NC0023191_Remission Request (LV-2022-0125)_20220616

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JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0125 County: Iredell
Assessed Party: David L Millsaps
Permit No.: NC0023191 Amount Assessed: $218.04
Please use this form when requesting remission of this civil penalty. You must also complete the "Request Fo Remission,
Waiver of Right to an Administrative Hearing,and Stipulation of Facts"form to request remission of this civil , nalty.
You should attach any documents that you believe support your request and are necessary for the Director to c• isider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration ,f the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requ sting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any o he factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),remiss on of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor t at you
believe applies to your case and provide a detailed explanation,including copies of supporting documents,as t1 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-282.1(b)were wrongfully ap'lied to the
detriment of the petitioner(tire assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., e •lain the
steps that you took to correct the violation and prevent future occurrences);
X (c) the violation was inadvertent or a result of an accident(i.e.,explain why the violation was unavoid ble or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions a. ., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
On February 23,the plant received a TSS result of 62 mg/L.exceeding the daily maximum allowable lim of 45 mg/L.On this
date,a heavy rainfall event created high flow conditions that surged the plant and disturbed the solids. In ,ontrast with flow data
from the previous weeks(ranging from 0.0028-0.0036 MGD), the plant received 0.0072 MGD of flow o this day. Because the
abrupt increase in flow disturbed the solids,the concentrations of TSS in the effluent were increased. Foll wing this event,
operators responded by conducting wasting to ensure that no further TSS exceedances could occur. No su psequent
noncompliance events relating to this incident have since occurred.The plant was otherwise within comp) ance for the
remainder of February.

June 3.2022
Subject: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0023191
David L.Millsaps
Seven Cedars Mobile Home Park WWTP
Case No.LV-2022-0125
Iredell County
Mr. Basinger,
Thank you for allowing Seven Cedars Mobile Home Park the opportunity to respond to the Notice of Viola ion dated May
10,2022; received May 13,2022. Our response below is in regard to the(I)TSS daily maximum exceedan e event that
occurred during the February 2022 monitoring period.
On February 23,the plant received a TSS result of 62 mg/L.exceeding the daily maximum allowable limit .145 mg/L.
On this date,a heavy rainfall event created high flow conditions that surged the plant and disturbed the soli is. In contrast
with flow data from the previous weeks(ranging from 0.0028-0.0036 MGD), the plant received 0.0072 M D of flow on
this day. Because the abrupt increase in flow disturbed the solids,the concentrations of TSS in the effluent were
increased. Following this event, operators responded by conducting wasting to ensure that no further TSS e ceedances
could occur. No subsequent noncompliance events relating to this incident have since occurred.The plant as otherwise
within compliance for the remainder of February.
It is always our goal to remain in compliance with regulations set forth by the Division of Water Resource The factors
contributing to this violation have been addressed carefully to prevent future noncompliance events. It is o r request that
our cooperation and action in these matters be taken into account by the Division when proceeding with en orcement.
Sincerely.
David Millsaps
Seven Cedars Mobile Home Park
CC:
Dennis Murdock, Envirolink, Inc.
Todd Robinson, Envirolink, Inc.
Joshua Powers, Envirolink, Inc.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL ALITY
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
David L Millsups )
Seven Cedars Mobile Home Park WWTP )
)
PERMIT NO.N00023191 ) CASE NO. LV-2022-0125
Having been assessed civil penalties totaling$2I 8.04 for violation(s)as set forth in the assessment document o the Division
of Water Resources dated May 10,2022.the undersigned,desiring to seek remission of the civil penalty,does ereby waive
the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged i the
assessment document. The undersigned further understands that all evidence presented in support of remissio of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt ,f the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the rec ipt of the
notice of assessment.
This the /(� day of lJvt.,_.&— , 20 22
0a4A.;"/
SIGNATURE
RECEIVED ADDRESS
N 16 2022 { � . a- //cf 3
NCDEQIDWRINPDE S 5? 'LJe�v7 , /ye_ Z& �'
TELEPHONE
7c /- 922- '75,2 7

ATTACHMENT A
David L Millsaps
CASE NUMBER: LV-2022-0125
PERMIT: NC00231 91 REGION: Mooresville
FACILITY: Seven Cedars Mobile Home Park WWTP COUNTY: Iredell
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
2/23/2022 2-2022 Solids, Total Weekly mg/I 45 62 37 8 Daily $100 00
Suspended- Maximum
Concentration Exceeded
•