (BOO).
100.00 nm�For I __ ofthe one (1) violation of Cr.S. 143-215, 1 (a)(6)and
NPDES Pernut No. NCO047091, by discharging waste into the
waters ol"the State in violation of the tar.itdaily inaximurn
effluent limit for fecal coliform.
S___­_1_.._1__ 0,00 For of the. one (1) violation of G,S. 143-215. l(a)(6) and
NPDES Penrut No. NCO047091, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for biological oxygen demand (1101)),
0.00 For I of the one (1) violation of G,S. 143-215,1(,�) (6) and,
NPDES Permit No. NCO047091, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for flow,
149.22
34U2
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuarit to G-S. 143-215,6A(c), in detennining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions ofl-aw and the factors set lorth. at G.S . 14313-282. 1 (b), which are:
(1) The degree and extent of harrn 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 darnage-,
(5) The amount of inoney 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 of this notice, you must do one of the following:
1. Submit payment of the penalty:

Payment should be made directly to the order ofthe Department of Environment and Natural
Resources (do nolinclude vvaiverfiorn�), Payment of the penalty will not fioreclose further
enforcement action for any continuing or new violation(s),
Please submit payment to the attention of,
Wastewater Branch/Enforcement LInit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit as written request for remission including a detailed justification for such request:
Plm,,,,e 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 violationts) occurred or the accuracy of any cat'
the factual statements contained in the civil penalty assessment docurnent, Because a remission
request forecloses the option of in administrative hearing, such a request must be accompanied by as
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 Resources at the address listed below. In
determinmg whether a remission request Will be approved, the fDI10Wmg factors shall be considered:
(1) whether cane 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) Nvilether the violator promptly abated continuing environmental darnage resulting from
the violation,
(3) whether the violation was inadvertent or a result (if an accident;
(4) whether the violator had been assessed civil penalties for any previous viotations4 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 rem] ssion must he submitted
in writin g. The Director of the Division of Water Resources 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 tComrnittee),
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.
"rhe Division of Water Resources also requests that you complete and submit the enclosed
-Justification l-or Remission 'Request," Bothfornis should be submitted to the following address-

Wastewater Brarich/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1,617
3. File a petition for an administrative hearing with the Office of 21Wministrative 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 tire petition form fruni the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt oft is notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal calf ee 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 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 § 15013-2131,2) is received in the Office of AdrriiniStTative Hearings within seven (7), business
days following the faxed or electronic transmission. You should contact the Office of Administrative
Hearings with all questions regarding the fifing fee andl,Or the details of the filing process. The
mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh,'NTC 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 pag ,e one of this letter) on the petition,
Failure to exercise one of the options above within thirty (30) 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 you have any questions about this civil penalty assessment please contact
the Water Resources staff of the Mooresville Regional Office tat [phone].

Michael L Parker, Regi nal tiger-vdsor
Water Quality Regional nal Operations Section
Division. of Water Resources, DEN
ATTACHMENTS
M Mooresville Regional ional Office Compliance File w attachment
Raleigh om lia e/Enf reement File tachn ent
Central Files lMSC l l-baserneent Nv/ attachments

ATTACHMENT A
CASE NO. LV-2014-0087
Outfall Date Parameter
Ikeported Value
Permit Limit
001
12/261113 BOD
36 mg,/L*
19,5 rrigy;"L (Daily maximum)
001
12/26113 Fecal coliforin
> 600 CFUI/100 rnL*
400 U'Ll/ 100 mL (Daily maximum)
001
12 /_1 I 113 BOD
15 0 ni &/ L
13,0 mg""I.- (Monthly average)
001
12/3 L" 13 Flow
0,085 MGD
0.04 MGD (Monthly average)
Denotes civil penalty assessment
KBF LLB." did not provide a response to NO'V-2014-1,.V-0198,
Division of Water Resources staff did
review the comments provided on
the December 2013 DMR.
Mitigating factors were found to result in
a reduced civil penalty atnount.

STATE F NORTH CAR L.I A LSE}I' R'ETIENT till ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CABARRUS
INTHE I J" FER OF ASSESSMENT WAIVFR OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ADMINISTRATIVE HEARING AND
IC I, LLC STIPULATIONOF FACT
I'IMIS IITNC.NCO04709l
FILE NO. IN-2014-0097
Having been assessed civil penalties totaling $349.22 for violation(s) as set fiorth its the
assessment document ofthe Divisi n of Water Les nrees dated,Lfu to 16,2014, the undersigned,
desiring to seed remission of the civil penalties, does hereby waive the right to an administrative
treating in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned farther understands that all evidence presented in support of remission of
this civil penalty must bee submitted to the Director of the `f Division of Water Resources within 30 days
f receipt ofthe notice of assessment.. No new evidence in support of a remission request will b
allowed after 30 days from the receipt of the notice of assessment.
This the w _ __.. day ��' ., _ �..a�2014
BY
ADDRESS

JUISTIFICATION FOR RLMISSION R,EQL,'f-.ST
DWR Case Number: LV-2014-0087
Assessed Party: KBI, LLC,
County. Cabarrus
Permit Number: NCO047091
Amount Assessed: $349.22
Please use this f(.,)rm when, requesting remission of this civil penalty. You must also complete tire
&g iLt(-jt-qLGf ---ig-ly to, ra ---dminsative_Uq-rin, ---�L
forni 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 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 penalry assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the tactual statements contained in the civil penalty, assessment document,
Pursuant to KCJ.3.S. § 143 B-282. I (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).
la) one or more e h of the civil-petia � asscssrp nt (a in N.C,G.S. '14-113-282_.V
- e ----- — jjA�_
1,�r�on taa p ig-to the detriment of the (the assessinent
gflL y_ap 1 - ,d J�zctors are list
ed
in the civilpen al(y assessment document);
(b) the violator promptly abated continuigg environmental damqgeresulting frp as tIt
violation (Le, e.�IVain the steps that youtoo kto correctthe violation andprevent
ju'ture occurrences)"
(c) the violation was inadvertent or a result of an accident (i,e- e)g)lain w/y the violation
i,vasunavoid ableor' somethii7,r,yozicould not lreientoiprelrarefcir)"-
(d) the violator had not been assessed civil_pc�4l(tcs or a , rgyious violations;
(e) pqy-rnentQft e ci al y - Y�Z�t p5q Y� IRgnt f U) thergam ri ipg L s , rc ar � eAj
4 M-J't --�Mhtm --- - — _1__
ALtions (i.e., es:plain how payment qf the civil penalty Will prevent youftam perfirrining
the activitiei, necessary to achieve compliance).
EXPLANTATIQN. (arse additional pages as- necesstvi,,,)

NORTH AR LIMA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator:
KBL LIX
Facilitv:
Silver mMwles W'WTP
CountY:
Cabarrus —
Case Number:
1,V-2014-0087
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;
The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown, The best use of the receiving stream (Class C —
Ww"I
111almil
K H HAM 9 =
4) The cost of rectifying the damage;
The cost is unknown.
to The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown,

7he 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 16 previous CPAs for the Silver Maples TP with three CPAs issued in the past
twelve math.
Case Number f Description
_......_m..... _»m. -.. ..m........._..m__._ »...........
1 1 tV far -fecal aal0farrn BOA Palt wsaid in full.
l fa1- 1 -Q 1 Iwo" far fecal oiiforrn and l`~,�1"�' far tai l nitra an end phosphorous. P n It
was ill 0n fall. E
LM 01 00 4T44 LV for BOD and IVIV for total nitrogen and phosphorous Penalty was paid
0n fill
The cost to the State of the enforcement rocec ures..
The cast to the Division of Water Resources is $149.22,
icEhael L. Parker, regional Supervisor
Water to lity Operations Section
Division ofWater Resources, NCDENR,

Report Nate,: 04122114 F`agw 1 of S
..° ...w
ifi: d ,
k FACILITY: 1 Ckrf ��r Investments �
Silver
J aa
ION:Mooresvillef=
r
pips Community
L6nllt Violation
s
MONITORING
CUTF.AI.Lf
VSCLATION
UNIT OF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER DATE
FREQUENCY MEASURE
UM;IT
VALUE
% OVER ;LfMIT
VIOI.ATIONTYPt
VIOLATION
I 12 -2013
001
Effluent
BOD, -flay (20 Deq ) " 12126/13
Weekly mg/l
8462
Daily Maximum xceeded
Non
Concentration
12 -2013
001
Effluent
60D, 5-tray t20 Deg L Cj 12,131113:
Weekly mg11
13
15.02
15,58
Monthly Average Exceeded
Non
Concentration
12 _2013
001
Effluent
Coliform, Fecal MF, -FC 12126113
Weekly #1100mi
4EIC"V
600
0
Daffy Maximurn Exceeded
None � ?
rath,.44,5a-.:..
12 »2013
601
Effluent
Flow, In conduit or turn 12/31/13
Continuous rngd
4,E4 j
0,085
112,42
Monthly Average Exceeded
f can _ _, ...w�.R
treatment plant
! a ?i9
FACILITY. Stones Throw Homeowners+ er Associationl i tRidgewood
l�
p
REGION:MooresvilleF
Farms Subdivision
' 1„
Limit
Violation
t..:,t:"
MONITORING
GUT FALL I
VIOLATION
UNMT OF
CALCULATED
REPORT
PPI
LOCATION
PARAMETER DATE
FREQUENCY MEASURE
LIMIT
VALUE
!'n OVER f IMI1'
VIOLATION TYPE
VIOLATION ACTION
12 -2013
001
EffluentColifomi,
Fecal MF, M-FC 1 '23;13
Weekly #/100 l
400
l'oo)
150
Daily Maximum Exceeded
Matte
I3rcth,,44,5C
12-2013
001
Effluent
CofEform, Fecal MF, M-F 12f30/13
Weekly #1100MI
400,z�
990\'
147;5
Daily Maximum Exceeded
Mane
Broth,445C

Violation Penalty Works,heet
Facility: Silver Maples December 2013 Flow]:_��_6_8_��_�__(GD
Previous 3 Reduced enalties. lone
Violations:
Proposed 1
Yes El o Yes o
Response o ents.
ultiplier:
v
Response
None
Information:
There was one daily maximum BOD violation (36,0 mg/L; 34. % over limit of
19.5 mg/L) and a monthly average BOD violation (15.0 rng/L, 1 ,6% over limit of
13,13 rng/L), There was a daily maximum fecal coliform violation (>600 CFU/100
DMR
rn ; % over limit of 400 Flo/1 00 mL) and a monthly average flow violation
Information:
(0. M ; 112r4% over limit of 0.04 M D). December 2013 notes
"fecal exceeded maximum daily on 12/2 114 following heavy rainfall. SSO report
submitted prior to sampling event staring on 12/2313 and ending 12//13.
Sample taken for fecal following day 12/2 / 1 . 12/4/13 BOD attributed to blower
problems that have been addressed,"
Previous
Violation
Previous CPAs were assessed for DMR violations in July, June and March 2013.
Information:
l
._
violations as well
There were one BOD and three fecal coliform daily maximumIola.
July 2013
as a monthly geometric mean fecal coliform violation. Four of five violations
assessed.
There were two daily maximum fecal coliform violations as well as quarterly
June 2013
monitoring violations for total nitrogen and total phosphorus„ all four violations
assessed. mm
There was a daily_maximum and monthly average BOLA violations as well as
March 2013
quarterly monitoring violations for total nitrogen and total phosphorus, two of four
violations assessed.
The permittee reported aWWTP bypass on 12/23/13 and three aonal
Cher Relevant
bypasses since this date 1/13/14„ 2/17/14, and 4/7/14). Permittee had spent
Information:
money to tie system onto nearby collection system but hook-up to the City of
Concord seems to have stalled,
Proposed
7 malty [increase DecreaseSame El
Penalty
utco e.
Final Penalty.
Notes:
" �"'i P
'„� $.i°# i 4. �q } & S tt t E ^, , % 3i .. •?.,,, r',. k 4 l C i. ...
C .-"@ ; i �
pp c
_. r � '� tares' E `t4 :`,' � � �✓ . � „ ' * � . , - '% � .x � " � r�
e
p
w A ,
Page 1 of 1
Rev. 0, 1-10/14