NC0067342_PC20230031_20230929

Certified Mail # 7022 2410 0003 1349 7915
Return Receipt Requested

September 29, 2023

James Rice
PO Box 647
Weaverville, NC 28787

SUBJECT: ASSESSMENT of CIVIL PENALTIES
for Violations of NPDES Permit No. NC0067342
North View Mobile Home Park WWTP
Case No. PC-2023-0031
Buncombe County

Dear Permittee:

This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,126.51
($2,000.00 civil penalty + $126.51 enforcement costs) against James Rice.

This assessment is based upon the following facts: an inspection of the North View Mobile Home Park WWTP was conducted
on May 23, 2023. This inspection was conducted to verify that the facility is operating in compliance with the
conditions and limitations specified in NPDES WW Permit No. NC0067342. This inspection has shown the
subject facility to be in violation of the conditions and limitations found in NPDES WW Permit No. NC0067342.
The violations found during the inspection are summarized in Attachment A to this letter.

Based upon the above facts, I conclude as a matter of law that James Rice violated the terms, conditions or requirements of
NPDES WW Permit No. NC0067342 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).

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

Within thirty (30) days of receipt of this notice, you must do one of the following:

(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing

Option 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:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation 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 143B-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(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 had 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 of Civil
Penalties, 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.”

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

Both forms should be submitted to the following address:

Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 petition may be filed by
facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1)
copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process.

The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:

6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]

One (1) copy of the petition must also be served on DEQ as follows:

Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition.

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

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 Lauren Armeni with the Division of Water Resources staff of the
Asheville Regional Office at [phone] or via email at [e-mail].

Sincerely,

Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Findings and Decision and Assessment of Civil Penalties, Assessment Factors, Justification for Remission Request,
Attachment A

Ec: Laserfiche

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF BUNCOMBE

IN THE MATTER OF ASSESSMENT ) FINDINGS AND DECISION
OF CIVIL PENALTIES AGAINST ) AND ASSESSMENT OF
) CIVIL PENALTIES
)
North View Mobile Home Park WWTP )
)
FOR VIOLATIONS OF: )
NPDES PERMIT NO. NC0067342 ) CASE NO. PC-2023-0031

Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Daniel Boss, Assistant Regional Supervisor, of the
Division of Water Resources (hereby known as DWR), make the following:

I. FINDINGS OF FACT:

A. James Rice is a private entity organized and existing under the laws of the State of North Carolina.

B. On February 22, 2018, the Eaven Brice Partnership was issued NPDES Permit NC0067342 effective April 1,
2018, for the operation and maintenance of the North View Mobile Home Park WWTP, with the discharge of
treated effluent into the Flat Creek, in accordance with the provisions of Article 21 of Chapter 143, General
Statutes of North Carolina. In the time since the permit was issued in 2018, Mr. Rice has become sole owner of
North View Mobile Home Park. The Eaven Brice Partnership no longer exists.

C. Flat Creek is classified as Class C in the French Broad River Basin.

D. On May 23, 2023, Lauren Armeni and Daniel Boss of the Asheville Regional Office (ARO) of the Division of
Water Resources (DWR), conducted a Compliance Evaluation Inspection of the North View Mobile Home Park
WWTP. While onsite, DWR staff observed:  The flow meter was fluctuating during the inspection and did not appear to be working properly.  The aliquot amount was insufficient, and the sampling location was not after all treatment components. It
could not be determined whether or not composite sampling was flow-proportional. There was no thermometer in
the composite sampling fridge.

E. On June 13, 2023, the Asheville Regional Office (ARO) of the DWR issued a Notice of Violation/Notice of Intent
to Enforce (NOV-2023-PC-0223) to James Rice. This NOV-NOI was issued in response to observations from an
inspection on May 23, 2023.

F. On July 13, 2023, DWR received a letter from Mr. James Rice (Owner) in response to the NOV-NOI
(NOV-2023-PC-0223).

G. NPDES PERMIT NO. NC0067342 contains the following relevant permit conditions:

NPDES Permit NC0067342 Part II. Standard Conditions – Section D. 3. Flow Measurement

Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.

NPDES Permit NC0067342 Part II. Standard Conditions – Section A. Definitions – Composite Sample

A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL
in such a manner as to result in a total sample representative of the wastewater discharge during the sample
period. (3) Variable time/constant volume - A series of grab samples of equal volume collected over a 24-hour
period with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,
and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily
flow at the treatment system.

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

H. A DWR file review confirmed that James Rice is not allowed as a condition of any permit, special order, or other
appropriate instrument issued or entered into by the Commission under the provisions of this Article to violate
water quality standards applicable to an assigned classification or to violate an effluent standard, limitations,
permit conditions, or rules/regulations established for any point source.

I. The cost to the State of the enforcement procedures in this matter totaled $126.51.

Based upon the above Findings of Fact, I make the following:

II. CONCLUSION OF LAW

A. James Rice is a ‘person’ within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4).

B. Flat Creek located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6).

C. James Rice was issued NPDES Permit No. NC0067342 in accordance with G.S. 143-215.1(a) for the operation and
maintenance of a wastewater treatment plant and the discharge of wastewater in compliance with permit limits and
conditions. On May 23, 2023, James Rice violated NPDES Permit NC0067342 Part II. Standard Conditions –
Section D.3. Flow Measurement – by having a flow meter that was reading inconsistent flow measurements; and
Part II. Standard Conditions – Section A. Definitions – Composite Sample – by having an insufficient aliquot
amount for composite sampling, as well as not being able to identify if flow-proportional sampling was being
conducted. Additionally, there was no thermometer in the sampling fridge.

D. James Rice may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which provides that a
civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against
a person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or
fails to act in accordance with the terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.

E. The State’s enforcement cost in this matter may be assessed against James Rice pursuant to G.S. 143-215.3 (a)(9)
and G.S. 143B-282.1(b)(8).

F. Daniel Boss of the Division of Water Resources, pursuant to delegation provided by the Secretary of the
Department of Environmental Quality and the Director of the Division of Water Resources, has the authority to
assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION

Accordingly, James Rice is hereby assessed a civil penalty of:

$ 1,000.00 (1) of (4) violations of NPDES Permit NC0067342 Part II. Standard Conditions –
Section D. 3. Flow Measurement, by having a flow meter that was reading
inconsistent flow measurements.
$ 1,000.00 (2) of (4) violations of NPDES Permit NC0067342 Part II. Standard Conditions –
Section A. Definitions – Composite Sample, by having an insufficient aliquot amount
for composite sampling, as well as not being able to identify if flow-proportional
sampling was being conducted. Additionally, there was no thermometer in the
sampling fridge.

$ 0.00____ ____Remaining two violations of NPDES Permit NC0067342 (see attachment A).

$ 2,000.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A

$ 126.51 Enforcement Cost

$ 2,126.51 TOTAL AMOUNT DUE

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

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;
(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.

___________________ __________________________________________
Date Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587
9/29/2023

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT

Violator: James Rice
Facility Name: North View Mobile Home Park WWTP
Permit Number: NC0067342
County: Buncombe
Case Number: PC-2023-0031

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;
Unknown, the WWTP has a flow meter that was not properly working during the inspection, and flow to surface water may
be higher than recorded. Additionally, effluent sampling was not being conducted after all treatment components and it
couldn’t be determined if sampling was flow-proportional, therefore representative effluent samples were not being taken.

2) The duration and gravity of the violation;
During the inspection, the flow meter was significantly fluctuating, reading between 6 GPM and 130 GPM. For composite
sampling, an aliquot was pulled during the inspection and the volume was insufficient at 75 mL, and it could not be
determined if sampling was flow-proportional. Tubing for the composite sampler was placed prior to dechlorination and it
needs to be after all treatment components.

3) The effect on ground or surface water quantity or quality or on air quality;
Unknown, the WWTP has a flow meter that was not properly working during the inspection, and flow to surface water may
be higher than recorded. Additionally, effluent sampling was not being conducted after all treatment components and it
couldn’t be determined whether or not sampling was flow-proportional, therefore representative effluent samples were not
being taken.

4) The cost of rectifying the damage;
The cost of rectifying the damage is unknown.

5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown but would include the cost of repairing and/or replacing the
flow meter.

6) Whether the violation was committed willfully or intentionally;
We do not believe 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
There have been no CPAs issued in the past 12 months.

8) The cost to the State of the enforcement procedures.
$126.51

___________________ __________________________________________
Date Daniel Boss, Assistant Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587
9/29/2023

JUSTIFICATION FOR REMISSION REQUEST

Case Number: PC-2023-0031 County: Buncombe
Assessed Party: James Rice
Permit No.: NC0067342 Amount Assessed: $2,126.51

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. § 143B-282.1(c), remission of a civil penalty may be granted
only when one or more of the following five factors apply. Please check each factor that you belie ve 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 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) 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:

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

COUNTY OF BUNCOMBE

IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
James Rice )
North View Mobile Home Park WWTP )
)
PERMIT NO. NC0067342 ) CASE NO. PC-2023-0031

Having been assessed civil penalties totaling $2,126.51 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated September 29, 2023, 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

___________________________________________

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587

ATTACHMENT A

North View Mobile Home Park WWTP
CASE NUMBER: PC-2023-0031

PERMIT NO: NC0067342 REGION: Asheville
FACILITY: North View Mobile Home Park WWTP COUNTY: Buncombe
________________________________________________________________________________________________________________________________________________________________________________
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT ________________________________________________________________________________________________________________________________________________________________________________
5/23/2023 Permit Violation detected during The permittee has not submitted a permit renewal $0.00
inspection application and the facility is illegally discharging with
an expired permit.
________________________________________________________________________________________________________________________________________________________________________________
5/23/2023 Equalization Basins Violation detected during The control panel for the equalization basin is broken, $0.00
inspection and therefore the floats and alarms are not functioning
as intended.
________________________________________________________________________________________________________________________________________________________________________________
5/23/2023 Flow Measurement - Violation detected during The flow meter was fluctuating during the $1,000.00
Effluent inspection inspection and did not appear to be properly
working.
________________________________________________________________________________________________________________________________________________________________________________
5/23/2023 Effluent Sampling Violation detected during The aliquot amount was insufficient and the $1,000.00
inspection sampling location was not after all treatment
components. It could not be determined whether
or not composite sampling was flow-proportional.
There was no thermometer in the composite
sampling fridge.
________________________________________________________________________________________________________________________________________________________________________________

DocuSign Envelope ID: 6D02EC77-375C-41FA-B476-730617EAE587