NC0063584_Enforcement_20131213

AM
41
Lug Lame
VlAwbolawill 1"1%
North Carolina Department of Environment and Natural esources 0?1
Division of Water Resources
Water Quality RegIonal Operations Section
Thomas A, Reeder
Director
December 13, 2013,
CERTIFIED MAIL 7010 t870 00011558 1443
RETURN RFCEIPT REQ ESTED
John E. Skvada, III
Secretary
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. 1(a)(6) and NPDES Permit No, NCO063584
Oxford Glen WWTP
Mecklenburg County
CaseNo. 1,V-2013-0230
Dear Mr, Roberts:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$27191 1$125.00 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 July 2013. This review has shown the subject facility to be in violation of
the 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. NC0063584 and North Carolina
General Statute (G.S.) 143-215� l(a)(6) in the manner and extent shown in Attachment A, A civil
penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(#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 Resourcesand the Director
of the Division of Water Resources, 1, Andrew Pitner, Assistant Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina,
Inc.:
Mooresville Regional Office
Location: 610 East Center Ave. Suite 301 Mooresville, NG 28115 One
Phone' (704) 663-16.91P, Fax [phone] t Customer Service, 1-877-623-6748 N)o -thnC-- rolliia
Internet http,i/portai.ncdeir,orgltyeb,,wq t
Ar Equal Opporunity , A,1,nrnari,,eAfio EIpioyer - 3Vo P.ml(,'omunier pappv �a

125.00 For N.,
I ofthe one (1) violation of G.S. 143-2151( )() arid
NP6F,S Permit No. NCO063584, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent, limit for ammonia.
$---125.00 TOTAL CIVIL PENALTY
$ 14&'91
$__273.91
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(cl), 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. 14313-282. 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 violations;
(2) The duration and gravity of the violations;
(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 saNred by noncompliance-,
(6) )XIbether the violations were committed willfull or intentionally;
y
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Con-unission 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 penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver./brin). 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 Conipliance/F-ttforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
1 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 hearing, such a request must be accompanied by a
waiver of your right to an administrative bearing and a stipulation that no factual or legal issues are in
dispute. Please prepare a detailed statement that establishes vvhy you believe the civil penalty should
p I

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 all be considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-281 I (b) were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from
the violatiow
(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, '17he 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 case status, directions for payment, and provision for further appeal of the penalty to the
Environmental Management Conunission*s Committee, on Civil Penalty Remissions (Committee).
Please be advised that the (`lommittee 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 sup , port of your request for remission.
In order to request remission, you must coniplete and submit the enclosed "Waiver of Right to an
Administrative Hearing and Stipulation offacts" 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 thef6floNving address:
Point Source Compliance/Enforcenient Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative bearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for
,in administrative hearing. You may obtain the petition forni from the Off -ice of Administrative
Hearings. You must filer 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 nomial 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 thestraile (fax) or electronic mail by an artiched 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 laxed or electronic transmission. You should contact the Office of Administrative
Hearings with all questions regarding the filing fee andjor the details of the filing process, The
mailing address and telephone and fax numbers Fear the Office of Administrative Hearings are as
follows-

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, Ali 7699-671
One (1) copy of the petition must also be served can DENT l as follows -
Mr. 11.,acy Presnell, General Counsel
9E1
1601 Mall Service ("'enter
Raleigh, h, NC" 276 -1 City 1
Please indicate the case number teas found on page one ofthis letter) on the, petition,
Failure, to exercise one of4the options above within thirty (d) days of receipt of this notice, as;
evidenced by an internal date./tinge received stamp (neat a postmark), will result in this matter being
referred to the Attorney General's Office fc r collection of the penalty° through as civil action,
Please be advised that additional penalties may be assessed for violations that occur after the review
period oftlaas assessment. If the.violations are.of a continuin a nature. not related to as elation aa~n /Or
niai tenanS_p rrtl 1prtr, and to anticipate remedial o ozast rla r i iti l a 1 A ra rag v; wish tos
ccariside 4ppLyin ta?ra eclat] rc cr by cart s tN fM �atI Iq tam` c Lae�tinCr� bout this ivil , alt
assessm� rat mar �a eci l: r er b� .��c�ta �axt, t�leasew contact the ate. .esourc es staff f of the Mooresville
capt `7 } _..1699� l�.c pr�aal Office � _�..� .
(Date) Andrew 1 itner, Assistant Regional
rail arpcavisor
Water Quality Regional ionaal Operations Section
Mooresville Region
Division ision of Water Resources
cc Mooresville Regional Office Compliance }wile w,f attachments
Raleigh Coaaapliance/ nforccr cent File w/attachments
Central files ups' attachments
R. l n Belle, MC WQ
ap/naaa

ATTACHMENT A,
CASE NO.LV-2013-0230
Outfall Date Parameter Reported Value Permit Limit
The Aqua North Carolina,, Inc. response toNOV- 013-1. '-t ' was reviewed by DW1
staff. Mitigating factors were found to result in a reduced civil penalty mount,

STATE OF NNORT11 CARO wIN ART1 N'r OF ENVIRONMENT
EN
AND NATtflZAL RESOURCES
p T'14E MA'FrT E OF ASSESSMENT WAIVER OF RIGHT TO AN
TEE CIVIL PENALTY AGAENIS I' AT MITNi "r IVE 1IF'ARI G AND
AQIJA NORTH CAROLINA, INC. STIPULATION OF FACTS
I7 LE NO. I,V- I13-023
Having been assessed civil penalties totaling $2 .9 for violation(s)a s set fiorth in the
a,"essment document of the Division of Water Resources dated December 1, the undersigns
desiring to scck remissi n of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated d matter and does stipulate that the facts are as alleged in the assessment
document. The undersigned further understands, that all evidence presented in support ofremission of
this civil penalty must be submitted to the Director of the Division ofWater Resources s within 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 2013
B

R.J'ISTIFICXf ION FOR REMISSIONLEST
DWR LaseNumber: V- 01 -023
Assessed Pity: Aqua North Carolina, Inc.
Co nt,y: Mecklenburg
Permit Number: NCO063584
Amount Assessed- $273.91
Please use this form when requesting remission of this civil penalty. You must also complete the
e uyt.. #or m issicrti FVyiv # coL � O tt to c m inistr t ve Heard c n i yLar' n ()j` ct ,F
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary t-or the Director to consider in evaluating your request for
remission. please be aware that a request for remission is limited to consideration, of the five factors
listed below as they may relate to the reasonableness of the amount of they civil penalty assessed.
Requesting remission is not the proper prctcedure for contesting whether the violation(s) occurred or
the accuracy of any of the fatctual statements- contained its the civil penalty assessment doca n ent;
Pursuant to N. .G. . § 143 - .l(c), remission of a civil penaltyK may be granted only when one or
more of the following five f`aactcrrs applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
fiactor a plics (attach additional pages as needed).
(a) one or more of the cis assessment factors in .0G. . 143B-`� .
A-ron ill a a lied tq di d trittt tt t�f the xeti.tacync2r fifes .s°s��ssment factors are listed
ire the civil penalty assessment a ocui aena )
.f the yialttr :..:�avir�raite�wcra tl ecrnas...
violation i, e.T e,�loin they sreps that you to ok tee correct t the violation andpre vent
future aaccurre era e.$) -
{c.) the violation was inadvertent or a result of an accident (i e,, explain why the violation
was unavoidable or somethin you could not ere vent r- bade_ aaare,fi' t );
td the z a atca had not been assessed civil_I eta ft ar any pj. yious violations;
te) a ttient of the_ucivil malt will r y sat as r tt �ca� the rrta�i.�ai� c s tease l
_.. Acttons i.e., explain laerwpgyment of they civil, penalty will prevent you ,liompelbrmin
the activities ne `e.r ar tar achieve compliance),
EXPLANATION: (use additional pag'es anecessary)

Violator: AqqgLNoijh Carglina, ln(�.
Facility: Oxford Glen WWTP
County: MVIeck] en bur
Case Number: LV-2013-0230
Permit Number: NCO063584
The effluent ammonia concentrations were 0,56 mg/L, 2,88 mg/L, 0.34 mg/L, < 0.2 mg/L, and < 0,2
mg/L when measured on July 3rd, 1 1th, 18th, 25th, and 31st. None of these concentrations
exceeded the daily maximum permit limit of 2,9 rngIL- However, the noted concentrations resulted in
a monthly average ammonia concentration of 0.76 mg/L, which exceeded the permit limit of 0.5 mg/L
by 511%
3) I'he effect on ground or surface water quantity or quality or on air quality;
MONNIMMM10- ..
1110,1•1"M 1 I
4) `Fhe 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;

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 four previous CPAs'for the Oxford Glen WWTP; all four occurred in last 12 months,
LV-2013-0168 1 $548 91 LV for BOD and ammonia Pena�t
Ik j4L_
LV-2013-0113 1 $497,44 LV for BOGS and ammonia, Penpj!y way in full,
LV-2013-0035 1 $247 44 LV for BOD and diss�qolvi aqqe!j. (�naqy amid in full. ad _ E_ __
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $148,91
It.. . ....... ...
Date Andrew Pitner, Assistant Regionaaervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources

MONITORING REPORT(MR) VIOLATIONS for:
PERMIT. NCO063584
FACILITY:
t
Aiwa North Carolina
leas
t
-
Oxford Glen
WWTP
CEaUNTY. tw+lacNclezahurg
REGION, 141ooreavIINa
Limit Violation
�.,.'. � � I`
�
—,ft
F
k
`
MONITORING OUTFAi_L 1
REPORT PPI
LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT 4P
MEASURE;
CALCULATED
LIMIT
VALUE �
fa, i11FER LlttatiT
VIOLATION TYPE VIOLATION ACTION
07 -•3013 001
Effluent
Nitrogen, Ammonia Total (us
N) - Concern retiati
07/31/13
Weekly
mgll
0 5
0, 0 51, '
Mcarafhl Average E�ceerlscl None
g �E •
I
_
PERMIT. I'�CQii21628
F ILi : Tia n `t I*N trod -,.^ d ,. TP
�
CC�N Stanly
c�
l
i
w
�orearril
i } Limital Mori
MONMC It+B6 OUT A£Lr
�
�
VIOLAt9i N
i!
'
tYNIT tF
-
t
-
REPO T� Pf
E
OT 01 bol
f�CA ION
Cnlifa l
C
EaPAR,METEF SURE
IT
CA%CULAT
UE °
%OVtER LIMIT
l
x
LATION TYPE "VIOLATION AQ�I aN
�. � F
flip nt
r
m, e ME Al C
Broth, 4, C
07YOI
3}C weekd10Qml00
51,,33 ltt3.5S
eekl Geometric een None
yExceeded
PERMIT: N 60044024
IFACILITYCity ofAlbernarl4:-Highway 2WTF
COUNTY: Stanly
l
REGION. NWlzaoraavllla
Limit Violation
t
r
I
MONITORING OUTFALL1
REPORfi PPI
�
VIOLATION
UNIrOF
�
CALCULATED
{'
LOCA �ICN
�
PARAMETER
GATE
FREC�ENC y
MEASURE
LIMB"
VALUE �
✓a OVER LIMIT
VIa41LA71(�N TYPE VICi.ATIICta ACTION
07e dii13 041
Eft u
Flow, in conduit or thru �
treatment plant
Q7 31l13
aye Permit
crngd
ti:114
0. �041 70.03
1,
ionthly Average Exceeded None