NC0080195_LR-2015-0006_20151207

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor
Secretary
December 7, 2015
CERTIFIED MAIL 7013 2630 0001 8998 2809
RETURN RECEIPT REQUESTED
Mr. Randy Ferrill, C/O AC Investment Properties
Forest Hills Mobile Home Estates WTP
19124 N. Beatties Ford Rd.
Cornelius, NC 28031
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
NPDES Permit NCO080195
Randy Ferrill—Forest Hills Mobile Home Estates WTP
Case No. LR -2015-0006
Gaston County
Dear Mr. Ferrill:
This letter transmits a notice of a civil penalty assessed against Randy Ferrill—Forest Hills Mobile Home
Estates WTP in the amount of $1,100.00 (includes $100.00 in enforcement costs).
This assessment is based upon the following facts: the August 2015 discharge monitoring report
("DMR") was not filed with the Division of Water Resources within the thirty (30) day reporting
period in accordance with the monitoring and reporting requirements contained in the subject NPDES
permit.
A Notice of Violation (NOV-2015-LR-0045) for late/missing submission of the July 2015 and
August 2015 was sent to Randy Ferrill — Forest Hills Mobile Home Estates WTP on October
21, 2015, and received on October 30, 2015. No response was received to date. As of the date
of this document, DWR has not received the July 2015, August 2015 and September 2015
DMRs. Within said notice, you were informed that future reports not received within the
required time frame, the next 12 reporting months, would result in a recommendation for
assessment of civil penalties.
The State's enforcement costs in this matter may be assessed against Randy Ferrill—Forest Hills Mobile
Home Estates WTP pursuant to NCGS. 143-215.3(a)(9) and NCGS 14313-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that Randy Ferrill—Forest Hills Mobile Home
Estates WTP violated the terms, conditions or requirements of NPDES Permit NCO080195 and G.S.
143-215.65 in the manner and extent shown above. 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 hereby make the following civil penalty assessment against the Randy Ferrill—
Forest Hills Mobile Home Estates WTP:
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: http://pooal.ncdenr.org/web/wq/dwr-home-page
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Forest Hills Mobile Home Estates WTP
Case No.: LR -2015-0006
December 7, 2015
Page 3 of 5
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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 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." Both forms should
be submitted to the following address:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 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

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF GASTON
1`
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
RANDY FERRILL ) STIPULATION OF FACTS
FOREST MILLS MOBILE HOME ESTATES WTP 1
PERMIT NO. NCO080195 ) FILE NO. LR -2015-0006
Having been assessed civil penalties totaling $1,100.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated November 23, 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 2015.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LR -2015-0006
County: Gaston
Assessed Entity: Randy Ferrill—Forest Hills Mobile Home Estates WTP
Permit No.: NCO080195
Amount Assessed: $1,100.00
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 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) 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: