NC0041718_Enforcement_20100226

Beverly Eaves Perdue
Governor
North Cliarolint
NCDENR
—"ailment olEnvlronment and Natural Resources
Division of 'Water Quality
Coleen H, Stillins
Director
.February 26, 2010
CERTIFIED N1A1L 7008 1140 0002 2716 8182
RETURN RECEIPT REQUESTED
Mr, David Amaral
Davidcyn Apartments
48708 US 52 HWY N 49251-49265
isenheimer, North Caroli na 28109
SUBECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N,C. General Statute
143-215.1(a)(6) and NPDES Permit No. NC0041718
Davidcyn 'Apartments WWII)
Stagily County
Case No. LN1-2010-0007
Dear .Mr. Amaral:
Doe Freeman
Secretary
fhis letter transmits a Notice of Violation and assessment of civil, penalty in the amount of $485,37
($400.00 civil penalty -t- $85.37 enforcement costs) against Davidcyn Apartments.
This assessment is based upon the following facts: A review has been. conducted (Attie self -monitoring
data reported for November 2009. 'f his review has shown the subject facility 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, I 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-
215,100) 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, 1, .Robert B. Krebs, Surface 'Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment. against Davidcyn Apartments:
Mooresville Regional ()like
Loctitiorr 6:10 East (Senter s‘ves Suite 301 Mooresville. NC: 28115
Phones (1704)663-1699 s Fax: [phone] ()owner ,Services 1-571-623-674-S1
1rIter net )1tr:Itcrosizisszte.rtt ,olninnybnwq
NorthCiatolina
/.47turally
An 'Apart Opporromty Ifinnm Act lop Employer - Recycled/1E% 0omt C016,,ina paper

100.00 _ of the one 11 violation of 13,S. 143-215.1(a:hid) and
NPDES Permit No, NC(1041718, by dischargirtg Avaste into the,
svaters of the State in violation of the pennit daily maximuni
eftMent limit forI3011
_250,0(
'50
00,00
For 1 he one (1) violation o I G.S, 143-215,1(a)(6) and
NEDFS Permit No, NC:0041718, by discharging sivaste into the
waters of die State in violation of the permit nionthly average
effluent lintit f1r1311D.
For of the one violation oil G,S„ 143-215.1(a)(6) and
NPDES Permit No, NC0041718, by failing to nionitor in violation
of thie permit effluent monitoring frequency recpairetnent for pll,
TOTAL LTVIL:.PEN.ALTY
tb'gt8:.
TOTAL A.M.OU.NT :DUE
Pursuant to G,S, 143-215.6A(e), deterrnining the amount of the penalty have taken into account the
Eirtdirigs of Fact and Conclusions of Law and the factors set forth at G,S, 143B-282.11b), which are:
(I) degree and extent of harm to the natural resources of the State, to the 1 health, or to
private property resulting from the violations;
12) The duration and gravity t3f 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 noricornpliance;
(6) Whether the violations were conmaitted willfully or intentionally;
17) The prior record of the violator in complying or failing to comply svith programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enfo te em,ent procedures.

Within thirty days of receipt of this noticcou MILSt do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver fOrtn).. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violations).
Please submit payment. to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:
Please he 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) occurrcd
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 he 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 \vhy 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 he
approved, the following factors shall be considered:
whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(h) were.
wrongfully applied to the detriment of the petitioner:
(2) whether the .violator promptly abated continuing environmental damage resulting from
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 information presented in support of your request for remission must he
submitted in writing. The Director of the Division of Water Quality will review your evidence
and inform you °fins decision in the mat -ter 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 he advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
iinportant 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" t'ortri 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 27699-161 7
File a petition for an ad iinistrative hearing with the Officeof Administrative Hearings:
If ouwish to contest an statement in the attached assessment document you must tile a petition for an
administrative .hearing„ You may. obtain the petition fonn 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 tiled when it is 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 petition May
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed
original, one ( I) copy and a :filing' fee (if a filing fee is required by NCGS §:15013-23.2) is received in the
Office of Administrative 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
filing fee and.: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, NC 27699-6714
-Fel: [phone]
Fax: [phone]
One of the petition . - .st also be served on DENR. as follows:
.:Mary Penny Thompson, General Counsel
D FN R
1.601 Mail Service Center
Raleigh„ NC 27690-1601
Failure to exercise one of the options. a.bove within thirty (30) days of receipt of this letter, as evidenced
by an internal dateltime 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 en il action.

Pleas be ,1%i ; .d that additional pertahic s- rrr y° b a,sess d fear violations that r,cent alter the r
iced of this asse srrn nt. It the violations are c, `a Lont nuin natur w not related to ,operation andlor
i.ntenance pruubl; rn , and a anti ,i at ° r t dial construction activities, then von may wish to consider
ipplying for a Special Order hs Consent, ll" ,ou have any ctttestir,ns about this civil penalty assessment or
Special Order by cons nt, please contact the e t r c u lit ° Section staff of the Mk rq:„s:ville Regional ll at
tt °°f 3- l 6 .
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF STANLY
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGM-NS r
DAVIDCYN APARTMENTS
PERMIT NO. NC0041718
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
ST1PI ILATION OF FACTS
FILE NO, FM-2010-0007
,
Having been assessed civil penalties totaling $ 485.37 for violationts) as set forth in the assessment
document of the Division of Water Quality dated February 26, 2010, the undersigned, desiring to seek
remission of the civil penalties, does hereby Waive the right to an administrative hearing in the above -stated
matter and does stipulate that the facts are as alleged in the tissessment document, The undersigned further
understands that all evidence presented in support of remission of this civil penalty must be submitted to the
Director of the Division of Water Quality within 30 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.
This the das of
BY
ADDRESS
. 2010
TEEEPITONE

DWQ Case Number:
Assessed Party:
County:
Permit Number:
Amount. Assessed:
JUSTIFICATION FOR REMISSION REQUEST
LM-2010-0007
Davidcyn Apartments
Stardy
NC0041718
S485.37
Please use this form when requestingremission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an ,4dministrative Heariji,g. and Stipulation of Facts' 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 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. §143B-282.1(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 penalty assessment factors in N.(_,G.S. 143B-282.1(h) were wrongfully
applied to thL detri en - „etitioner (the assessment facJors are listed in the civil penalty assessment
document);
(b) the violator promptly abated continuing environmental damage resulting from e violation (i.e.,
explain the sleps that you took to correct the violation and prevent juture occurrences);
(c) the violation was inadvertent or a result of an accident (Le., explain why the violation was
unavoidable or something you could not prevent or prepare . ;
(d) the violator had not 'beet assessed civil p naltlLs for any previous violtitions;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions
,explain how payment of the civil penalty will prevent you Irom piJorniug the activities necessary to
achieve compliance),
EXPLANATION: use additional pages as necessary)

Violator:
Facility:
County:
Case Number:
NORTH CAROLINA D
Davidcyn Apartments
Davidcyn Apartments W WTl'
Stately
LM-2010-0007
Permit Number: NC0041718
VISION OF WATER QUALITY
ASSES ENT FACTORS
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; however, BOD daily maximum and monthly average limit violations
would indicate that downstream impacts are likely due to lowered dissolved oxygen levels in the stream.
Stess on aquatic life would be predicted as a result of the discharge. Monitoring for pH was not
conducted at least once weekly as required during the week of November 15-21, 2009.
2) The duration and gravity of the violation;
The daily maximum violation occurred November 4, 2009 . The daily maximum limit violation was.
significant enough (165% over the Limit) to cause the monthly average limit to be exceeded by 32%.
Monitoring was not performed weekly as required for ply the week of November 15-21, 2009.
3) The effect on ground or surface water quantity or quality or on air quality;
No impacts on the ground water or air quality or quantity are expected. Surface water quality was likely
compromised by the discharge. Stress to aquatic life would be expected due to depleted dissolved
oxygen in the receiving stream. Because pH was not monitored the week of 1 1 /15-21 109, there is no
record of compliance to show that the facility did not have an adverse impact on the receiving stream.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
No monetary amount is available, some money could have n
monitoring for pH.
6) Whether the violation was committed willfully or intentiona
The violation does not appear to be willful or intentional.
bee
aved for failing to conduct the required

7) The prior record of the violator in complying or failing to comply with programs over NV hich the
Environmental Management Commission has regulatory authority; and
Case Number J Description
I,V-2010-0017 $535,,37 for BOD violations in 10/09. Case open
8) The cost to the State of the enforcement procedures.
Staff preparation of° enforcement package: 1 hour at $32,54/hour
SWP Regional Supervisor review:
Clerical Support:
Total:
Date
1 hour at $37.83ihour
1 hour at $15.00/hour
$85,37
RO Supervisor
Divisitin. of Water Quality

MONITORING REPORT(MR) VIOLATIONS for:
Permit: % Rs Between:
Faculty Na t x Par m Name. %
Major. tvt
PERMIT: NC0041718
2009 and 1
FACILITY: Davidcyn Apartments -Davidcyn Apartments
Report Date;. 02108/10 Page: 21 of 24
n Cats gaary: L,r tt Vtotation Program Cater
Subbasirl: \lolatiorr ti
COUNTY: Stanly
NPDES
REGION: Mooresville
Limit Violation
MONITORING OUTFALL
REPORT PPI LOCATION PARAMETER
11 _2009 001 Effluent
11 -2009 001 Effluent
fyldn41nh V+p)w
11 -2009 001
L Pr) W) ©- 0097
BOD, 5-Day (20 Deg. C) -
Concentration
BOD. 5-Day (20 Deg, C) -
Concentration
Effluent Chlorine, Total Residual
11 -2009 001 Effluent Chlorine, Total Residual
11 _2009 001 Effluent Chlorine, Total Residual
11 -2009 001 Effluent Chlorine, Total Residual
11 -2009 001 Effluent Chlorine, Total Residual
11 -2009 001 Effluent Chlorine, Total Residual
VIOLATION
DATE FREQUENCY
11/04/09 Weekly
LIMIT
25.5
11/30/09 Weekly mg/I 17
UNIT OF
MEASURE
11/02/09 2 X week ug/1 17
11/06/09 2 X week ug/I 17
11/09/09 2 X week ug/I 17
11/12/09 2 X week ug/I 17
11/16/09 2 X week ug/I 17
11/24/09 2 X week ug/I 17
11 -2009 001 Effluent Chlorine, Total Residual 11/30/09 2 X week ug/1 17
G-IJ `'LP O0)'1 4 S 6S . 31 DP' --
PERMIT: NC0044024 FACILITY: City of Albemarle - Highway 52 WTP
CALCULATED
VALUE VIOLATION TYPE VIOLATION ACTION
67.5 wily Maximum Exceeded None 1d © it
22.45 3Z Monthly Average Exceeded None i s 7
25 Daily Maximum Exceeded No Action, BPJ
32
22
32 Daily Maximum Exceeded No Action. BPJ
37 Daily Maximum Exceeded No Action, BPJ
18 Daily Maximum Exceeded No Action, BPJ
24
Daily Ma
um Exceeded No Action, BPJ
Daily Maximum Exceeded No Action, BPJ
Daily Maximum Exceeded No Action, BPJ
COUNTY: Stanly REGION: Mooresville
Limit Violation
MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE VIOLATION TYPE VIOLATION ACTION
11 -2009 001 Effluent Chlorine, Total Residual 11/05/09 2 X month ug/1 17 1t3 Daily Maximum Exceeded No Action, BPJ
11 -2009 001 Effluent Flow, in conduit or thru 11/30/09 See Permit mgd 0.114 360 Monthly Average Exceeded None
treatment plant