NC0080195_NOV2015LR0047_20151015

North Carolina Department of Environmental .Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
December 7,2015
CERTIFIED MAIL 7013 2630 0001 8998 3554
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-0047
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 Reports (DMR)have not been filed with the Division within the thirty(30)day reporting
period in accordance with the monitoring and reporting requirements contained in your NPDES.permit.
The September 2015 was received late on December 2,2015.
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 inforined 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
(30")day following the reporting period. This notice was received by you on October 5,2015.
A Notice of Violation(NOV-2015-LR-0045)was sent to you for failure to submit the July 2015
and August 2015 DMRs no later than the thirtieth(30d) day following the reporting period. This notice
was received by you on October 10,2015. 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$1100.00 is being sent to you along with this notice for failure to submit the August 2015
DMR no later than the thirtieth(30t") day following the reporting period.
As of the date of this document, DWR has not received the July 2015 and August 2015 DMR.
1617 Mail Service Center,Raleigh,North Carolina 27699-1617
Phone:[phone] Internet:http://www.ncwaterquality.org/
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Mr. Ferrill
December 7, 2015
Page 2 of 2
This Notice of Violation/Notice of Recommendation for Enforcement(NOV/NRE) is being issued
late receipt of the September 2015 DMR on December 2,2015. 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(a) (9)and G.S.
143-282.1(b)(8).
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. 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.
Since ly,
Jay Zimmerman,Direct]
Division of Water Resources
cc: Derek Denard, Compliance&Expedited Permitting Unit
MRO WQRO Files
NPDES Files
Central Files