NC0063584_Enforcement_20131014

North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Program
Pat McCrory Thomas A, Reeder John E. Skvada, 111
Governor Director Secretary
October 14, 2013
CERTIFIED MAIL 7010 0780 0000 5519 0027
RETURN ItECUIPT REQUESTED
Mr. Thomas J, Roberts
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, North Carolina 27511
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.I(a)(6) and NPDES Pennit No. NCO063584
Oxford Glen WWTP
Mecklenburg County
Case Nov. LV-2013-0187
Dear Mr. Roberts:
This letter 'transmits a Notice of Violation and assessrnent, of civil penalty in the amount of
$498.91 ($350.00 civil penalty + $148.91 enforcement costs) against Aqua North Carolina, Inc.
This assessment is based upon, the following facts: A review has been conducted of the self -
monitoring data reported for June 2013. This review hos, showrn the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC0063584- The violations are summarized
in, Attachinent 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 PDES Permit No. NCO063584 and North Carolina
General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown inAttaclunent A. A civil
penalty Tnay be, assessed in accordance with the maxiniums established by G.S. 143-215.fa A(a)(2)
Based upon the above findings rat` 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 Resources, I, Michael L. Parker, Regional Supervisor forthe Mooresville
Region, hereby make the following civil penalty assessment against Aqua North C-'arotina, Inc.:
Mooresville Regionat Office
Location, 610 East Center Ave Suite 301 Mooresvft, N(' 28115 One
Phone: [phone], Fax 704 i 663-604011 Customer SenM` 1-877-6236748 NonhC�trofilna
Inlemet A'atunally
A o� ki a] 0p p(Aiii I v A Il i'ACN"' I FA I r'[GVer -- "R;", POV (,;M15LJM0 I paper

100.00 For I of the two (2) violation(s) of G. S. 143-215.1() )
and NPDES Permit No, NCO063584, by discharging waste into
the waters of the State in violation of the permit weekly average
effluent limit for ammonia.
21l.Q0 For I �of the one (1) violation of G. S. 143-215 . I (a)(6) and
NPDPe 3584rmit No. NCO06, by discharging waste into the
fS
waters of the State, in violation of the permit monthly average
effluent limit for arm monia,
350,00 TOTAL CIVIL PENALTY
148.91 Enforcement costs
$—,-498.91 TOTAL AMOUNT DUE
Pursuant to G.& 143-215.6A(c), in deterinining 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. 14313-282 a I (b), which are:
(1) The degree and extent of hamr, 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) 'Fhe 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 none omp I iajrce,
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Enviromnental Management Commission has regulatory authority, and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalq,:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (dry not include waiverform). 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 Compliance/Enforeement Unit
Division. of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Subunt a written request
111 101
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 viol.ation(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 that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes by 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 G.S. 143 B-282. I (b) were
wrongfully applied to the detriment of the petitiorter;
(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 information presented in support of your request for remission must be submitted
in writing. The Director of the Division, of Water Resourceswill review your evidence and inform
you of his decision in the ratter of your remission request. The response will provide details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
Erivirontriental 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 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 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 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:
Point Source Compliance/Ent"orcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
1 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 Administrativel-1earings within seven (7) business
days following the taxed 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]; Fax.- (919) 431-3 100
One (1) copy of the petition must also be served on DEN R as follows;
Mr. Lacy Presneil, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 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 (3 )0) days of receipt of this notice, 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 the violations are of a continuing,-Dature�, not related to o ration andALr Te--
maintenancrpctivities th mg��uDn, wishtq
MIN=
&egjpnql office 6Q-1699.
-9feat --_ _-)— -
Michael L. Parker
Regional Supervisor
Division of Water Resources
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
R. Rozzelle, MCWQP
EM

ATTACHMENT A
CASE NO. LV-2013-0187
Outfall Date Parameter
Reported Value Permit Limit
001 6/20/13 Ammonia
3.03 mg/L 2,9 mg/L (Day maximum)
001 6/27/13 Ammonia
3,93 mg/L* 2.9 mg/L (Daily maximurn)
001 6/30/13 Ammonia
2.22 mg/L* 0.5 mg/L (Monthly average)
Denotes civil penalty assessment
The Aqua, North Carolina, Inc, response to NOV- 2013-LV-0532 received on October 3,
2013, was reviewed by DWR staff.
Mitigating factors were not found to result in a
reduced civil penalty amount.

STATE OF NORTIT C R{ LIN _ DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
iNTIJE MATTER. OF ASSESSMENT WAIVER ER: F RIGHTTO A
F CIVIL PENALTY GAINST ADMINISTRATIVE HEARING AND
AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS
PERMIT NO. NCO0 35 84
PILE NO, V-20I3-017
Having been assessed civil penalties s totaling 1 for violation
(s) as set forth in the
assessment document of the Division of Water Resources dated October 14,201.3,the undersigned;
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated natter and does stipulate that the facts are as alleged in the assessment
document. The undersigned ned further understands that all evidence presented in support of: remission of
this civil penalty must be submitted to the Director of the Division ofWate ° Resources within 30 days
of receipt of the notice of assessment, No new evidence in support of a remissionrequest will be
allowed after 30 days from the receipt of the notice of assessment,
'This the: day of 2013
B
TELEPHONE

JUSTIFICATION 1'V I ION REQUEST
dse Number. LV-201- l
Assessed arty: ,_aqua North Carolina, Inc.
County: Mecklenburg
Permit Number: NCO063584
AmountAssessed: $498.91
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For etraissirara ll�aifer� of ight t are Administrative lle ar°ira ,cared % ulation o'� as ts',A
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 aanount 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, . § 14 1 - .1( ), remission of a civil penalty may be granted only when one or
ore of the following five factors applies. 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 pales as needed).
(a) rape, or more of:the cif=ij h l_y, at sessment factors in N.C.G. . 1.4 P- : were
cvron full' a lied to the detriment of ale etit ner he assessment,ffactors are listed
in the civil penalty assessment document);
() the violator prone tl a a e to tinuin environrt ntal dr a e s altin faocn the
violation., (i.e., explain the steps that you took to correct the violation and prevent
future occurrences):
(e) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or somethingyou could not rvent r°lrrare ),,
(d) the vioator had _ not been assessed civil eta ties f and previous violations;
(c;) ppayment of the civil penalty will Drevent Davin
actions (1, e., explain how payment of the civil
the activities necessot to achieve compliance):
EXPLANATION. (ease addition al pa es cis necessary)
the remaining necessaTy remedial
will prevent youftom performing
min

I
Violator: Aqua North Caro.1inaltic.
Facility: Oxford Glen WWTP
County: MecklenbqM—
Case Number: LV-2013-0197
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 ammonia concentration was 3,03 mg/L and 3.93 mg/L on June 20th and 27th, which exceeded
the daily maximum permit limit of 2.9 mg/L by 4,5% and 35,5%. These concentrations along with two
ammonia concentrations (1,99 mg/L and <0,2 mg/L) resulted in a monthly average ammonia
concentration of 2.22 mg/L, which exceeded the permit limit of 0.5 mg/L by 343%,
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,
The amount of money saved by noncompliance is unknown.
6) Whether the violation was committed willfully or intentionally;

as a cause of violations in February and May 2013 and previous correspondence noted the problems
had been fixed. No cause was noted for the October 2012 violations.
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
There have been two previous CPAs for the Oxford Glen WWTP both occurred in last 12 months.
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $148.91.
Michael L. Par er, RegOna-I-S-6—pervisor
Mooresville Regional Office
Division of Water Resources

PERMIT: NCO063584
FACILITY: Aqua North Carolina Inc - Oxford Glen WWTP
COUNTY, Mecklenburg
REGION., Mooresville
Limit Violation
MONITORING OUTFALL fi
VIOLATION
UNU'OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE % OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
06-2013 Gal
Effluent
Nitro on, Ammonia Total (as
Foncentration
06120113 Weekly
mg/I
1
2,9
3 03`�' 4,48
Dally Maximum Exceeded
None
N) -
06 �2013 001
Effluent
Nitr en, Ammonia Total (as
06/27/13 Weekly
mg/l
2,9 V
3,913 V 35,52
Daily Maximum Exceeded
None
N) -Torcentration
06 �2013 001
Effluent
Nitrogen, Ammonia Total as
06/30113 Weekly
mg/i
0,514
Z22%` 343
Monthly Average Exceeded
None
flit - Concentration
PERMIT. NCO068705
FACILITY: Mariners Watch. Homeowners Association - Mariners
COUNTY: Mecklenburg
REGION. Mooresville
Watch WWTP
Limit Violation
MONITORING OUTFALL I
VIOLATION
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAMETER
DATE FREQUENCY
MEASURE
LIMIT
VALUE Jr OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
06-2013 001
Effluent
Solids, Total Suspended -
06105113 Weekly
mgh
45
48 &67
Daily Maximum Exceeded
None
Concentration
PERMIT: N00006220
FACILITY: City of Kannapolis - Kannapolis WTP
COUNTY: an
REGION- Mooresville
Lilmit Violation
MONff0RtNG OUTFALLI
VIOLATtON
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PARAME,rER
DATE FREQUENCY
MEASURE
LIMIT
VALUE OVER LIMIT
VIOLATION TYPE
VIOLATION ACTION
06-2013 001
Effluent
Flow, if) concluit or thru
06/30113 Weekly
mQd
0.367
0,3909 6.52
Monthly Average Exceededi
None
treatment plant