NC0057401_Settlement Agreement_20221006

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
t© 4% 72-02,/
CERTIFIED MAIL 7019 1120 0001 4877 5744
RETURN RECEIPT REQUESTED
Mr. Steven Yager, Owner
Go Go Properties LLC
1300 Altura Rd
Fort Mill, SC 29708
Subject: Settlement Agreement of Civil Penalty Assessment
NPDES Permit NC0057401
Go Go Properties LLC
The Hideaways WWTP
Case number: LR-2022-0003
Mecklenburg County
Dear Mr. Yager,
Please find attached a copy of the signed Settlement Agreement for NPDES Permit NC0057401
for the following enforcement case: LR-2022-0003.
If you have any questions, please contact Siying Chen at 919-707-3619 or via email
[[e-mail]].
Sincerely,
Richard E. Rogers, Jr.
Director
Division of Water Resources
cc: NPDES files
NCDEQ Mooresville Regional Office — Water Quality Regional Operations
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North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

NPDES Permit NC0057401
Settlement Agreement
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF MECKLENBURG
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NC0057401
HELD BY GO GO PROPERTIES LLC
SETTLEMENT AGREEMENT
Pursuant to provisions of North Carolina General Statute § 143-215.3(a)(6), this Settlement
Agreement (hereinafter, Agreement) is entered into by Go Go Properties LLC and the North
Carolina Environmental Management Commission, an agency of the State of North Carolina
created by N.C. General Statute § 143B-282 (hereinafter, the Commission):
1. Go Go Properties LLC and the Commission hereby agree to the following findings:
(a.) Go Go Properties LLC holds North Carolina National Pollutant Discharge Elimination
System (hereinafter, NPDES) permit NC0057401 for operation of The Hideaways
WWTP and for making an outlet therefrom for the discharge of treated wastewater to
Catawba River (Lake Wylie), currently Class WS-IV, B waters of this State in the
Catawba River Basin.
(b.) Reporting requirements included as terms of NPDES permit NC0057401 have been
established to ensure adequate monitoring of the effluent so that compliance or
noncompliance with the effluent limits may be determined.
(c.) Go Go Properties LLC has been noncompliant with the reporting requirements
contained in NPDES permit NC0057401 in the manner and to the extent described in
paragraph (d.) below. Reported violation occurred in March 2022.
(d.) Go Go Properties LLC has been assessed penalties totaling $368.04 for reporting
violation that occurred in March 2022. Of that total, nothing has yet been remitted
(reduced/removed), leaving the full outstanding civil penalties balance of $368.04, as
summarized in the table below.
VIOLATION
MONTH
CASE LETTER CIVIL ENFORCEMENT TOTAL
NUMBER DATE PENALTY COST AMOUNT
March 2022
LR-2022-0003 06/08/2022 $250.00 $118.04 $368.04
Totals: $250.00 $118.04 $368.04
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NPDES Permit NC0057401
Settlement Agreement
(e.) Following actions that will be taken by Go Go Properties LLC to remedy the issues to
prevent future violations, the North Carolina Department of Environmental Quality's
Division of Water Resources' Mooresville Regional Office is recommending a
significant reduction in the civil penalty balance while retaining all enforcement costs.
2. In order to facilitate resolution of the matters of outstanding civil penalties and unassessed
violations documented in paragraph 1. (d.) above, the Commission and Go Go Properties
LLC agree to settle the above -described penalties and violations for the total amount of
$118.04. Payment shall be made by check made payable to the North Carolina Department
of Environmental Quality within 15 days of the execution of this Agreement, and sent to
the following address:
Attn: John Hennessy, Supervisor
Compliance & Expedited Permitting Branch
NC Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Full payment of the settlement amount shall constitute complete satisfaction of all
outstanding civil penalties assessed prior to the execution of this Agreement and resolve
all unaddressed violations occurring prior to March 2022.
3. Nothing in this Agreement relieves Go Go Properties LLC of its duty to abide by the terms
of NPDES permit NC0057401. Noncompliance with the terms of the NPDES may subject
Go Go Properties LLC to the assessment of additional civil penalties during the time this
Agreement is in effect.
4. Requests, actions and or reports required by the terms of paragraph 2 above shall be deemed
overdue if they are not made, completed or submitted by the dates specified. The burden for
providing sufficient documentation of the satisfaction of the terms of this Agreement is held
entirely by Go Go Properties LLC.
5. Because this is an Agreement between the Commission and Go Go Properties LLC, neither
party will file a petition for a contested case or for judicial review concerning its terms.
6. Go Go Properties LLC shall be expected to comply with all schedule dates, terms, and
conditions of this Agreement. This Agreement shall be considered closed when all terms and
conditions are met, or upon written acknowledgement by the Commission.
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NPDES Permit NC0057401
Settlement Agreement
For the Go Go Properties LLC:
Date
Steven Yager
Owner
For the North Carolina Environmental Management Commission:
Richard E. Rogers, Jr.
Director
North Carolina Division of Water Resources
for the Chair of the Commission
Date
Page 3 of 3