NC0035041_Enforcement_20140424

North Carolina De
Pat McCrory
Governor
prernovver
tur
NCDENR
partment of Environment and Natural Resources
April 24, 2014
CERTIFIED MAIL .7010 0290 0000 4565 2308
RETURN RECEIPT REQUESTED
Mr, Martin Lashua
Carolina Water Service Inc. of North Carolina
P.O. Box 240908
Charlotte, North Carolina. 28224
Dear Mr, Lashua:
John E. Skvada, 111
Secretary
SUBJECT: Notice of 'Violation and Assessment of Civil Penalty for
Violations ofNC. General Statute 143-215.1(a)(6) and NPDES
Permit No, NC0035041
Herlihy Acres ww-rp
Union County
Case No, LV-2014-0037
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S1,149.22
($1,000.00 civil penalty + $149.22 enforcement costs) against Carolina Water Service Inc. of North
Carolina.
This assessment is based upon the following facts: A review has been conducted of the self -monitoring
data reported for November 201.3. This review has shown the subject facility to he in violation of the
discharge limitations found in NPDES Permit No, NC0035041, The violations are summarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a .matter of law that Carolina Water Service Inc. of North
Carolina violated the terms, conditions, or requirements of NPDES Permit No. NC0035041 and North
Carolina General Statute (G.S.)1.43-215.1(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(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 Resources, L Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against Carolina Water Service Inc, of
North Carolina:
Mooresville RElional. Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 281'15
Phone: [phone] Fa.x: (7C14) 663-6040 1 Customer Service: 1-877-623-6748
inlierneh http:tiportal.nodennorgAiv„eb)wg
One
NorthCarolina
Naturally
An Equat Opportunity 1 Affirmative ActaEmployer - 307'. Rae:Ka:int Certr PCrL, eaneenreer paper

750..00
For 1 of the one (1) violation of (IS. 143-215.1(4)(6) and
NPDES Pe:min No. NC0035041, by discharging waste into the
waters, of the State in violation of the permit- daily maximum
effluent limit for biological oxygen demand (BOD).
For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0035041., by discharging waste into the
watersof the State in violation of the permit monthly average
effluent limit. for biological oxygen demand (ROD),
TOTAL CIVIL PENALTY
149.22 Enforcement costs
$ 1,149.22 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c).in determining the amount of the penaltyI have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at a S. 143B-282.1(b), which are:
(1)
(4)
(5)
(6)
(7)
(8)
1,00000
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;
The duration and gravity of the violations;
'Ile effect on. ground or surface water quantItv .r quality or on air quality;
The cost of rectifying the damage;
T.he amount ofmoney saved by noncompliance;
Whether the violations were committed willfully or intentionally;
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 cost to the State of the enforcement procedures.
\\ ithin thirty days of receipt of this notice, youmust do one of the following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiverfortn). Payment of the penalty will not foreclose further
enforcement action :lor 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
OR
2. Submit a written request for rcmission including a detailed justification for such request:

Please he aware that a request for remission is limited to consideration of the fivefactors listed
below a„,s 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 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 'penally should he remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will he approved, the following factors shall he
considered:
(1) whether one or more of the civil penalty assessment factors in 0,S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner;
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 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 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" forim, within thirty (30) days of receipt of this
notice. '['he Division of Water Resources also requests that you complete and submit the enclosed
"Justification for Remission Request." Both forms should he submitted to the .following address:
Wastewater ,Branch
Division of Water Resources
l 61.7 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative hearingwith 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 .Administrafive 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
140.1(ings. aceepts rig' Marld ay through Friday between the -lao urs of 800 an. and 5:00 pan:,
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 tiling fee (if a filing
fee is required by N(GS §150B-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 questions regarding the tiling tee and or the details of the
filing process. The m.ailing address and telephone and fax numbers for the Office of Administrative
Hearings are as :follow's:
Office of Administrative Bearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: (919) 431,-3000; Fax [phone](1
One (1) copy of the petition "mi5t. also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Please indicate thc case nu -the "as tound on page one of this tette the petition.
Failure to exercise one .of the options above 'within thirty (30) days of receipt of this notice, as
evidenced by an internal datettime 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 he advised that additional penalties may be assessed 'for violations that occur after the
review period of this assessment. If you have any questions about this civil penalty assessment please
contact staff in the Mooresville Regional Office at [phone].
*chaell..„ Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCI)FNR
AT1ACTIMEN715
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w! attachments
Central Files w/ attachments

001
001
Parame
BOD
BOD
ATTACHNIE"f
CASE NO. Ii1er-2014-0037
Reported Value
1,1S mg/
289.8 ne
Per mi I, It
2. S ;ng L (I ail . maxi is
15,0 /-inthly a r~a
a Water„Set-Nice Inc. of € `orth Ca,rolirra did not provide a response to NOV-2014-
-0083. However, additional information regarding the noted violation was provided
ith the November 2013 Discharge Monitoring Report. Mitigating factors were not round
the information provided to result in a reduced civil penalty.

;.PERNor:NOsNCI103$041..
STA:TE OF NORTI1 ( AROLINA DEP OF EN 'CIRONMENT
AND NATI,TRAL RESOURCES
.....1101,t1.N$FYS0E113NION.
IN 'THE NIAITER OF ASSESSMEN1 ) WAIVER OF RIGIII TO AN
OF CIVIL PENALTY AGAINST' ADMINISTRATIVE HEARING AND
CAROLINA WATER SERVICE IN(. OF ) STIPULATION OF FACTS
NORTH CA11.0LINA
)
)
f ILE NO. LV-2014-007
'laving been assessed civil penalties totaling $1,149.22 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated April 24, 2014, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an adrnithstrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. lite undersigned further understands that all es idence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Resources within 30 days
of receipt of the notice of .issessment. No new evidence in support of a remission request ss ill be
allowed after 30 days front the receipt of the notice of assessment.
'I -his the
day of 2014
ADDRIESS
TELIFSPITONE.

JUSTIFICATION FOR 'REMISSION REQUEST
DWR Case Number: LV-20141.-0037
Assessed Party: Carolina Water Service inc. of North Carolina
County: Union
Permit Number: NC0035041
Amount Assessed: S1,149,22
Please use this form when requesting remission of this civil penalty. You must also complete the
"..Reauest For .Remission, Waiver Rightto an Administrative .1-fearing, and Stipulation of .Facts"
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 aW are 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.aS § 143B-282,I (c), remission of a civil penalty may be granted only when one or
more 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 pages as needed).
(a) one or more of the civil penalty assessment factors in N. 7.G.S. 143B-282.1(b) were
wrongfully applied to the detrimentof the petitioner (the assessment ,factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental esulting from the
violation (i.e., explain the steps thatyou took to correct the violation and prevent
/uture occurrences);
(c) the violation was inad.vertent or a result of an accident (i.e.„ explain why the violation
wos unavoidable 0,r something you could not prevent or prepare !Or):
(d) the violator had not been assessed civil penalties for any_previons vio
payment of the civil penalty will prevent payment for the remaining. necessary remedial
actions (1,e.„ explain how payment of the civil penalty will prevent you troin performing
the activities necessary to achieve compliance),
EXPLAI : (use additional pages as necessary)

NORT -I CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: Carolina Water Service Inc. of North Carolina
Facility: Hernby Acres WWTP
County: Union
Case Number: LV-2014-0037
Permit Number: NC0035041
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;
The discharge of biological oxygen demand (BOD) in excess of the permit limits could have caused
the decreased instream dissolved oxygen concentration noted downstream of the facility (4.6 mg/L
compared with 5.7 mg/L at the upstream sampling site) on the November 2013 DMR. The receiving
stream is the North Fork Crooked Creek, a class C stream, in the Yadkin -Pee Dee River basin. It has
been listed as impaired for turbidity since 2004.
2) The duration and gravity of the violation;
The BOD concentration was 1,154 mg/L on November 5, 2014, which exceeded the daily maximum
permit limit of 22.5 mg/L by 5,028.9 mg/L. The next sampling date (7 days later) noted a BOD
concentration of 3.0 mg/L. The remaining monitoring during the month noted BOD concentrations of
<2.0 mg/L and 2,0 mg/L. The monthly average BOD concentration was 289.8 mg/L compared with
the permit limit of 15.0 mg/L; an exceedance of 1,834,7%.
3) The effect on ground or surface water quantity or quality or on air quality;
BOD is treated as instream toxicant by the State of North Carolina as it is an oxygen -consuming
waste and increased concentrations can reduce the amount of oxygen available to aquatic
organisms, A BOD concentration of 1,154 mg/L is expected to severely reduce the instream
dissolved oxygen immediately downstream of the WWTP. The permittee noted that the downstream
(100 ft.) sampling site dissolved oxygen was reduced from 5.7 mg/L to 4,6 mg/L.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
There was no money saved by noncompliance. In fact, the permittee probably incurred costs from
the noncompliance episode since they noted additional treatment chemical was used because of a
chemical feed pump issue.
6) Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that 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
Environmental Management Commission has regulatory authority; and

There have been two prior CPAs for the Hemby Acres P uvith no CPAs issued in the past `l2
€months.
The cost to the=State from the enforce ent procedures.
The cost to the Division of WateWater :resources is $149.22.
Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR

MONITORING REPORT(MR} 1fIOLATIONS for:
PERMIT: NC0075701
Limit Violation
FACILITY'
MONITORING OUTFALL
REPORT l'PI LOCATION
001 �b Effluent
PERMIT: NC0035041
PARAMETER
of Albemarle - Tuckertown WTP
Flow, in conduit or thru
treatment plant
J2/14/1'i Page: 5 of 6
VIOLATION UNIT OF CALCULATED ,a
DATE Ft 6 3UENCY MEASURE LIMIT \ VALUE %. (A/EA LIMIT VIOLATION TYP1*-- —
ntinuous mgd 0.02 'Li,111„ 455.83 Monthly Average Exceed
FACILITY: Carolina Water Service Inc of North Carolina - Hamby COUNTY: Union
Acres WWTP
villa
REGION: Mooresville
N
Li it Violation
MONITORING OUTFALL /
REPORT PPI LOCATION
11 _2013 001 Effluent
11 -2013 001 Effluent
PARAMETER
BOD, 5Day (20 Deg. C)
Concentration
BOD, 5-Day (20 Deg. C) -
Concentration
VIOLATION
DATE FREOIIENCY
UNIT OF,
MEASURE
11/05/13 VVeekly nigli
11/30/13 Weeky
LIMIT
CALCULATED
VALUE T OVER LIMIT VIOLATION TYPE
1,154 ' 5.028.89 Daily Maximum Exceeded None
VIOLATION ACTION
289.75v 1,831,67 MonthlyAverage Exceedeld None
PERMIT: NC0080381 FACILITY: City of Monroe - John Glenn WTP
COUNTY: Union
REGION: Mooresville'
it Vicl�tlon
MONITORING OUTFALL 1
REPORT
PPI LOCATI
PARAMETER
11 -2013 001 Effluent F
treat
onduit or thru
plant
VIOLATION ,-M,. UNIT OF CALCULATED ',,
JATE FREQUENCY "`ME.ASURE LIMIT VALUE CA R L/M T VIOLATION TYPE
nn
f30/13 Continuous rnyd * '" 0.898 0 98'88 7.89 Monthly Aver e'"'E

Proposed
iiltipIie
Response
nformation:
DMR
Information:
NPDES DMR Violation Penalty Worksheet
Hemby Acres W\'VTP
DMR:
Reduced Penalties:
NOV-NRE
November 2013
Flow:
Violations were addressed through issuance of
NOVs
Yes L1No LA
DMR
--Commen
The NOV-NRE was issued on February 28, 2014, and received by the permittee
on March 6, 2013. No response has been received by MRO,
There was one daily amximum BOD violation (1,154 mg/L on November 5, 2013;
5,028.9% exceedance of 22.5 mg/L limit) and a monthly BOD violation (289.8
mg/L; 1,831.67% over 15,0 mg/L limit); both violations are proposed for
enforcement. November 2013 DMR notes there were violations for BOD and that
they found "a problem with the chemical feed pump. This has been corrected.
All other parameters were well below limits."
Previous
Violation
Information:
Other Relevant
Information:
Proposed
Penalty
Final Penalty
Notes:
1,A7N-ItrLL' (l.„)0.---U )(21
There was also a BOD violation for the last week of October 2013, A BOD of
21.0 mg/L was noted on October 29, 2013; A NOV was issued for this daily
maximum limit violation.
The August 2013 DMR noted a fecal coliform violation 670 CFU/100 mL on
Au ust 6, 2013; a NOV was issued for this daily maximum imit violation.
The WWTP discharges in the North Fork Crooked Creek classified as C
waters in the Yadkin -Pee Dee River basin. The staff report from May 2013
notes "the receiving stream is 30-35 feet wide with a flat stream gradient; it
appears to have considerable flow."
Although the permittee does not note the chemical for which the feed pump
was an issue, it is surmised that the liquid dechlorination agent (sodium
bisuifite as noted in June 2012 CEI) was overfed since it can exert its own
BOD in addition to the BOD in the treated wastewater.
Penalty
$1,000 Increase Decrease Same
Outcome:
Page 1 of 1
Rev. 0, 1-10/14