NC0023191_Remission Request (LV-2022-0180)_20220811

July 29,2022
Subject:Notice of Violation and Intent to Assess Civil Penalty
Tracking Number:NOV-2022-LV-0375
Permit No.NC0023191
Seven Cedars Mobile Home Park WWTP
Iredell County
Mr. Basinger,
Thank you for allowing Seven Cedars Mobile Home Park the opportunity to respond to the Notice of Violation dated July
11,2022;received July 21,2022.Our response below is regarding the(1)TSS daily maximum exceedance event that
occurred on April I Ph,2022.
In response to this TSS violation,operators have been investigating the situation in order to identify any factors that may
have contributed to the exceedance,and at this time it is unclear to why the TSS sample taken on April 11 th was in
exceedance of the permit limit.No unplanned maintenance or any other activities that would have compromised effluent
quality were conducted during this period,and no visible sediment was detected in the effluent detected at the time that
the sample was taken.At the time that the sample was taken,the measure of settleable solids ranged between 600—650.
At the plant,average settleable solids at the plant have been within this range,and wasting has occurred on a weekly
basis.A clean sample bottle was used,although there is the rare possibility of the bottle having become contaminated with
foreign matter.The analytical results were confirmed by the lab as accurate. The BOD sample taken in concurrence was
6.53 mg/L,and no other non-compliant results were seen during the month. Operators will continue to observe for any
potential conditions that could contribute to the exceedance of TSS.
It is always our goal to remain in compliance with regulations set forth by the Division of Water Resources.The factors
contributing to this violation have been taken into consideration to prevent future noncompliance events.It is our request
that our cooperation and action in these matters be taken into account by the Division when proceeding with enforcement.
Sincerely,
Siej ,Ilikae‘ratf)'4'•
David Millsaps
Seven Cedars Mobile Home Park
CC:
Todd Robinson,Envirolink,Inc.
Joshua Powers,Envirolink,Inc.
RECEIVED
AUG 11 2022
NCDEQ/DWR/NPDES

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2022-0180 County: lredell
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 For Remission,
Waiver of Right to an Administrative Hearing.and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and arc 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 violations)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S.§ 14313 282.1(c),remission of a civil
penalty may be granted only when one or more of the following live factors apply. 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.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner(the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation(i.e.. explain the
steps that you took to correct the violation and prevent'inure occurrences):
X (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable 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 (i.e.. explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
Thank you for allowing Seven Cedars Mobile Home Park the opportunity to respond to the Notice of Violation dated July 11,2022;
received July 21,2022.Our response below is regarding the(1)TSS daily maximum exceedance event that occurred on April 11th,
2022.
In response to this TSS violation,operators have been investigating the situation in order to identify any factors that may have
contributed to the exceedance,and at this time it is unclear to why the TSS sample taken on April 11th was in exceedance of the penn
limit.No unplanned maintenance or any other activities that would have compromised effluent quality were conducted during this
period,and no visible sediment was detected in the effluent detected at the time that the sample was taken.At the time that the sample
was taken,the measure of settleable solids ranged between 600—650.At the plant,average settleable solids at the plant have been
within this range,and wasting has occurred on a weekly basis.A clean sample bottle was used,although there is the rare possibility 01
the bottle having become contaminated with foreign matter.The analytical results were confirmed by the lab as accurate.The BOD
sample taken in concurrence was 6.53 mg/L,and no other non-compliant results were seen during the month.Operators will continue
to observe for any potential conditions that could contribute to the exceedance of TSS.
It is always our goal to remain in compliance with regulations set forth by the Division of Water Resources.The factors contributing t
this violation have been taken into consideration to prevent future noncompliance events.It is our request that our cooperation and
action in these matters be taken into account by the Division when proceeding with enforcement.

STATE OF NORTH CAROLINA 1)EPARTMENI'OF ENVIRONMENTAL QUALITY
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 Millsaps )
Seven Cedars Mobile Home Park WWTP )
)
PERMIT NO.NC0023191 ) CASE NO. LV-2022-0I80
Having been assessed civil penalties totaling S218.04 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated July I I. 2022,the undersigned.desiring to seek remission of the civil penalty,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 Resources within thirty(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.
AThis the At 5- day of 7ptS _ .20 de:Z.
SIGNATURE
ADDRESS
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RECEIVED 1 4,esvr LCQ NL p'(tS'7
AUG 11 2022
NCDEQIDWRINPDES
TELEPHON I
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