WQCS00372_DV-2023-0138 Civil Penalty Folder_20231208

ROY COOPER
Governor
ELIZABETH S. BISER
Secrernry
RICHARD E. ROGERS, JR.
Direcrof
Certified Mail # 7020 3160 0000 4115 0530
Return Receipt Requested
John L McDonald
Old North State Water Company LLC
1620 Chalk Rd
Wake Forest, NC 27587
„s StAlt,,
NORTH CAROL:NA
Environmental Quality
December 8`I`, 2023
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and Collection System Permit No. WQCS00372
Old North State Water Company LLC
Briar Chapel Collection System
Case No. DV-2023-0138
Chatham County
Dear Mr. McDonald:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,090.68 ($1,000.00 civil penalty
+ $90.68 enforcement costs) against Old North State Water Company LLC.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Old North State Water Company LLC. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCS00372 and G.S. 143-215.1(a)(1). The
violation(s) that occurred are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Old North State Water Company LLC violated the terms,
conditions or requirements of Collection System Permit No. WQCS00372 and G.S. 143-215.1(a)(1) 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).
North carollno 0cpartmeni of Environmental Qnzlny I Dirlsion of Water Resowee,
D E �� RafclyhRey*"1 Office - 3WO N nett Dr v I Raleigh. Norlhcarohna 27b(VQ

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Vanessa
Manuel, Assistant Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Old North State Water Company LLC:
1 000.00 For 1 of the I violations of Collection System Permit No. WQCS00372 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
1 000.00 TOTAL CIVIL PENALTY
90.68 Enforcement Costs
1 090.68 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), 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. 143B-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 violation;
(2) The duration and gravity of the violation;
(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;
(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
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of-
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation 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 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. 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 and
agreement 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 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 NCGS 14313-282.1(b) was 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 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 evidence 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 the 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 "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing=and StiRplation of Facts" form within thirtX (30) dais 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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
/.\2D
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 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 (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 Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative_Hcarings with all quest ions_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:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 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 (30) days of receipt of this letter, 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 you have any questions, please contact Kevin Fowler with the Division of Water Resources staff of the Raleigh Regional
Office at [phone] or via email at [e-mail].
Sincerely,
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: Laserfische

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2023-0138 County: Chatham
Assessed Party: Old North State Water Company LLC
Permit No.: WQCS00372 Amount Assessed: 1 090.68
Please 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 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 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
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.S. § 14313-282. 1 (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. 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.C.G.S. 14313-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent f tture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., 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 ENVIRONMENTAL QUALITY
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Old North State Water Company LLC )
Briar Chapel Collection System )
PERMIT NO. WQCS00372 ) CASE NO. DV-2023-0138
Having been assessed civil penalties totaling $1,090.68 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated December 8"' 2023, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (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
ADDRESS
TELEPHONE
SIGNATURE
120.

ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: DV-2023-0138
PERMIT NO: WQCS00372 REGION: Raleigh
FACILITY: Briar Chapel Collection System COUNTY: Chatham
Other Violations
INCIDENT VIOLATION TOTAL VOLUME
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS)
202301330 9/5/2023 CSOISSO(Sewer Overflow) Discharge without valid permit 10,200
PENALTY
A UAI I KIY

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Old North State Water Company LLC
Facility Name: Briar Chapel Collection System
Permit Number: WOCS00372
County: Chatham
Case Number: DV-2023-0138
ASSESSMENT FACTORS
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;
On September 5`h, 2023, an approximate 10,200 gallon sewer system overflow occurred from the Briar Chapel Collection
System due to a Pipe failure (break). This sewer system overflow occurred at the 90 Old Piedmont circle, Chapel Hill
which drains to Pokeberry Creek, a class WS_IV; Nutrient Sensitive Water, in the Cape Fear River Basin. Effects on
water quality include nutrients and pathogens.
2) The duration and gravity of the violation;
The SSO started on 09.05.2023 at 06:30 pm and ended the next day at 07:30 am.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on si � water quality include nutrients and pathogens to surface waters.
i¢j* 12o23
4) The cost of rectifying the damage;
The cost of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
It does not appear that 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;
There have been 0 enforcement cases within the past 12 months.
8) The cost to the State of the enforcement procedures.
$95.72
L e" k.,e— 2'23
Date
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

DocuSign Envelope ID: BDC8793D-3D5E-4436-BB10-B7BC2BC9B6AB
ROY COOPER
(. UYET ❑or
ELIZABETH S. BISER
RICHARD E. ROGERS. JR.
:Xrnrror
Certified Mail # 7020 3160 0000 4115 0240
Return Recei nt Requested
John L McDonald
Old North State Water Company LLC
PO Box 10127
Birmingham, AL 35202-0127
NORTH CAROLINA
Environmental Quality
October 10, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0360
Sanitary Sewer Overflows - September 2023
Collection System Permit No. WQCS00372
Briar Chapel Collection System
Chatham County
Dear Mr. McDonald:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Old North State Water Company LLC. The Division's Raleigh Regional Office concludes that the Old North State
Water Company LLC violated Permit Condition I (2) of Permit No. WQCS00372 by failing to effectively manage,
maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or
surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S.
143-215.1(a)(1), for which a permit is required by G.S. 143-215.1.
The Raleigh Regional Office is providing the Old North State Water Company LLC an opportunity to provide
evidence and justification as to why the Old North State Water Company LLC should not be assessed a civil
penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
202301330 9/5/2023 780 90 OLD PIEDMONT Pipe Failure (Break) 10,200 Unknown Notice of Violation -
CIRCLE, CHAPEL HILL, , Intent to Assess
27516
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DWR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Division of Water Resources Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00372
(WQCS# if active, otherwise use WQCSD#)
Facility: Briar Chapel Collection System Incident #: 202301330
Owner: Old North State Water Company LLC
City:
County: Chatham
Region: Raleigh
Source of SSO (check applicable): [l Sanitary Sewer ❑ Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): 90 OLD PIEDMONT CIRCLE, CHAPEL_ HILL, , 27516
Manhole #:
Latitude (Decimal Degrees):
Longitude (Decimal Degrees):
Incident Started Dt: 09/05/2023 Time: 6:30 pm Incident End Dt: 09/06/2023 Time:
(mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy)
07:30 am
(hh:mm AM/PM)
Estimated Volume of the SSO: 10,200 gallons Estimated Duration (Round to nearest hour): 13:0 hours
Describe how the volume was determined: Estimation
Weather conditions during the SSO event:
Did SSO reach surface waters?
Surface water name:
Clear
❑ Yes ❑ No 0 Unknown Volume reaching surface waters (gals):
Did the SSO result in a fish kill? ❑ Yes 0 No [] Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
[1 Pipe Failure (Break)
24 hour verbal notification (name of person contacted }: Tyler Clark
[� DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 09/06/2023 Time (hh:mm AM/PM): 02:25:00 Pm
L
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part 11 must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART Ill IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page: 1

When was the line last inspected or videoed?
If line collapsed, what is the condition of the line up and down stream of the failure?
What type of repair was made?
Is the repair temporary or permanent?
If temporary, when is the permanent repair planned?
Have there been other failures of this line in the past five years?
If so, then describe
System Visitation
ORC
Backup
Name:
Cert#
Date visited:
Time visited:
How was the SSO remediated (i.e. Stopped and cleaned up)?
Yes ❑ No ❑ NA ❑ NE
Yes
Yes
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: Stefan Clearmont Date: 09/06/23 12:00 pm
Signature: Title: Field Supervisor
Telephone Number: [phone] Ext.
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of f
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 3

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STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
SYSTEM -WIDE COLLECTION SYSTEM PERMIT
in accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
Old North State Water Company
WQCS00372
FOR THE
operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance,
approximately 19.13 miles of gravity sewer, approximately 7.31 miles of force main, 15 simplex pump
stations that discharge to a pressure sewer and serve a single building, 7 duplex pump stations, and all
associated piping, valves, and appurtenances required to make a complete and operational wastewater
collection system to serve the Briar Chapel Subdivision and any deemed permitted satellite communities
pursuant to the application received February 5, 2018, and in conformity with the documents referenced
therein and other supporting data subsequently filed and approved by the Department of Environmental
Quality and considered a part of this permit
This permit shall be effective from August 1, 2018 until July 31, 2026, and shall be subject to the following
specified conditions and limitations -
Page 1 of 7