The URL can be used to link to this page

Home My WebLink AboutNC0023191_Response to Notice_20230315March 14, 2023 Subject: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Status (G.S.) 143-215.1(a)(6) and NPDES Permit No. NCO023191 David L. Millsaps Seven Cedars Mobile Home Park WWTP Case No. LV-2023-0040 Iredell County Mr. Pitner, Thank you for allowing Seven Cedars Mobile Home Park the opportunity to respond to the Notice of Violation dated January 5, 2023; received January 11, 2023. Our response below is in regard to the (1) ROD daily maximum exceedance event, (1) TSS daily maximum exceedance event and concurrent monthly average exceedance that occurred during the November 2022 monitoring period. On November 29, the plant received a TSS result of 348 mg/L, and a BOD result of 45.7 mg/l; both exceeding the daily maximum allowable limit of 45 mg/L. On this date, a heavy rainfall event created high flow conditions that surged the plant and disturbed the solids. Because the abrupt increase in flow disturbed the solids, the concentrations of TSS and BOD in the effluent were increased. No other noncompliance events relating to this incident otherwise occurred. 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 addressed carefully 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, d '1s 6 - Davi � saps Seven Cedars Mobile Home Park CC: Daniel Gatewood, Envirolink, Inc. Todd Robinson, Envirolink, Inc. n9r)[FICATI;ON FOR RFMTSSION RCFFST Case Number- LV--20123-0040 County: lrcdcl] Assessed Party-: D;)vid L MiRi,aps Permit No.. NC0423191 Amount Assessed- Please use this formwhen r tacsting remission of this civil penalty-. You must also complete the 'R0gjrcat Fcrr- Remission, Waiw�- rtj'Rig,Fh£ to an Admiraistrativ°c: I/!arinLrrrtcr`Sli ulatiOn of I i7c ts,, form to request remission of this Evil penalty. You should attach any documents that v au Inc li vw Support your request acid are necessary far the Director to consider in evalual.ing your request for remission. Pleasc bQ. aware: €hart a request for remission is limited to consideration of the five factors listed belt %h as they may reline to the rot: onablcness of the amount of the civil penalty assessed. Regctestbig t`eill isSioti is not the proper procedure for conte: Log' whethct the violaiion(s) occurred or the accuracy of any of the factual statements contained in the civil pcnalty assessment document. Ptrrsr:ant to N.C.C3_S. § 14313-?82.1(c), rctnissi[rrt of a civil penalty may be granted only vvhctt one or rnorc of tite folloxirg five factors apply_ Please check each factor that you believe .applies to your case and provide a detailed explanation. including ct.zpics of supporting documents- as tea why the factor applies (attach additional pages as tteecicct)- _ (a) one or more of the civil penalty- assessrnjent factors in N.C: G.S, 14313-2811(b) were wrongfully` applicd to the detriment of the p+'titicaajcr hire cs+,vc•.c.s7ttc nl jxct0re arcs li.�tc,rf in the civil i malty tzy'vessswe=nr d0CI, rrrfrrl�; _ (b) the violator promptly abated c:on inuing em irourn ntol dirilage resulting from the violation (4ey, exptain rite sie'7)s them you took to c arrect fhe vicrlcs£irrrr cold prevew inure occza-rencGs) X (a) the violation was inadvertcrtt or a result of sItt accicicrt (i.e_ e,rphiin vr,lrythe riolation uyas 1111avoidable or suttxetfrittl; votr c atslcj not prevent or pre. jrrrc or). (d) the violator had not been assessed civil penalties for any previous violation""- (c) payrrtertt of the civil pcnalty� will prev�eni payttttrtt. for the rertiainin,, n-cessary rejneclial actions fi.e., exPluin T hmvjxr}-Yn nl «fthe c:ivilPeW111V vv°°ill,tn c xetttv��ts frc�rtr�rerf�rnaijr� tfrc rrc'tivi£icFs nFcessan- to achicile EXPLANX.h I ON' c On November 29, the plant received a TSS result of 348 mg/L, and a BOD result of 45.7 mg/l; both exceeding the daily maximum allowable limit of45 mg/L. On this date, a heavy rainfall event created high flow conditions that surged the plant and disturbed the solids. Because the abrupt increase in flow disturbed the solids, the concentrations of TSS and BOD in the effluent were increased. No other noncompliance events relating to this incident otherwise occurred. S'FATF, OF NORTH CAROLIN;} DEPARTMENT MENT OF ENV IRON M R-NTALQ15 LITY C OUN I Y OF TREDELL TN i HE MA"ITI R OF ASSESSNIFN'l ) W•-hlVER OF RIC.14T TO AN OF CNIL PE ALTIFS AGAINS'i' ) ADNTINTSI'RATIVE 14FARMC AND STIPULATION OF FACTS David L IN illsalrs � Seven Cedars'4 obile Home ParlcWWTI' } I"ERMITN1 0. NC'0023191 } CASE NO. LV-2023-0 040 Having been assessed civil perlaltics totaling S-593,01 for violation(s) as set tbrth in the asscssnier]t (l0ct3MCjjt of the [)tViSj0jl of Water Resources dated Februtary _8 '02 3_ the undersigned, desiring to seek remission of the civil peraaltti'_ does hereby iwaive the right to ass adrninistrative hearing ill the above -stated rnattcr and does sripulme that the facts are as a(legeti in the assessrnenl document_ Tho- undersigned further undcr4ands that AI evidence: presented in support of rernIssion of this civil I�enalty' n]u3t be, sUhMitietl to the Director of the Division of Water Re_�oi3rees,within thirty (30) days ofreet;lpt of the nonce cifa`sessment_ No new evidence in support of remiss ion rQ(luest. urilI Ix atfov�,ed after (30) clays from the receipt of the !.a«1 icy: of assessn>er]t- This the ( � day of ADDRESS S"av __ -I& TLLEIIHOM".