NC0041718_Enforcement_20080707

Michael F. Easley, Govern
William G. Ross Jr., Sccrcta
North Carolina Department of Environment and Natural Resources
(Aileen Sullins.. Director
Division of.Water Quality
July 7, 2008
CERTIFIED MAIL 7007 1490 0004 4509 5522
RETURN RECEIPT REQUESTED
Mr. David Amaral
Davidcyn Apartments
48708 US Hwy 52 N. 49251-49265
Misenheimer, North Carolina 28109
SUBJECT: Notice of Violation and Assessment of Civil
Penalty fin- Violations of N,C. General Statute
1.43-215.1(a)(6) and NPDES Permit No. NC0041718
Davidcyn Apartments WWIP
Stanly County
Case No. LAT-2008-0229
Dear Nir. Amaral:
This letter transmits a Notice of Violation and assessment of civil penalty in .the amount
of $333.89 ($250,00 civil penalty + S83,89 enforcement costs) against Davidcyn Apartments.
This assessment is based upon the .following facts: A review has been conducted of the
self -monitoring data reported for March 2008. 'This review has hown the subject fncility to be in
violation of the discharge limitations found in NPDES Permit No. NC0041718. The violations
are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Davidcyn Apartments
violated the terms, conditions, or requirements of NPDES Permit No. NC0041718 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 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 of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against Davidcyn Apartments:
„47.471
,Vaturally NCDENR
N. C. Division . \Valet Quality, iMooresville Regional Office, 610 F. Center A.ve. S4ffl130 Mooresville NC 28115 (704) 663-1.699 Customer Service
1-87-6'23-6748

250.00
For 1 of the one (1) violation of Ci.S. 1.43-
215.1(a)(6) and NPDES Permit No. NC0041718, by
discharging waste into the waters of the State in
violation of the permit monthly average effluent
limit for ammonia nitrogen:
250.00 TOTAL CIVEli PENALTY
83.89 Enforcement costs.
33189 TOTAL AMOUN DUE
Pursuant to G.S. 143-215,6A(c), in determining the ainount of the penalty 1 have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at (1:S. 143B-
282:1(b), \ A hich are:
(1) lEe degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting front the violations;
(21 1 he duration and gravity of the violations;
(3) "f he effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved. by noncompliance;
(() Whether the violations Were committed V lifully or intentionally;
(7) The prior record of the violator in coinplying or failing to comply with programs
over which the Environmental Ils,4anagement Commission has regulatory authority;
and
The cost to the State of the enforcement procedures.
(8)
Within thirty days of receipt of this notice, y 011 must do 4)IIC of the following:
1. Submit payment of the penalty:
Payment should he made directly to the order of the Department of Enviromnent
and Natural Resources (do not inc Jude waiver forin). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of
Point Source CompliancelEufbrcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR

Submit a written request for remission including. a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five
factors listed below as they inay 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 of any of the factual statements
contained in the civil penalty assessment document. Because a remission :request
forecloses the option of an administrative hearing, such a request must be
accompanied by a 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 Quality at the address listed below. In
determining whether a remission request will be approved, the following factors
shall he considered:
(1)
(3)
(4)
(5)
whether one or more of the civil penalty assessment factors in G.S. 143B-
282. 1 (b) were wrongfully applied to the detriment of the petitioner;
whether the violator promptly abated continuing environmental damage
resulting fromthe violation;
whether the violation was inadvertent or a result of an accident;
whether the violator had been assessed civil penalties for any previous
violations; or
whether payment of the civil penalty will. prevent payment for the
remaining necessary remedial actions.
'Pleasenote that all :information presented in support of your request for 'remission
must be submitted in writing. The Director of the Division of Water Quality will
review your evidence and inform you of his decision in the matter of your
remission request. The response will provide details rciiarding case status,
directions for payment, and provision .for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty
Remissions (Com:mittee). 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 veiy 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. The Division of Water Quality
also requests that you complete and submit the enclosed "Justification for
Remission Request." Both forms should be submitted to the following address:

Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 itis received in the Office of
Administrative Hearings during normal 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 ofAdministrative
Hearings. The petition may be faxed — 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 Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-671.4
Telephone: [phone] :Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
'Ms, 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-thisletter) on the
petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter,
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 confirming nature, not related to

operation and/or maintenaneeTroblems, Lind you anticipate remedial construction activities, then
V10.1.1 may 'wish to consider applying for a Special Order by Consent. If yotrhave ans uestions
about this civil penalty assessment or a Special Order be Consent., please contact the Water
Quality Section staff of the Mooresville Regional Office at 7049663-1699,
ATTACITMENTS
Robert B. Krebs
Regional Supervisor
Surface \\rater Protection
Ntooress tile Regional Office
Dittision of Water Quality
cc: Wtiter Qu htv ReLrional Supervisor s antic:lin-lents
ComplianeetEnforcentent File wl attachments
Central Files wl attaehnents

Outl it
0 1 ,1 08
.`1'' . '.- C.: - 'IEl"T
ASS_ NO. l '-2008-0229
Par' .)
Reported a
rogen r.0 mg/1
penalty ass . rrrerrt
4 .() t.lr3)

STATE OF 'NORTH •CAROLINA. DEPARTMENT.QFuENVIRONMENT
ANDCNATEJRAL•R,E$QURCES
C0ILINIA70E
INiTHE,N4ATTER'017 ASSESSIk4ENT
OF CIVIL PEN.:ALTWAG.i‘INST
.APARTMENTS
PERMIT NO, NE0041718
OF
ADMINISTRATIVE .fititAREiiliG AND
FILE NO, IN-20084)229
litaving been assessed civil penaltie,s totaling $ 333.89 for vtolation(s) as set forth in the
assessment docutnent of the Envision of Water Quality dated July "7,, 2008, the undersigned,
desiring to seck rentission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated miitter anti does stipulate that the facts are as alleged in the
assessillent docuinent, The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director (if the Division tif
Water Quality within 30 days of receipt of the notice of assessment, No new evidence in support
of a remission request i11 be alloed after 30 days froin the receipt of the notice of assessment.
This the
dai,, Of
• • ,.ADDRESS
BY
2008

IMQ Case Number:
Assessed Party:
Counq:
Permit Number:
Amount Assessed:
T S'
CATION FOR REMISSI
LV-2008-0229
Davidcvn Apartments
Stanly
NC0041718
$333.89
N REOUES
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request .For .Remission, Vfr'iliver of Right to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and arc 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 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.C.G.S. § 14313-282i (e), remission o la civil penalty may he 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 penalty assessment factors in N.C.G.S. 143B-282, (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b.) e violator promptly abated continuing cnvuonmental damage resulting from the
violation (Le, explain the steps that you took to correct the violation and prevent future
occurrences):
(c) the violation was inadvertent or a result of an accident (i. e.. explain -tv hy the violation
WaS unavoidable or something you could tu)t prevent or prcparefOr);
(d) theotator had not been assessed civil penalties for anv -evio s violations:
(e) payment of the civil penaltv willprevent payment for the remaining necessary
remedial actions explain how payment of the civil penalty will prevent youtrom performing the.
activities neCeSSary to achieve compliance
EXP.ANATION: (use additional pages cis necessary)

Violator:
Facility:
County:
Case Number:
NORTH CAROLINA DI`
'ON OF WATER OUAUT4
Davidc.vn Apartments
Davidcyn Apartments WWII
Stanly
LV-200870229
Permit Number: NC0041718
ASSESSMENT FACTORS
The degree and extent of harm to the n
health, or to private property resulting
ural resources o the State, to the public
om the violation;
No harm has been documented; however, ammonia. nitrogen bait violatio
nutrient addition in the receiving stream, decrease in in -stream dissolved o
on. aquatic life.
lead to increased
and toxic impact
2) The duration and gravity of the violation;
file violations occurred from March 19 through 31, 2008 due a Toss of nitrification in the 'WWTP,
The effect on ground or surface water quantity or quality or on air quality;
No effect is expected on ground water or air quality. Surface waters could have been impacted by
increased ammonia in the receiving stream and the subsequent toxicant impact on aquatic life,
decrease in available oxygen, and an increase in nutrients.
The cost of rectifying the damage;
The cost is unkno vn,
5) The amount of money saved by noncompliance;
No rn.one
appears to :have been saved by. the noncompliance.
6) Whether the violation was committed willfully or intentionally;
The violation does not appear to he willful nor intentional.

fhe prior record o the ato iu comp or failing to comply with programs
over eh the Env room e t l 'ianagement ComCommissionhas regulatory authority;
and
No civilpenalty assessor
hake bee
u aainst the curr-e�
The cost to the State of the enforce +e t procedur
The cost to the Moo
e Regional
89,
pern
lti supervisor
Division o __

MONITORING REPORT(MR) VIOLATIONS for:
Permit: MRs Between3-2008 and
FadMy Name 04 Param Name: %
Major Minor %
Report Date: 06/02/08 Page: 13 of 15
3.2008 Region: Moore$vele Violation Cate9Ofy LWfl ViOtatiori Program Category: NPIDES kANV
County % Suobasin: % Violation Actioov %
PERMIT: NC0041718
FACILITY: Davidcyn Apartments - Davidcyn Apartments
COUNTY: Stanly
REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
REPORT PP1 LOCATION PARAMETER
03-2008 001 Effluent Chlorine, 'Total Residual
03 -2008 001 Effluent Chlorine, Total Residual
03 -2008 001 Effluent Chlorine, Total Residual
03 -2008 001 Effluent Chlorine„ Total Residual
03 -2008 001 Effluent Chlorine, Total Residual
03 -2008 001 Effluent Chlorine, Total Residual
03 -2008 001 Effluent Chlorine, Total Residual
03 -2008 001 E uent Chlorine, Total Residua(
03 -2008 001 Effluent Chlorine,. Total Residual
03 .2008 001 Effluent
Nitrogen, Ammonia Total (as
N)
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE
03/03/08 2 X week ug/I 17 550
03/07/08 2 X week ug/I 17 720
03/10/08 2 X week ug/I 17 410
03/13/08 2 X week ugll 17 560
03/17/08 2 X week ug/I 17 260
03/18/08 2 X week 11 g /I 17 770
03/24/08 2 X week ugll 17
03/28/08 2 X week ug/1 17
03/30/08 2 X week ug/I 17
03/31/08 Weekly mg/I 4
1,210
830
370
6 16
VIOLATION TYPE
VIOLATION ACTION
Daily Maximum Exceeded None Aip
Daily Maximum Exceeded None IV P v
Daily Maximum Exceeded None rt/
Daily Maximum Exceeded None kt t)
Daily Maximum Exceeded None 1\11)1,1
Daily Maximum Exceeded None t\34
Daily Maximum Exceeded None NI) V
Daily Maximum Exceeded None k2 V
Daily Maximum Exceeded None r‘i V
Monthly Average Exceeded None
9
3 112
PERMIT: NC0024333
FACILITY: City of Monroe - Monroe WWTP
COUNTY: Union
REGION: Mooresville
Limit Violation
MONITORING OUTFALL
REPORT PPI LOCATION
03 -2008 001 Effluent
PARAMETER
Cyanide, Total (as Cn)
03 -2008 001 Effluent Cyanide Total (as Cn)
VIOLATION
DATE FREQUENCY
03/05/08 Weekly
03/08/08 Weekly
UNIT OF CALCULATED
MEASURE LIMIT VALUE
ug/I 22 43
ug/I 5 2 43
VIOLATION TYPE VIOLATION ACTION
Daily Maximum Exceeded None
Weekly Average Exceeded None