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Home My WebLink AboutNC0057720_Remission Decision (LV-2020-0351)_20210416 ROY COOPER Governor DIONNE DELLI-GATTI S(Crc'ta1.V str- S. DANIEL SMITH „ ••+4 Director NORTH CAROLINA Environmental Quality April 16, 2021 CERTIFIED MAIL #70181830000180370984 RETURN RECEIPT REQUESTED APEX Bank do Emily Moore, Commercial Lending Dept. Admin. 430 Mointbrook Lane, Suite 207 Knoxville, TN 37919-2705 SUBJECT: Transmittal—No Remission of Civil Penalties Case Number LV-2020-0351 for Hidden Lakes Village MHP WWTP NPDES Permit NC0057720 Stokes County Dear Permittee: The Division has considered the information you submitted in support of your request to remit civil penalties in the subject case. In accordance with NCGS 143-215.6A(f), the Division has found no cause to remit the original civil penalty assessment of$594.99 [$500.00 plus $94.99 enforcement costs]. Your outstanding balance is therefore $594.99. This amount is now due and payable. Two options are available to you: 1) You may pay this balance. If you decide to pay the penalty, please make your check payable to the Department of Environmental Quality(DEQ). Send payment, within thirty(30) calendar days of receiving this letter, to: Attention: Wren Thedford NCDEQ/DWR/NPDES NPDES Unit 1617 Mail Service Center Raleigh,North Carolina 27699-1617 Your payment must be submitted within thirty(30) days of this letter in accordance with NCGS §143- 215.6A (f). If not received, your request for penalty remission(with its supporting documents), together with DWR's recommendations, will be delivered to the North Carolina Environmental Management Commission's (EMC's) Committee on Civil Penalty Remissions (the Committee) for final agency decision. OR �D C CO North Carolina Department of Environmental Quality I Division of Water Resources w.rr� �✓ CAn AC n7/.nn A&A7 a n 7117 OCAC 2) If you desire to make an oral presentation to the Committee on why your request for remission meets one or more of the five statutory factors you addressed, you must complete and return the enclosed form(s)within thirty(30) days of receipt of this letter. Please mail completed form(s) to: Attention: Bob Sledge NC DEQ/DWR/NPDES /Point Source Branch 1617 Mail Service Center Raleigh,NC 27699-1617 Your request for an oral presentation and supporting documents will be reviewed by the EMC Chairman and, if it is determined that there is a compelling reason to require an oral presentation by you,the Commission will notify you by certified mail of the date,time, and place for your oral presentation. Otherwise, the final decision on your request for remission will be made by the Committee based on the written record. Thank you for your continued cooperation in this matter. If you have questions about this transmittal, please contact me at [joe.corporon@ncdenr.gov]. Sincerely, Joe . Corpor n, P.G Coonpliance d Expedited Permitting Unit Enclosed: Request for Oral Presentation form Attached: Civil Penalty Remission Review—signed,for Case Number LV-2020-0351 ec: Enforcement File Case Numbers LV-2020-0351 Winston-Salem Regional Office(WSRO) Central Files [Laserfiche] Page 2 of 3 DocuSign Envelope ID:F56ED6FD-A296-40E5-B1A7-09A455DADAA6 DIVISION OF WATER RESOURCES CIVIL PENALTY REMISSION FACTORS—Summary and Signature Page Case Number: LV-2020-0351 Region: Winston-Salem County: Stokes Assessed Entity: APEX Bank Facility: Hidden Lakes Village MHP WWTP Permit: NC0057720 ❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the petitioner: [not asserted] ❑ (b) Whether the violator promptly abated continuing environmental damage resulting from the violation: [not asserted] ❑ (c) Whether the violation was inadvertent or a result of an accident: [not asserted] ❑ (d) Whether the violator had been assessed civil penalties for any previous violations: [not asserted] ❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions: [not asserted] Without having chosen a remission factor,Permittee contends that violations might have resulted from an unknown toxic substance suspected to have originated from an unidentified tenant in the mobile home park (MHP).The Permittee's analytical lab speculated that high BOD may have resulted from a"chemical dump."Stokes County Sheriffs further speculated that a tenant may have operated a METH lab, remembering"Past drug issues in the park,"but the violation cause could not be confirmation or documented. The Permittee further asserts that a theft at the WWTP"several months..."prior to 29Dec2020"resulted in the loss of vital equipment including a blower motor,flow meter,and pump. DWR Response: violations during the Month of August 2020 • $200-for BOD 5-day Daily Max limit violation(121%) • $300-for BOD 5-day Monthly Ave violation(20%) • $94.99 enforcement costs • Total$594.99 WSRO issued an NOV for BOD permit limits violations in July 2020. In the past year,CPAs have also been issued for Fecal Coliform and Total Nitrogen violations.The Division notes that the degree and extent of harm to resources,public health and private property are unknown; duration and gravity of infractions and costs to rectify problems are likewise unknown.The Division does not allege that the Permittee committed the violations willfully or intentionally. While the ORC suspects a"chemical dump,"he has offered no actions to fix the problems. WSRO recommends no remission due to their significant violation history. NOTE: The Permittee did not assert a remission factor. DocuSign Envelope ID:F56ED6FD-A29B-40E5-B1A7-09A455DADAA6 Original Assessment Total=$594.99 DECISION(Check One) Remission Request Denied 0 Full Remission ❑ Retain Enforcement Costs? cio No Original Penalty(without Enforcement Costs) $500.00 Retaining Enforcement Costs +$94.99 Total Penalty $594.99 DocuSigned by: Lzs�m. "_ 4/14/2021 8328B44CE9EB4A1... for S. Daniel Smith Date STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF STOKES ) DEQ Case Number LV-2020-0351 IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION APEX Bank Hidden Lakes Village MHP WWTP ) I hereby request to make an oral presentation before the Environmental Management Commission's Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements: • This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied. • Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh, North Carolina. • My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no factual issues are in dispute, my presentation will be limited to five (5)minutes in length. The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on Remissions are quasi-judicial.You should consider how you intend to present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your representative would like to speak before the Committee,you must complete and return this form within thirty (30)days of receipt of this letter. Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1 and 2007 Formal Ethics Opinion 3. • If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,then you do not need legal representation before the Committee;however,if you intend on having another individual speak on your behalf regarding the factual situations, such as an expert,engineer or consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law. • If you are a corporation,partnership or municipality and are granted an opportunity to make an oral presentation before the Committee,then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a license if he or she is not a licensed attorney.Presentation of facts by non-lawyers is permissible. If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature and 2)for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of law. Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee is informed that a violation of the State Bar occurs. This the day of , 20 SIGNATURE TITLE (President, Owner, etc.) ADDRESS TELEPHONE ( ) Page 3 of 3