NC0062219_LV20150075_20150526

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Sea-etary
Certified M ai I#70121640000196059298
Return Receipt Requested
May 26,2015
Martin Las
C RECEIVED/DENR/DWR
Caroolinaa Waterer Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224-0908 MAY 2 9 7 015
Vater utuauzy
SUBJECT: Notice of Violation and Assessment of Civil Penalty Permittino Section
for Violations of North CarolinaGeieral Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No. NC0062219
Carolina Water Service Inc of North Carolina
Kings Grant Subdivision WWTP
Case No. LV-2015-0075
Wake County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $172.48($100.00 civil penalty
+$72.48 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 discharge monitoring report
(DMR) submitted by Carolina Water Service Inc of North Carolina for the month of September 2014. This review has
shown the subject f aci I i ty to be in violation of the discharge limitations and/or monitoring requirements found in N PD ES
Permit No. NC0062219. The violations, which occurred in September 2014, 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. NC0062219 and G.S. 143-215.1(a)(6) 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 terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
Based upon the above findings of fact and condusons 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, DannySmith, Regional Supervisor, Raleigh Regional Office hereby make the following civil penallty
assessment against Carolina Water Service Inc of North Carolina
1628 Mal Service Center,Raeigh,NC 27699-1628
Phone [phone] Internet:wvvw.nodenr.gov<http://www.ncdenr.gov>
An Equal Opportunity 1 Aff i rmati ve Action Employer-M ale i n pat by recycled papa

$100.00 1 of the 1 vitiations of 143-215.1(a)(6) and NPDES Permit No.NC0062219, by discharging
wastewater into the waters of the State in violation of the Permit Daly Maxi mum for FEC COLI.
$100.00 TOTAL CIVIL PENALTY
$72.48 Enforcenait Costs
$172.48 TOTAL AMOUNT DUE
Pursuard to G.S 143-215.6A(c), in deterni ni ng 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.143B-282.1(b),which are
(1) The degree and acted of ham to the natural resources of the State, to the public heath, or to private property
remelting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on ar qua ity;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompl i ance
(6) Whether the violation was committed willfully or intaitionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regul story authority;and
(8) The cost to the State of the enforcement procedures
Within thirty(30)days of receipt of this nst+os,you must do one of the following:
(1) Submit payment of the penalty,OR
(2) Submit awrittei request for remission,OR
(3) Submit awritten request for an administrative herring
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Departmait of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new vi of ati on(s). Reese submit payment to the attention of:
NPDES Compl i ance'Enforcemart Unit
Division of Water Resources
1617 Mal Service Center
Raleigh,North Carolina 27699-1617
7VLF7
2

Option 2: Submit a written request for remission or mitigation induding a detailed justification for such
request:
R ease be aware that a request for remission is limited to cons derati on of the five factors I i sited 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 arnent document. Because a remission request foredoses 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 I e jai. issues Ere in dispute. Reese 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. I n determining whether a remission request wi I I be approved,the fol I owi ng factors at I be cons dered:
(1) whether one or more of the civil penalty assess-rent factors in NCGS 143B-282.1(b)waswrongfully
appl ied 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 and dent;
(4) whether the violator had been assessed civil penalties for any previ ous vi ol ati ons; or
(5) whether payment of the dvil penalty will prevent payment for the remaining necessary remedial actions
Reese note that all evidence presented in support of your request for renission must be submitted in writing. The
Director of the Division 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 cue status, di recti ons for
payment, aid provision for further appeal of the penalty to the Environmental Maiagenent Commission's Committee
on Civil Penalty Remissions (Committee). Reese be advised that the Committee cannot consider information that
was not pat of the original remission request considered by the Director. Therefore, it is very important that you
prepare a complete aid thorough statement in support of your request for remission.
•
In order to request remission. you must complete and submit the endosed "Request for Remission of Civil Penalties,
Wever of Right to an Administrative Hexing. and Stipulation of Fade form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the endosed "Justification for
Remission Request."
Both forms should be submitted to the fol lowi ng address
NPDES Compliance'Enforcenent Unit
Division of Water Resources
1617 mai Service Center
Raleigh,North Caolina 27699-1617
3

Option 3: File a petition for an administrative hearing with the Officeof AdministrativeHearinas
If you wish to contest any statement in the attached assessment document you must file a petition for an
administrative hexing. You may obtain the petition form from the Office of Administrative Hearings. You must file
the petition with the Office of Administrative Hexings 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 am. and 5:00 p.m.,
except for official state holidays The petition may be filed by facsimile (fax) or electronic mal by an attached file
(with restrictions) - provided the signed original, one (1) copy and a Ai I i ng fee (if a filing fee is required by NCGS
§150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days follawing the faxed
or electronic transmission. You should contact the Office of Administrative Hearings with all auestions regarding the
filing fee and/or the dela l s of the fi l i ng process.
The mailing address and telephone and fax numbers for the Office of Administrative Heai ngs are as fol I ows
Office of Admi ni strati ve Hearings
6714MaI Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR asfollows
Mr.Sam M. Hayes,Genera Couneei
Department of Environment and Natural Resources
1601 Mal Service Center
Raleigh, North Cad i na 27699-1601
R ease i ndlate the case number(as found on page one of this letter)on the petition.
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 matte being referred to the Attorney Genera's Office for
collection of the penalty through a d vi i action. Please be advised that additional peal ties may be assessed for violations
that occur after the review period of this Emelt.
1(
4

If you have any questions, please contact Cheng Zhang with the Division of Water Resources staff of the Raleigh
Regional Office a(919)791-4200 or via email a [e-mail].
S ay,
t
forSJayZim ,
P.G.
Director,Division of Water Resources,NCDENR
By DannySmith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDENR
ATTACHM ENTS
Ca WQS Raleigh Regional Office-Enforcement File (w/attadiments)
NPDESCompliance/Enforcement Unit-Enforcerr rt File (w/Sta hments)
Centra Film Water Quality Section (w/attachments)
5

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0075 County: Wake
Assessed Party: Card i na Water Service I nc of North Card i na
Permit No.: NC0062219 Amount Assemed: $172.48
Reese use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver of Right to an Administrative Hearing, and 3ipulation of Facts" form to request remission of
this dvil 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. Reese 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 dvil penalty
assessed. Requesting raniseion 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. §
143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply.
Reese check each factor that you believe applies to your case and provide a detailed explanation, induding copies of
supporting documents,as to why the factor applies(attach additional pages as needed).
(a) one or more of the dvil penalty assessment factors in N.C.G.S. 1436-282.1(b) were wrongfully applied to
the detriment of the petitioner(the aseasanent factors are listed i n the civil penalty assessrment document);
(b) the violator promptly abated continuing environmental danage resulting from the violation (La, explain the
steps that you took to correct theviolation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.a, explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been messed civil penalties for any previousviolations,
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.a, explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIESAGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Carolina Water Service Inc of North Carolina )
Kings Grant Subdivision WWTP )
PERMIT NO.NC0062219 ) CASE NO. LV-2015-0075
Having been aseeseed dvil penalties totaling $172.48 for vidation(s) as set forth in the assessment document of the
Division of Water Resources dated May 26. 2015, the undersigned, desiring to seek remission of the dvil penalty, does
hereby wave the right to an administrative hearing in the above-stated matter and does stipulate that the fads are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this dvil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of anent. No new evidence in support of a remission request will be Glowed after (30) days
from the receipt of the notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Carolina Water Service Inc of North Carolina
CASE NUMBER: LV-2015-0075
PERMIT: NC0062219 FACILITY: Kings Grant Subdivision WWTP COUNTY: Wake REGION: Raleigh
Limit Violations
MONITORING OUTFALL I VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE UMIT VALUE UMIT VIOLATION TYPE
$100.00 9-2014 001 Effluent FEC COLI 9/11/14 Weekly #/100m1 400 936 134.0 Daily Maximum Exceeded