WQCS00372_DV-2020-0103_20200909

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MICHAEL S. REGAN
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5. DANIEL SMITH
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Environmental Qualify
Certified Mail # 7017 0190 0000 9569 8145
Return Receipt Reguested
September 9, 2020
Michael J Myers, President
Old North State Water Company LLC
4700 Homewood Ct
Ste. 108
Raleigh, NC 27609
SUBJECT: Notice of Violation and Assessment of Civil Penaltv
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00372
Old North State Water Company LLC
Briar Chapel Collection System
Case No. DV-2020-0103
Chatham County
Dear ?vIr. Myers:
Tliis letter transmits a Notice of Violation and assessment of civil penalty in the amount of S2,135.01 (S2,100.00 civil penalty
+ S35.01 enforcement costs) against Old North State Water Company LLC.
This assessment is based upon the following facts: a rcvickv has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Old North State Water Company LLC. This re% ie%%- has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCS00372 and G.S. 143-215.1(a)(] ). The
violation(s) that occurred are summarized in Attachment _1 to this letter.
Based upon the above facts, I conclude as a matter of late that Old North State Water Company LLC violated the terms,
conditions or requirements of Collection System Permit No. WQCS00372 and G.S. 143-215.1(a)(1) 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 termti, conditions or requirements ol'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, 1, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Old
North State Water Company LLC:
S2,100,00 For 2 of the 2 violations of Collection System Permit No. WQCS00372 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
2 i00.a0 TO'T.%,L CINFIL PENALTY
$35.01 Enforcement Costs
S2,135.01 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 Factand
Conclusions of Late and the factors set forth at G.S. 14313-282. 1 (b), which are:
(1) The degree and extent of Bann 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 qualit}' 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 wilifully or intentionally;
(7) The prior record of the violator in complying or iailing 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 followin4_:
(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 welive"
form). Payment of the penalty will not foreclose further enlorcetnent action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
io

Option 2: Submit a ivritten 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 live 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 rcmission 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 1438-282.1(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 prey ious 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 I'or 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 infonnation 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 remissionyou must complete and submit the enclosed -Request for Remission of Civil Penalties
Waiver of Riuht to an Administrative I-Icarine and Stipulation of Facts" fonts within thirty 34 days of receipt of this
notice. The Division of Water Resources also re nests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the followin<u address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: !rile 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
!tearing. You may obtain the petition forme from the Office of Administratke Hearings, You must rile 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 I learinus during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 3:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be riled 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 §15OB-23.2) is received in life
Office of Administrative Hearings within seven (7) business days following the fared 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 Nlail 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 1=. 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 petitkit1.
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. Plcase be advised that additional penalties may be assessed for violations
that occur after tite review period of this assessment.
If you have any questions, please contact Niitcliell 1-Iayes with the Di%ision of Water Resources staff of the Raleigh
Regional Office at (919) 7914200 or via email at mitch.hayes�:tr licdenr,gov.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Watcr Resources, NCDI;Q
ATI'ACHNIENTS
Cc-- WQS Raleigh Regional Office - Enforcement file
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DN'-2020-0103 County: Chatham
Assessed Party: Old North State Water Company LLC
Permit No.: WQCS00372 _imoutit Msessed: S2 1_�_35.01
Please use this fonn when requesting remission of this civil penalty. You must also complete the "Request For Remission.
1lrahvr of Right to air . ldutiltisu crtii c Hearing, and Stipulation of'Fact,ti" 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. § 143f3-282. I (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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment f ieta:v are listed in the civil penalty assessnreut document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., exphlin the
steps that you took to correct the violation and prevent firtur•e occurr•eucev);
(c) the violation was ina6crtent or a result of an accident (i.e., e.tph n ►rhv the violation was unavoidable or
something i'ou could not prevent or prepare fire);
(d) the violator had not been assessed civil penalties for any previous violations;
_ (e) payment of the civil penalty will prevent payment for the rcmaining necessary remedial actions (i.e., exIVaiu
ho►r prrvntent of the civil penalty trill prevenlyou fr-oin pv farming the activities uecess'ari' to achieve
Compliance),
EXPLANATION:

ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: DV-2020-0103
PERMIT NO: WOCS00372
FACILITY: Briar Chapel Collection System
Other Violations
REGION: Raleigh
COUNTY: Chatham
INCIDENT
VIOLATION
TOTAL. VOLUME
PENALTY
NUMBER
DATE VIOLATION TYPE VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
202002056
6/22/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit
2,000
$900.00
202002054
6/22/2020 CSO/SSO(Sewer Overflow) Discharge without valid permit
5,000
$1,200.00

sw E OF NORTH CAROLINA
COUNTY OI= CHATHAM
1N TI-IE MATTER OF ASSESSNIENT )
OF CIVIL PENALTIES AGAINST )
}
Old North State Water Company LLC )
Briar Chapel Collection System )
}
DCPARTiNIL-NT OF ENVIRONMENTAL QUALITY
WAIVER 0I7 RIG1I7- TO AN
ADMINISTRATIVEF HEARING .AND
STIPULATION OF FACTS
PERMITNO. WQCS00372 ) CASE NO. DV-2020-0103
Having been assessed civil penalties totaling 52.133.01 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated September 9. 2020, the inSdersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearinu, 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 ofthis 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
S[GNXI'URF
,ADDRESS
'I FLEPI[ONL

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Old North State Water Companv LLC
Facility Name: Briar Chapel Collection System
Permit Number: WOCS00372 Incident Number 202002054
County: Chatham
Case Number: DV-2020-0103
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;
5,000 gallons overflowed from pump station A due to pipe failure. 4,000 was conveyed to an UT to Pokeberry Creek.
Increased nutrients and pathogens to surface waters w 1�:�� ,. 1 �}l yCo,kAse- w .� v'at;6 54","�d y
G1h•cQ p�'1� Cc nSP+.� � li.. �y,,� � C,1++►C2.rn j
2) The duration and gravity of the violation; p� n s � 0 45
The SSO started on 06.22 2020 at 7:00 pm and ended the same day at 7:50 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include risks to public health and increased nutrients and pathogens.
4) The cost of rectifying the damage;
The cost of rectifying the damage is not documented.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
PC-2019-0064
8) The cost to the State of the enforcement procedures.
$35.01
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Old North State Water Company LLC
Facility Name: Briar Chanel Collection System
Permit Number: WOCS00372 Incident Number 202002056
County: Chatham
Case Number: DV-2020-0103
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;
2,000 gallons overflowed from a manhole in front of pump station A due to pipe failure. 2,000 was conveyed to an UT to
Pokeberry Creek. Increased nutrients and pathogens I,to surface wat__eIIrs ��;c,�, ca,,, C LK;e- ut,+c„- bu-d. { j�
16.0
2) The duration and gravity of the violation; GDP+ �er-wf a�w� Sc r'ef t�
The SSO started on 06.22.2020 at 10:00 pm and ended the same day at 11:00 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on surface water quality include risks to public health and increased nutrients and pathogens.
4) The cost of rectifying the damage;
The cost of rectifying the damage is not documented.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
PC-2019-0064
8) The cost to the State of the enforcement procedures.
$35.01
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ