WQCSD0732_NOV and Intent to Assess_20210319

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MICFlAEI S. KEGAN
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Certified Mail # 7017 0190 0000 9569 9029
Return Receipt Requested
quested
Christopher C Lutes
.I lie Trails Property Owners Association
PO BON 3270
Chapel Hill. 1. NC 2 7;15-3270
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Ery ranmcntatQuality
Nlarch 15, 2021
SUI3JECT: Notice of Violation and Assessment of Cis il Penalty
Ibr Violations of North Carolina General Statute (G.S.) I43-215.l (a)(6)
and NPDES \V V Permit No. NC0042285
The Trails Property Owners Association
Trails WM P
Case No. LV-2021-0060
Oranu.e County
Dear Pcimittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount ofS279.53 (S250.00 Civil penalty
S29.53 enibrcement costs) against The Trails Property Owners ;Association.
This assessment is based upon the lollowin<w facts: a review has been conducted of the Discharie.Iunitoring Report
I )Ml R) submitted by The Trails Property Owners :Association for the month oft )ctobcr 2020. This re\ kw has shown
the subject facility to be in violation of the discharge limitations and. or illonitoriiiL' requirements found in NPDES \VW
Permit No. NC0042285. The violations, which occurred in October 2020, are summarized in Attachment A to this letter.
Based upon the above laces, I conclude as a matter of law that The Trails Property Owners Association \ iolated the
t.. rms, conditions or requirements of NPDES \VW Permit No. NC0042285 and G.S. 143-215.1(aX6) in the manner and
extent shown in Attachment A. In accordance NA, ith the maximums established by G.S. 143-2I5.6--1(a)(2), a ciN il penalty
may he assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).

I3ased upon the above findings of fact and conclusions of ]INN', and in accordance with authority proN ided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against The
Trails Property Owners Association:
S 125.00 I of 1 N iolations of G.S. 1 43-2! 5.1(a)(6) and Permit No. NC0042285, by discharging waste water
into the waters of the State in . iolat ion of the Permit Daily Maximum for 130!). 5-I)av (20 1)m C)
- Concentration
S125.00
1 of 1 violations of G.S. 143-215.1(a)(6) and Permit No. NC0042285, by dischart_ing waste water
into the waters of the State in violation of the Permit Daily Maximum for Coliform. Fecal
i\I FC Broth, 44.5 C
S2i0.(i0 'TOTAL CIVIL, PENALTY
S29.53 Enforcement Costs
S279.53 'TOTAL AMOUNT DUE
Pursuant to G.S..143-215.6A(c). in determinimi the amount of the penalty I have taken Into account the Findings of 1 act and
Conclusions of I aw and the Factors set forth at G.S. 14313-282.1(b), which are:
(I) The degree and extent of harm to the natural resources of the State, to the public health, or to pri\ ate property
resulting; from the violation;
(2) The duration and graN ity of the N. iolation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rcetilying the damage;
(5) The amount of money saved by noncompliance:
(6) Whether the violation was committed '. illfully or intentionally;
(7) The prior record of the violator in complyinu or failinu, to comply with program; oN r which the l;nN, ironmental
Management Commission has regulatory authority: and
(8) The cost to the State oldie enforcement proccdnre>.
Within thirty (31)) days of receipt of this notice. you muht do one of the followin+,:
(1) Submit payment of the penalty. OR
(2) Submit a written request for remission. OR
(3) Submit a written request for an adntiniste ati\e hearing
Option 1: Submit payment of the penult):
Payment should be made directly to the order (lithe Department of I-n‘ ironmental Quality (do not include a,ui+.w-
./br,n). Payment of the penalty will not lorcclose further enforcement action for any continuing_ or new yiolation(s).
Please submit payment to the attention of:
Wastewater Branch
Iivision of Water Resources
1617 Mail Sen ice Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the live 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 orally 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 and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes wily you
believe tfi, civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-252. I (b) was 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 evidence presented in support of your request for remission must be submitted in writing. The
Director of'tlle 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 the 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 Committee cannot consider infonuation that was not part of the
original remission request considered by the Director. `lherelore, it is vets important that you prepare a complete and
thorough statement in support of your request for remission.
In order lo request remission. you must complete and submit the enclosed Request for Remission of Civil Penalties
Waiver of Rieht to an Administrative Ifearint,. and Stipulation of Facts" form within thirty (30) clays of receipt of this
notice. The Division of Water Resources also rcc'tests that you corn Acre and submit the enclosed "Justification for
Remission Request.'-
BBoth forms should be submitted to the following address:
Wastewater 13ranch
IDivision of Water Resources
1617 Hail Service Center
Raleigh. North Carolina 27699-1617

Option 3: file a petition for an administrative !tearing with the Office of Administrative I lcarings:
If you wish to contest any statement in the attached assessment document you must fife a petition for an adntinistrati\ c
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) clays of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative 1learings during normal office hours. -I he Office of Administrative
I Icarings accepts filings Monday through Friday between the hours of 5:00 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 (1) copy and a filing fee (ifa filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Bearings within seven (7) business days following the faxed or electronic transmission. Yoa
should contact the Office of Administrative I learinss with all questions regardina the filing fee anti or the details of the
process.
1 he mailing address and telephone and fax numbers for the Office of Administrative I Iearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (I) copy of the petition must also be served on DEQ as follows:
Mr. William 1=. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 (30) da s of receipt of this letter. a, e% iclenccd by an internal
date time received stamp (not a postmark), will result in this matter being referi-ed to the Attorney General's Office for
collection of the penalty through a civil action. Please be ad' ised that additional penalties assessed for violations
occur after the review period of this assessment.
If you ha%e any questions. please contact Joshua l3righain w ith the Division of Water Resources ';111olilte Raleigh
Regional Office at [phone] or via email at joshua.brigham a ncdenr.go%.
Sincerely.
IJie-- Scott Vinson, Regional Super%isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources. NCDI:Q
ATT AC I I M I ENTS
Cc: 1VQS Raleigh Regional Office - Enforcement File
NI'DES Compliance/Enforcement Unit - F.nf"orcement File

JUSTIFICATION FOR ((EMISSION REQUEST
Case Number: LV-2021-0060
Assessed Part}: The Trails Property Owners Association
Permit No.: NC00-1 2S5
County: Oranee
;mount Assessed: 5/79.53
Please use this loth 11 hen requesting remission ission of this ci il penalty. You must also complete the "Requeq For RLutt,sinn,
11 Uirr;-of Right to an ;1cfniiiiistroliic hearing, and Stipulation of ['an .)" form to request remission of this civil penalty.
You should attach any documents that you believe support )our request and arc necessary for the Director to consider in
c‘ aluating your request for remission. Please be aware that a request for remission is limited to consideration of the lire
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 w hether the ‘iolation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G_S, 5 1 1313-282.I(c), remission of a civil
penalty may be granted only when one or Iliore of the follow ing live factors apply. Please check each factor that you
belie e applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (a.Licli additional pages as needed).
(a) one or more of the cis il penalty assessment factors in N.C.G.S. 14313-2S2. I (b) were wrongfully applied to the
detriment of the petitioner (the asse,,sinc111 factors are listed iii the civil penalty assessment document);
(b) the \ iolator promptly abated continuing environmental damage resulting from the violation (i.e.. e.V/)/Uin the
at.ya, that you tool, to Co1TCcl the violation and hrerent fiilttre occurrences);
(c) the N iolation was inadvertent or a result of an accident (i.e., o.17)1ai1i nlrr the violatir)ri was unavoidable or
.something you eoiild not prevent or prcJrcir_ fi,r);
_ (d) the violator pact not been assessed tit it penalties for any previous joint ions;
(c) payment of the civil penalty will pre\ ent payment for the remaining necessary remedial actions (i.e., LAplaiu
11ow/wiiriti42iit of the chi/pow/tr. wit/prevent you .from /)L1./ili'111i1ig the activities + neec'.5'.,'[11T to achieve
cony 'licucc).
EXPLANATION:

S IA'I'I'. OF NORM CAROI_INA D1=PART111;N 1' OF ENV; RO`' .'l:N'I'AI. QUALITY
Y
COUN l Y OF ORANGE
IN ITIE MATTER OF ASSESSMENT
OF CIVIL_ PENALTIES AGAINST
The 'Trails Property Owners Association
Traits WV.X'1'P
PERl1IT NO. NC00-12285
WAIVER OF RIGIFI' TO AN
AUiIlNISTRA7'IVl: HEARING ANI)
STIPUL:17'ION OF FACTS
CASE NO. LV-2021-00(f0
flaking been assessed civil penalties totaling_ S279.53 for violation(s) as set forth in the assessment document of the Division
of i1'atcr Resources dated March 15, 2021, the undersigned, desiring to seek remission oldie civil penalty, does hereby waive the
riffnt to ar: a(hninistratil e hearing in the above -stated matter and does stipulate that the hKt, ate as alleged in the assessment
document. TI.e undersigned further understands that all C1 i(lencc presented in support of remission of this civil penalty must
be submitted to the Director al'tlie I)ik ision of Water Resources NA itltin thirty (30) days or receipt of the notice of assessment. No
new evidence in support of a remission request will be allo« ed after (30) days from the receipt oldie
not ice of assessment.
1 his the day of , 20
SIGNATURE
,\DDRESS
TELEPHONE
IONI_

PERMIT: NC0042285
FACILITY: Trails WWTP
LIMIT VIOLATION(S)
ATTACHMENT A
The Trails Property Owners Association
CASE NUMBER: LV-2021-0060
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
REGION: Raleigh
COUNTY: Orange
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
10/28/2020 10-2021 BOD, 5-Day (20 Deg, Weekly mg/I 7,50 10,3 37.3 Da ty
C) - Concentration Maximum
Exceeded
5125.00
10/7/2020 10-2020 Coliform, Fecal MF, Weekly i*1100m1 400 880 120.0 Daily
MFC Broth, 44.5 C Maximum
Exceeded
S125.00

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