NC0080195_NOV2015LR0045_20151015

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 21,2015
CERTIFIED MAIL 7013 2630 00018998 2878
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: Notice of Violation and Recommendation
for Enforcement
Tracking#:NOV-2015-LR-0045
Randy Ferrill-Forest Hills Mobile Home Estates WTP
NPDES Permit No.: NCO080195
Gaston County
Dear Mr. Ferrill:
A review of the Division of Water Resources(DWR)database which tracks the monthly submittal
of Discharge Monitoring Reports(DMR's)revealed that the July 2015 and August 2015 Discharge
Monitoring Report(DMR)was not filed with the Division within the thirty(30)day reporting period
in accordance with the monitoring and reporting requirements contained in your NPDES permit. A
Notice of Violation(NOV-2015-LR-0035)was sent to you for failure to submit the October 2014,
January 2015,March 2015,May 2015 and June 2015 DMRs no later than the thirtieth(30th)day
following the reporting period. This notice was received by you on September 4, 2015. Within said
Notice,you were informed that future reports not received within the required timeframe would result
in further enforcement actions.
An Assessment of Civil Penalty for Violations of the Reporting Requirements(LR-2015-0005)for
amount of$600.00 was sent to you for failure to submit the July 2015 DMR no later than the thirtieth
(30th)day following the reporting period. This notice was received by you on October 5, 2015. As of
the date of this document,DWR has not received the July 2015 DMR.
This Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued
for the July 2015 and August 2015 failure to submit violations. Based upon the above facts, I conclude
as a matter of law that Randy Ferrill-Forest Hills Mobile Home Estates WTP violated or failed to act in
accordance with the requirements of NPDES Permit NCO080195 and G.S. 143-215.65.A civil penalty
of not more than$25,000.00 per violation may be assessed against a person who fails to file, submit,or
make available any documents, data, or reports required by G.S. 143-215.65. The State's enforcement
costs in this matter may be assessed pursuant to G.S. 143-215.3(x) (9)and G.S. 143-282.1(b) (8).
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Phone:[phone] Internet:http://www.ncwaterquality.org/
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Mr.Ferrill
October 21, 2015
Page 2 of 2
If you wish to provide additional information regarding the noted violations and prevent further
action,please respond in writing within ten(10)days of receipt of this notice. As of the date of this
document,DWR has not received the July 2015 and August 2015 DMRs. Please ensure that the
missing Discharge Monitoring Reports are sent in to the Division. A review of your response will be
considered and you will be notified of any civil penalties that may be assessed regarding these
violations. If no response is received in this Office within the 10-day period,a civil penalty may be
assessed.
If you have questions concerning this matter,please do not hesitate to contact Derek Denard at
919-807-6307.
Sincerel ,
G
Jay Zimmerman, Director
Division of Water Resources
cc: Derek Denard,Compliance&Expedited Permitting Unit
MRO WQRO Files,
NPDES Files
Central Files