NC0071528_Enforcement_20020827

I F. Easley
Governor
William G. Ross, Jr,,Seaetary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, Director
Division of Water Duality
August 27, 2002
CERTIFIED MAIL 7001 2510 0005 0288 0111
RETURN RECEIPT REQUESTED
Mr, Rob Powell
Lake Norman Woods Homeowners Association
P.O. Box 321
Sherrills Ford. NC 28673
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations ofNC. General Statute
143-215.1(a)(6) and NPDES Permit No. NC0071528
Lake Norman Woods WWTP
Case No. LV 02-351
Catawba County
Dear Mr. Powell:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $585.45 ($500.00 civil penalty + $85.45 enforcement costs) against the Lake Norman Woods
Homeowners Association.
This assessment is based upon the following facts: A review has been conducted of the
discharge monitoring report (DMR) submitted by the Lake Norman Woods Homeowners
Association for the month of April 2002. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NC0071528. The violations
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Lake Norrnan Woods
Homeowners Association violated the terms, conditions or requirements of NPDES Peiniit No.
NC0071528 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. D. Rex Gleason, Water Quality Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against the Lake Norman Woods Homeowners Association:
Customer Service
1 800 623-7748
Mooresville Regional Office, 919 North Main Street, Mooresville, NC 2.8115 PHONE [phone]
FAX [phone]

85.45
For / of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0071528, by
discharging waste into the waters of the State in
violation of the permit daily maximum effluent
limit for Biochemical Oxygen. Demand.
For ( of the one (1) violation of G.S. 143-
215.1(a)(6) and NPDES Permit No. NC0071528, by
discharging waste into the waters of the State in
violation of the permit daily maximum effluent
limit for Fecal Coliformr
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken
count the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
1 (b), which are:
(1) The degree and extent of harm 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 damage;
(5) The amount 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 programs
over which the Environmental lvlanagement 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:
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 form). 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 Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
2. Submit a written request for rerac fission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
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 there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and
a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-2.82,1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violations;
(c) the violations were inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violation;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Ms, Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His 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. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
OR

Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes, You must:
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan Oakley, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty.
Please be advised that any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty. If you have any questions about this civil
penalty assessment, please contact the Water Quality Section staff of the Mooresville Regional
Office at 704/663-1699.
12 2_,D 2_
(Date) D. Rex eason, P.E.
Water Quality Regional Supervisor
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/ attachments
Central Files w/ attachments
RMB

Attachment
e1' o Woods Homeowners Associaon
NPDES Permit No. NC0074528
Case Number LV -5
Violations, April 2002
Para eta
Daily Maxi Limit Violations
Reported Value
Biochemical Oxygen Demand 31.9
Fecal Coliforrn
22.5
Units
5 400 10 ml
* denotes assess eat +n ivil penalty.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF Catawba
IN THE MATTER OF ASSESSMENT
CIVIL PENALTIES AGAINST
Lake Norman Woods Ho
PERMIT NO. NC007152
own
WAIVER OF RIGHT TO AN OF
ADMINISTRATIVE HEARING
AND STIPULATION OF FACTS
Association )
FILE NO. LV 02-351
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Division of Water Quality dated
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 assessment 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 day of , 2002
BY
ADDRESS
TELEPHONE

n
Effluent \ NOES NO. NC0071528 DISCHARGE NO.: OM
FACILOY NAME: Lake Norman Woods Home Owners' Assoc.
OPERATOR IN RESPONS1ELE CHARGE. (DRC) Jerry Rogers
Month: A
GRADE
Certified Laboratorips„,_,_ Statesville Analytical, Inc, (State ID# 440
C.I...VIONI.?„10,..
CHECK BOX IF ORC NA S C144FslIp , PERSON(S) COLLECTING SAMPLES
si 0RIGNA1 arni ONE. -0 )5 tw,
ATTN. CENTRAL FILE
Div, of IA/awl Quality
DENR
1617 Mail Service Center
RALEIGH NC 27699.1617
H R
9 7 4 0
2 I 87 0
0
0.5
0,5
93C, I 0.5
9.05, 0.5
5 9.2C I
14:25 I 0.5
10:20 0.42
19 10:10 0,3
1: 10:00 I 0.5
12 11:3C 0.5
10
14
16
17
0
Q
I E
Y
2002
50050 030 I,. 00015
sixav
EFF -
11,4
>-
MCD
0.00
19
5
50060
Ill
191
a 0
er. 0
I uNrm
7.5 0,6
I 06
0,7
0.6
Year: 2002
CLASS 11
Jerry Rogers
2,0 5
(SIGUATURE.9F 0PER.tbR IN RESPONSIBLE CHARG .47'"'""e
Bn7HIS SIG U THAT THIS REPORT IS
ACCURATE AND COMPLETE TO THE BEST OF MY KHowLEDG I
0 .
,0 04
00530
cj
19
0
1.1.1
G. 7
01 0
1919
7 V)
CC
0
1-
m 5241, I M0. MG1L.
3.77
1.46 17.6
022
6.8
6
ifJ1000AL
DISSOLVED OXYGIElq
t.3
7
67
19
20
2,
22 15:10
9:20
24 9-740
11:30
26 14.00
27
28
14:00 1 2.5
1.1700 1 0.5
9.30 1 0.5
9:10
0,3
0.5
0.5
0.5
P.67
0,5
0,5
0,002
0.002
7.5
0.4
0.7
0.4
L1.07
19.5 I 7,3 0.7 416
0.6
1,68
0.45
10.5
13.6
2 7.3
29
03 9:55
31
AVERAGE
9:10 1 0.5
0,42
2
0.002
0.5
16.7 7,6 0.6 <2.0
0,58
10.6
7.3
0,78 12,3 10 7.06
MAXIMUM
MINIMUM
CornotC /Grab(G)
Monthly LimII
DEM orr7-. MR-1 t1.2.793';
0.002
is 0.001
Instant
0.7 3/9 1.66
7.3 0,4
0.025 1 I
022
41
15.0 4.0
17.6 560 7.3
6.8 e.1 6,7
30,0
200/400 1 > 6

Perrnat N
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — F
During the period beginning on theeffective date of this permit and lasting until expiration, the Perrnittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Perrnattee as
specified below:
ErFLUENT
CHARACTERISTICS
TS
NITORING REQUIRE NT
ontiiy Daily
Averas a axiu
easuremen
Frei uency
Sarnpie Type
Sample i.r cation
Flow
BOD, 5-day (20°C
215 IiGD
ekly lnstantaneeu
Influent or Effluen
Grab Effluent
Total Suspended Reslru
g!L
45.E rng/L
Grab Effluent
NH; asN
4>0 rt�gl
eekly
Grab
uent
ved Oxygen'
ek
y
Grab
uent
Fecal C
and
200 i 1
4Cl0/1+
ekly
Grab
uent
Total Residuai Chlorin
meek
u
Tercerature
ek
y
Grab
u
ekly
Gra
.FootSlotes:
1. The daily average dissolved oxygen effluent concentration shall not be less than 6.0
2. The pH shall no
e less than 6.0 standard units nor greater than 9.0 standard units,
Effluent
There shall be no discharge of floating solids or visible foam in other than tra
t..lnts

Facility Status, (Please check one of the following)
monitonng data and sampling frequencies meet permit requirements
Cotpl
All monaonng data and sampling frequencies do NOT meet permit requirements
Noncompliant
If the facility is noncompliant, please comment on corrective actions being taken in respect to equipment, operation„ maintenance, etc„ and a time table for
irnorovernents tri Po made,
oertOy, under penalty oftaw, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to
assure tnat qualified personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who manage the system, or those
persons directly responsible for gathering the information, the Information submitted is, to the best of my knowledge and belief,. true, accurate, and complete, 1 am
aware that there are significant penalties for submitting faise information., including the possibility of fines and imprisonment for knowing violations.'
P errnrrtee Address
00010 Temperature
00076 Turbidity
00080 Color (Pi -Col
00632 :Color (ADMI)
C0095 Conductivity
00300 Dissolved Oxygen
02310 EC:`,5
00340 COD
00400 pH
00530 Total Suspended
Residue
00545 Settleable Matter
,....„--g.erniittee (Please prim r
Signature of Perm/dee"
00556 Oil & Grease
00600 Total Nitrogen
00610 Ammonia Nitrogen
00625 Total Kielethal
Nitrogen
00630 Nitrates/Nitrites
00665 Total Phosphorous
00720 Cyanide
00745 Total Sulfide
00927 Total Magnesium
00929 Total Sodium
00940 Total Chloride
Parameter Code assistance may obtained by calling the Water
", d.•4 t
Phone Number
' Cr- -5-7
PARAMETER CODES
00951 Total Frouride
01002 Total Arsenic
01027 Cadium
01032 Hexavalent Chromium
01034 Chrornrurn
0103T Total Cobalt
01042 Copper
01045 iron
01051 Lead
Date
01067 Nickel
01077 Silver
01092 Zinc
01105 Aluminum
01147 Total Selenium
31616 Fecal Coliform
32730 Total Phenolics
34235 Benzene
34481 Toluene
38260 MBAS
39516 PCBs
50050 Flow
City Compliance Grotto at [phone], extension 581 or 534,
56060 Total
Residual
Chlonne
71880 Formaldehyde
71900 Mercury
81551 Xylene
The monthly average for
permr: for reporting data,
is to be reported as a GEOMETRIC rnean, Use only Lints designated in the
"CRC must visit facility :and document visitation of facility as required per 15A NCAC 8A.0202 (b) (5) (5),
—it signed by otner :Man the berm -thee, delegation of signatory authority mus. be on file With the state per 15A NCAC 250
g facility's

Fast Track Worksheet
Case Number
Facility Name
LV
Lake Norman Woods WWTP
Permit Number{NCOO7
Previous Case
in the Last
two years
Yes
Number of Assessment
or previous 6
Statutory Maximun
per violation
Rs
0 ©3 0
0
1.00
$25,000
Total Assessment Factor
Exit
Number Number
Violations Assessed
Comments
Parameter
BOD5
Fecal Coliforrri
Violation
Weekly avg/daily
max
Weekly avg/daily
max
Penalty/
Violation
$250
$250
Total
Assessment
Factor Total Penalty
Grand Total Penalty
Percent of the Maximum Penalty
Authorized by G.S. 143-215.6A.
$250.00
$250.00
$500.00
1.00
Review month = April 2002
Prepared by Richard Bridgeman