NC0077135_MV-2022-0011 Remission Factors Summary w sigs 16Sep2022_20220919

DocuSign Envelope ID: 1277F78C-2645-406B-9FB9-9286842AF752
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS — Summary and Signature Page
Case Number: MV-2022-0011 Region: Winston Salem County: Rockingham
Assessed Entity: Curl Modular Homes — Hidden Valley WWTP Permit: NC0077135
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Not asserted
X ❑ (b) Whether the violator promptly abated continuing environmental damage
resulting from the violation:
Permittee Asserts [see Permittee's Request for Remission]:
After Receiving the initial NOV [10May2022], we contacted our ORC, Smith Industries. Mr. Smith
promptly investigated and stated that the missing data...were uploaded to our report [eDMR] and the
situation had been rectified." Upon receiving the CPA [10Jun2022], we again contacted Mr. Smith
who assured us that the data for the appropriate samples had been provided.
DWR Response:
The Permittee has a recent history of monitoring noncompliance. During the 12 months prior to
Jan2022, the Permittee committed frequency violations on 13Nov and 27Nov for the parameters
BOD-5, Fecal Coliform, Flow, Ammonia Nitrogen, Dissolved Oxygen, and Total Suspended
Solids. In addition, they violated monitoring frequency for Temperature (Dec2021) and Dissolved
Oxygen (Aug2021). WSRO responded with Notices of Violations for all except a Notice of
Deficiency for Aug2021.
After review and discussions [WSRO / Central Office], DWR finds no justification to remit civil
penalties.
n (c) Whether the violation was inadvertent or a result of an accident:
Not asserted
n (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
NOTE: Blue X indicates a remission factor chosen by the Permittee. Remission of this penalty is
based on Factor (b).

DocuSign Envelope ID: 1277F78C-2645-406B-9FB9-9286842AF752
Total Enforcement: $200.00 + $105.07 costs = $305.07
DECISION (Check One)
Request Denied X
Full Remission El Retain Enforcement Costs?
Partial Remission ❑
CPA Summary:
No❑
Original Penalty (without Enforcement Costs) $200.00
Retaining Enforcement Costs
Total Penalty
EDocuSigned by:
/74-/-i;
8328B44CE9EB4A1...
+$105.07
$305.07
9/19/2022
for Richard E. Rogers, Jr. Date
As Regional Supervisor of the Winston-Salem Regional Office, I, Lon T. Snider, having
accounted for the Findings of Fact and Conclusions of Law and the factors set forth at G. S.
143B- 282. 1(b), have determined the amount of the penalty pursuant to G.S. 143- 215.6A(c).
DWR assesses the following civil penalties against Curl Modular Homes:
$50.00 for 1 of 1 failure to properly monitor BOD, 5-Day (20 De2. C) -
Concentration in violation of Permit No. NC0077135.
$50.00 for 1 of 1 failure to properly monitor Coliform, Fecal MF, MFC Broth,
44. 5 C in violation of Permit No. NC0077135.
$50.00 for 1 of 1 failure to properly monitor Nitrogen, Ammonia Total (as N) -
Concentration in violation of Permit No. NC0077135.
$50.00 for 1 of 1 failure to properly monitor Solids, Total Suspended -
Concentration in violation of Permit No. NC0077135.
$200.00 TOTAL CIVIL PENALTY
$105.07 Enforcement Costs
$305.07 TOTAL AMOUNT DUE