NC0061204_LV-2015-0243_20151022

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 22, 2015
CERTIFIED MAIL #7015 0640 0005 6272 4683
Thomas M. Alphin, Jr.
Thomas M. Alphin
P.O. Box 5
Walkertown, NC 27051-0005
Donald R. van der Vaart
Secretary
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 Permit NCO061204
Thomas M. Alphin
Scarlett Acres MHP WWTP
Case No. LV-2015-0243
Forsyth County
Dear Mr. Alphin:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 365.51 ($ 200.00 civil
penalty + $ 165.51 enforcement costs) against the Thomas M. Alphin.
This assessment is based upon the following facts: A review has been conducted of the discharge monitoring report
(DMR) submitted by the Thomas M. Alphin for the month of July 2015. This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit NC0061204. The
violations, which occurred in July 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Thomas M. Alphin violated the terms, conditions or
requirements of NPDES Permit NCO061204 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment
A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against
any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, W.
Corey Basinger, Water Quality Regional Operations Supervisor for the Winston-Salem Region, hereby make the
following civil penalty assessment against the Thomas M. Alphin:
200.00
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0061204, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for FEC COLT.
200.00
TOTAL CIVIL PENALTY
165.51
Enforcement Costs
365.51
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of
Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
450 W. Hanes Mill Rd, Suite 300; Winston-Salem, NC 27105
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(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
NC DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission including a detailed justification for such request:
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 violation(s) occurred or the accuracy of any of the factual statements contained
in the civil penalty assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation
and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes
why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address
listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) were wrongfully
applied to the detriment of the violator;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator has been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil
Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not
part of the original remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission, Waiver of Right to
an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division
of Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request."
Both forms should be submitted to the following address:
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the
petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is
considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of
Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for
violations that occur after the review period of this assessment.
If you have any questions, please contact Ron Boone of the Winston-Salem Regional Office at 336-776-9690.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, DEQ
Attachments:
1. Attachment A
cc: WSRO Files w/attachments
DWR Central Files Wattachments
PSB-NPDES — Charles Weaver

ATTACHMENT A
Thomas M Alphln
CASE NUMBER: LV-2015-0245
PERMIT: NC0061204 FACILITY: Scarlett Acres MHP WWTP COUNTY: Forsyth REGION: Winston-Salem
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED °%OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$200,00 7-2015 001 Effluent FEC COLT 7122/15 Weekly #1100m1 400 980 145A Daily Maximum Exceeded

STATE OF NORTH CAROLINA
COUNTY OF Forsyth
DEPARTMENT OF ENVIRONMENTAL QUALITY
Thomas M. Alphin
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Scarlett Acres MHP WWTP
PERMIT NO. NCO061204
REQUEST FOR REMISSION
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-2015-0243
Having been assessed civil penalties totaling 1166.51 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated 10/22/2015, 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.
This the day of , 20_
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2015-0243 County: Forsyth
Assessed Party: Thomas M Alphin, Scarlett Acres MHP WWTP
Permit No. (if applicable): NC0061204 Amount Assessed: $ 365.51
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 are 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 violation(s) 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 five
factors applies. 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)
penalty assessment document);
(the assessment factors are listed
(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 future
occurrences);
(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)
actions (i.a., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF FORSYTH
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number LV-2016-0243
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
SCARLETT ACRES MOBILE HOME PARK WWTP
REQUEST FOR ORAL PRESENTATION
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 day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Scarlett Acres MHP WWTP
County: Forsyth
Case Number: LV-2015-0243
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting
from the violation;
Damage is considered to be minimal.
2) The duration and gravity of the violation;
The gravity of the violation(s) is moderately significant.
3) The effect on ground or surface water quantity or quality or on air quality;
The effects on surface waters are unknown.
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
It is believed that the violations were neither willful nor intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
6/15-Fecal Coliform-two Daily Max Violations -Notice of Violation
9/14-Total Nitrogen and Phosphorus -two monitoring violations -Notice of Violation
8) The cost to the State of the enforcement procedures.
$165.51
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NC DEQ