NC0063584_Enforcement_20130304

March 4, 2013
CERTIFIED MAIL 7010 1870 00011558 0941
RETURN RECEIPT REQUESTED
Mr. Thornas J. Roberts
Aqua North Carolina, Inc.
202 Mackenan Court
Cary, North Carolina 27511
SUBJECT:
Notice of Violation andAssess ment, of Civil
Penalty for Violations of N.C. General Statute
143-21,5. 1 (a)(6) and NPDES Permit No. NCO063584
Oxford Glen WWTP
Mecklenburg County
Case No. LV-2013-0035
Dear Mr. Roberts:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $247.44
($ 100.00 civil penalty + $147.44 enforcement costs) against Aqua North Carolina, ITIC.,
This assessment is based upon the following facts: A review has been conducted of the self -monitoring
data reported for October 2012. This review has shown the suject facility to be in violation oft a
discharge limitations found in NPDES Permit No, NCO063584. The violations 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 Permit No. NCO063584 and North Carolina General
Statute (G.S.) 143-215,1(a)(6) in the mariner and extent shown in Attachment A, A civil penalty may
be assessed in accordance Aitb the maximums established by S. 143-21A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural, Resources and the Director
of the Division of Water Quality, 1, Michael L. Parker, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against Aqua, North
Carolina, fric,:
Woresville Regional Office
Location: 610 East Center.Poe- Suite 301 Moaresvilie, NC 28115
Phone[phone]k Fax: [phone] � Customer Service 1-677-623-6748
Inteviet,, hftp://portal,ncder)r,orgMe.biwq
k) Equal Oppagtumty I Affifmafive Acton Employer- 301A Recyc*d,,10% Post Consumet pappr
One,
No, Carolina
WM(rally

1 tltl OO
0.00
For of the o (2) violations of G. G.S. 143-21531(a)() and
NPDES Perrnit o. NCO063584, by discharging waste into the
waters of the State in violation of the permit daily maxim g
effluent limit for biological oxygen demand (BO ),
For 1 of the one (1) violation f G.S. 143_21 .1(a)( ) and
NPDES Permit No. NCO063584, by discharging waste into the
waters of the State in violation of the permit daily minim urn
effluent limit for dissolved oxygen.
For, 1_ of the one (l) violation of G & 1 3-21 w 1(a)() are
NPDES lie it NoC0063 . by discharging waste into the
waters of the State in violation of the permit monthly average
effluent li it f r BOD
100.00 TOTAL CIVIL PENALTY'
147,44 Enforcernent post
Pursuant to G.S. 1 3-21 . (c), in determining the amount ofthe penalty l have taken into account the
Findings of Fact and Conclusions of l.,aw and the laeuyrs set forth at G.S. 14313-2 2.1(b), which are:
(I) The degree and extent of harm to the natural resources of"the State, to the public health, or to
private property resulting from the violations
(2) The duration and gravity of the violations;
(3) The effect on ground or surfiacc water quantity or quality or on airquality;
(4) The cast of rectifying the. damage
( The arr ourrtm of money saved by no compliaraccl
Nether the violations were committed willfully or intentionally;
(`) The prior record of the violator in complying or failing to comply with programs overwhich
the Environmental Management Commission has regulatory authority and
() The cost to the State of the enforcement procedures,
Within thirty, days of receipt f this notice,you must do one of the f ll wing:
R Submit payment of the penalty:
Payment shoaled be marls directly to the order of the 1. cl artnient of Envirora rent and Natural
Resources (dry not include waiv r A)rm . Payment of the penalty will not foreclose further
enforcement action for any, continuing or new violation(s). Please submit payment to the attention of
Point Source om liaatc /En -fore raa rat Unit
Division of Water Quality
1617 flail Service Center
Raleigh, North Carolina 27-1 l

F
2. Submit a written request for remission 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 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 heanng, such a request must be accompanied by a
waiver of your right to an administrative hearing and a stipulation 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 Quality 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, G.S. 14311-2811 (b) were
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 inadver—tent or a result of an accident;
(4) NAihether the violator tied 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 information presented in support of your request for remission must be submitted
in writing. The Director of the Division of Water Quality will review your evidence and info rut you of'
his decision in the matter of your remission request. Tbe response will provide details regarding case
status, directions for payment, and provision for further appeal of the penalty, to the Envirolmiental
Management Commission's Committee on Civil Penalty Remissions (Committee), Please be advised
that the Committee cannot consider info nation that was not part of the original remission request
considered by the Director, Therefore, it is very important that you prepare to complete and thorough
statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Waiver of Right to an
Administrative Hearing and Stipulation, of Facts" form within thirty (30) days of receipt of tins notice.
The Division of Water Quality also requests that you complete and submit the enclosed "Justification
for Remission Request." Both forms should be submitted to the following addrcsse
Point Source Compliance/Enforcement Unit
Division of Water Quality
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 ('10)
days of receipt of this notice. A petition is considered filed when it is received in the Office of

14
sa 'Fhe Off -ice cefninistrative Fleaxins ceptsAdministrative Garin duringnormal office hour,
filings Monday through Friday between the hours gal` :00 a.m. and 5:00 p.m., ., except for official state
holidays. The petition may be filed by f csirraile f or electronic mail by an attached, file(with
restrictions) - provided the shred original, one (l) copy and a filing fee ifa filing fee is requited by,
NCGS § 1 tllf-23:3) is received in the Office of Administrative Hearings within seven business
days following the taxed or electronic transmission, You should contact the Office of Administrative
Hearings s with all questions regarding the filing fee and/or the details of the filing process. The
inailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
Office of Administrative Hearings
6714 flail Service Center
Raleigh, NC 699-671
Tel: (919)43 -3tt t1; F : (919) 1.31 d
One 1) copy of the petition must also be served on DENR as follows:
Mr. Lacy Presn ll, General Counsel
13EN
1601 Mail Service Center
Raleigh, NC 699-1 t 1
Please indicate the case number as found on page one of this tter;) on the petition.
Failure to exercise one ofthe options above within thirty (30) days of receipt of this notice, as
evidenced by are internal date/time received stamp not a postmark), will result in this matter lacing
referred to the Attorney General's Office: for collection of the penalty through a civil action.
Please he advised that additional penalties may be assessed for violations that occur after the review
period ol'trhis assessment. If the violations are, of d cont la lure not. ra Iated tta fa ratlun and/or
maintenanc rc�la c rrrs cl y a is to rcrraedihl con ra�cti an ctiwi i s- !he yi u a w i t tea
n _ - _... __, �. _,.-
Michael I. Parker, Regional Supervisor
Surface Water Protection - Mooresville Regional Office
Division of Water Quality
cc: MRO Compliance File -wv/ attachments
Raleigh Compliance Pile w/ attachments
m1phna
Central Piles ry attacl -tints
1 . Ro7zelle, MC W l''

ATTACHMENT A
CASE NO. LV-2013-0035
Outfall Date Parameter Rej!orted Value
Permit Limit
001 10/3/12 BOD
29.1 mg/l.*
16.5 mg/L (Daily maxrrnun�)
001 10/25/12 BOD
18.6 rug/l,
16.5 rnglDaily maximum)
001 10/31/12 BOD
1, 1 .9 mg/L
11 � 0 m g/L (Monthly average)
001 1it/ 3/12 DO
5.9 mg,11,
6.0 mg/L (Daily mimmurn)
Denotes civil penalty assessment.
e Aqua North Carolina, Inc, response to NOV-2013-LV-0093 received on February 25,
2013, was reviewed by DWQ staff,
Mitigating factors were notfound to result in a
reduced civil penalty.

STATE OF NORTH (",AROLfN A DEPARTMENT OF ENVIRONMENT 44
AND NATtJRNL RESOURCES
COUNTY OF MECKLENBOJRG
IN THE MATTER OF ASSESSMENT WAIVER, I RIGHT'T
F CIVIL PENALTY °T" ADMINISTR.NTIVE HEARING AND
AQUA NORTH CAROLINA,INC. STIPULATION OF FACT
PERMITNO, NCO063584
FILE NO. LV-2013-003 5
Having been assessed civil penalties totaling $247.44 for violation(s)a s set forth in the
assessment document of the Division of Water Quality, dated March 4, 2013, the undersigned,
desiring to seed remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and draw stipulate that the fticts are as alleged in the assessment,
document. 'Hie undersigned further understands that. allevidence presented in support of remission of
this civil penalty must be submitted to the Director ctor of the Division of Water Quality within 30 days of
receipt of the. notice of assessment No new evidence in support rt of a remission request will be allowed
after 30 days from the receipt of they notice of assessment.
This the�.__.._ .._ _..... _ day of � _ � _. dlT
BY
�° DDRES
TELEPHONE

JUSTIFICATION FOR REMISSION REOUEST
DWQ Case Number: LV-2013-0035
Assessed Party: Aqua North Carolina, Inc.
County: Mecklenburg
Permit Number: NCO063584
Amount Assessed: $247.44
Please use this form when requesting remission of this civil penalty. You must ;also complete the
"Request For Reiffnission, 9,71aiver o ` i ht to tnz Administrative Hearing, and S W atrorr of Facts E
form to request remission of this civil penalty, You should attach any docurnents tfiat you believe
support your request and are -necessary for the Director to consider in evaluating o 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 rernission 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 . , .S: § 1 - .1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please cheep each factor that you believe applies to your
ease and provide a deviled explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed);.
(a) one ormore of the civil a�Ii�- 1—were
wwron `full a lied tc the detriment f the etitior r (the assessmentf4ctors are listed
in the civil penalti,) assessment document
(h) the�or ro 11 ° aba e,d eoiatinuiri enw£Jronmental ago resultih from thy.
iolat o (i.., explain the steps hat you tools to correct the violation and pr° v rrt
_future occurrences);
s);
(c) the violation was n clement or a result of an accident i..fl explain why the violation
peas unavoidable or tsomethirr you could not rev nt or prepare or),,
) the violator had not been assessed oiw aenalties for l ti
(e) M7Mgntof the eirril penult-ww�ill revent a ent for there aiuinsar � rrernedial
actions (":.es explain howpayment of the civilpenalty,will prevent youftomperforining
the activities necessary to achieve compliance),
EXPLANATION: (use additional pagas necessary)

NORTH CAROLINA DIVISION OF WATER QLALITY
ASSESSMENT FACTORS
Violator: Aqua North CaroWinaffic.
Facility: Oxford Glen WWTP-----,----.--,
County: Mecklenbwg------____._____
Case Number- LV-2013-0035
Permit Number: NCO063584
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;
The BOD concentration was 29. 1 mg/L and 16.6 mg/L on October 3rd and 25th respectively. These
concentrations exceeded the daily maximum permit limit of 16,5 mg/L by 76,4% and 12.7%
respectively, While the other two sampling events in October were compliant the elevated BOD
concentrations resulted in a monthly average BOD concentration of 11,9 mg/L; 8.4% over the permit
limit of 11,0 mg/L.
3) The effect on ground or surface water quantity or quality or on air quality;
4) The cost of rectifying the damage;
The cost is unknown,
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown,
6) Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no eehce that the violations were committed willfUlly or
intentionally, Neither the October 2012 DMR or the response provided
explanation for the noted violations. I
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

The cast to the State of the enforcement procedures.
The cost to the 'Division of Water duality i 7. .
l Michael L. Parker, regional Supervisor
Surface Water Protection
Mooresville girl Office
Division of Water duality

L
t v•,:;.e. ^� § ,, a. ,;+
�'i -:,, 43 p•�} m�±',.3, rw^,x, s,c
MNa
x,,., R.,�ss , .� xx 3.. ;: 3 _��.. >w', t , ...
y`�., �: ,x. , . Sf� qs }.j-. fs" ,x'e1.o°'t,,} i dw .�"#M1. , :4, vs .. '.l iM v", �A, vi:`t }j�'. lvi, bt
t, u , , c �''» •
+a +M r �' ♦ ,u
`y R%�."'. } 4
, t:; z
d rxi t`yx }gel�k
'vm ¢ £ q ..a �, � lc, :$, � �ti 3 .
* �
t as
,, ,J ,.:~,: .. ,. } kr a` .�... ,,.,
d4 '%
sSa�C 1 .nx.t . ?.axt,^�. "fit' e p o� uP` - h
�, � �
i