HomeMy WebLinkAboutNC0049662_compliance_20161107Certified Mail # 70143490000188210897
Return Receipt Requested
November 07, 2016
Shannon V Becker, President RECEIVEDINCDEOIDWR
Aqua North Carolina Inc
202 Mackenan Ct NOV % 2016
Cary, NC 27511 Water Quality
Permitting Section
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO049662
Aqua North Carolina Inc
Hawthorne Subdivision WWTP
Case No. LV-2016-0235
Wake County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,037.78 ($3,000.00 civil penalty
+ $37.78 enforcement costs) against Aqua North Carolina Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Aqua North Carolina Inc for the month of May 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/.or monitoring requirements found in NPDES WW Permit No. NC0049662. The
violations, which occurred in May 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Aqua North Carolina Inc violated the terms, conditions or
requirements of NPDES WW Permit No. NCO049662 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 maybe 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, Danny Smith, Regional
Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Aqua North Carolina Inc:
State of North Carolina I Environmental Quality I Water Resources
1628 Mail Service Center, Raleigh, NC 27699-1628
919-791-4200
0.00 0 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0049662, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for pH.
$1,500.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.N00049662, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TOTAL N - Conc.
$1,500.00 1 of the 1 violations of 143-215. 1 (a)(6) and Permit No.NC0049662, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for TOTAL P - Conc.
3$ ,000.00 TOTAL CIVIL PENALTY
37.78 Enforcement Costs
51037.78 TOTAL AMOUNT DUE
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.
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-2 82. 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 requestconsidered 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 ou must complete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Ripht to an Administrative Hearing, and Stipulation of Facts" form within thirt 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:
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 § 15013-23.2) 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 guestions regarding the filing fee and/or the details of the
film process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919) 431-3000
Fax: (919) 431-3100
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, 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.
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 Cheng Zhang with the Division of Water Resources staff of the Raleigh Regional
Office at (919) 791-4200 or via email at cheng.zhang@ncdenr.gov.
r*cerey,
1112 M
Danny Smi , Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
PERMIT: NCO049662
FACILITY: Hawthorne Subdivision WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr Parameter
5/31/2016 5-2016 Nitrogen, Total -
Concentration
5/20/2016 5-2016 pH
5/31/2016 5-2016 Phosphorus, Total (as
P) - Concentration
ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: LV-2016-0235
REGION: Raleigh
COUNTY: Wake
Unit of
Limit
Calculated
% Over
Violation
Penalty
Frequency
Measure
Value
Value
Limit
Type
Amount
2 X month
mg/I
8
36.40
354.4
Monthly
$1,500.00
Average
Exceeded
3 X week
su
9
9.20
1.8
Daily Maximum
$0.00
Exceeded
2 X month
mg/I
1
1.60
60.0
Monthly
$1,500.00
Average
Exceeded