NC0049662_PC-2017-0020,SS-2017-0002,SS-2017-0003_20170710

Water Resources
ENVIRONMENTAL QUALITY
July 10, 2017
CERTIFIED MAIL 7010 2780 0003 4825 8643
RETURN RECEIPT REQUESTED
Mr. Shannon V. Becker, President
AQUA North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
NPDES Permit NCO049662
Hawthorne Subdivision WWTP
Case No. PC -2017-0020; SS -2017-0002; SS -2017-0003
Wake County
Dear Mr. Becker:
This letter transmits a notice of a civil penalty assessed against AQUA North Carolina, Inc. in the
amount of $ 93,640.39 (includes $ 4,140.39 in enforcement costs).
This assessment is based upon the following facts: Four sludge release incidents were observed on
December 25, 2017; January 31, 2017; March 8-9, 2017; and April 7, 2017. Field sampling showed
stream impacts downstream of the discharge for Dissolved Oxygen, Specific Conductivity, Fecal
Coliform, NH3 as N, NO2 + NO3 as N, TKN as N, Total Phosphorus, and Total Suspended Residue.
• A Notice of Violation Notice of Intent to Enforce (NOV-2016-SS-0021) for the unauthorized
discharge of sludge was sent to Shannon V. Becker, Hawthorne Subdivision WWTP on
January 4, 2017.
• A Notice of Violation Notice of Intent to Enforce (NOV-2017-SS-0002) for the unauthorized
discharge of sludge was sent to Shannon V. Becker, Hawthorne Subdivision WWTP on
January 31, 2017.
• A Notice of Violation Notice of Intent. to Enforce (NOV-2017-SS-0004) for the unauthorized
discharge of sludge was sent to Shannon V. Becker, Hawthorne Subdivision WWTP on March
15, 2017.
• A Notice of Violation Notice of Intent to Enforce (NOV-2017-SS-0007) for the unauthorized
discharge of sludge was sent to Shannon V. Becker, Hawthorne Subdivision WWTP on April
14, 2017.
The State's enforcement costs in this matter may be assessed against the AQUA North Carolina, Inc.
pursuant to NCGS. 143-215.3(a)(9) and NCGS 143B -282.1(b)(8).
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 707 9000

Hawthorne Subdivision WWTP
Case No.: PC -2017-0020; SS -2017-0002;
July 2017
Page 2 of 5
Based upon the above facts, the Divi;
violated the terms, conditions or requ
(2), 15A NCAC 02B .0211 (6), and 1
In accordance with the maximums es
assessed against any person who viol
G.S. 143-215.1(a).
17-0003
concludes as a matter of law that AQUA North Carolina, Inc.
rents of NPDES Permit NC0049662, 15A NCAC 02B .0211
NCAC 02B .0211 (8) in the manner and extent shown above.
ished by G.S. 143-215.6A(a)(2), a civil penalty may be
the terms, conditions or requirements of a permit required by
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, the Division hereby makes the following civil penalty assessment against AQUA
North Carolina, Inc.:
$ 89,500.00 For violations of 15A NCAC 02B .0211 (2), 15A NCAC 02B .0211 (6),
15A NCAC 02B .0211 (8), and NPDES Permit NC0049662, for four
unauthorized sludge release incidents and associated stream impacts.
$ 4,140.39 Enforce.lrnent Costs
$ 93.640.39 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty the Division has 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 har
private property resulting frc
(2) The duration and gravity of t
(3) The effect on ground or surf
(4) The cost of rectifying the dai
(5) The amount of money saved
(6) Whether the violation was cc
(7) The prior record of the viola
Environmental Management
(8) The cost to the State of the e
Within thirty days of receipt of this
Submit payment of the
to the natural resources of the State, to the public health, or to
the violation;
violation;
water quantity or quality or on air quality;
noncompliance;
:Witted willfully or intentionally;
in complying or failing to comply with programs over which the
ommission has regulatory authority; and
rcement procedures.
you must do one of the following:
Payment should be made directly to t' e order of the Department of Environmental Quality (do not
include waiver form). Payment of th__penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of.
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh. North Carolina 27699-1617
OR

Hawthorne Subdivision WWTP
Case No.: PC -2017-0020; SS -2017-0002; SS -2017-0003
July 2017
Page 3 of 5
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 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 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:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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

Hawthorne Subdivision WWTP
Case No.: PC -2017-0020; SS -2017-0002; SS -2017-0003
July 2017
Page 4 of 5
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 original and
one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may
be faxed provided the original and one copy of the document is received in the Office of Administrative
Hearings within five (5) business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office
6714 T
Mail or hand -deliver a copy of the
Administrative Hearings
1 Service Center
North Carolina 27699-6714
ie [phone] Facsimile: [phone]
AND
on to:
General Counsel
Departrpent of Environment and Natural Resources
1601 Mail Service Center
RaleiA, 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
(john. hennessy_gncdenn gov).
ATTACHMENTS
John Hennessy at 919-807-6377 or via e-mail
cmc rely,
_S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: DWR Raleigh Regional Office
NC0049662 Enforcement Fili w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF WAKE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS
PERMIT NO. NCO049662 ) FILE NO. PC -2017-0020,
SS -2017-0002, SS -2017-0003
Having been assessed civil penalties totaling $ 93,640.39 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated June 27, 2017, 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 , 2017.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC -2017-0020; SS -2017-0002;
SS -2017-0003
Assessed Entity: Hawthorne Subdivision WWTP
Permit No.: NCO049662
County: Wake
Amount Assessed: $93,640.39
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. § 143B -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. 143B -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 future 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
COUNTY OF WAKE
IN THE MATTER OF
AQUA NORTH CAROLINA, INC.
FOR VIOLATIONS OF:
15A NCAC 02B.0211 (2),
15A NCAC 02B.0211 (6),
15A NCAC 02B .0211 (8),
NPDES PERMIT NO. NCO049662
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
CASE NO. PC -2017-0020
CASE NO. SS -2017-0002
CASE NO. SS -2017-0003
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jeff Poupart, of the
Division of Water Resources (hereby known as DWR), make the following:
FINDING OF FACT
A. Aqua North Carolina, Inc. is a person organized and existing under the laws of the
State of North Carolina.
B. On October 14, 2013, Aqua North Carolina, Inc. was issued NPDES Permit
Number NCO049662 for the operation and maintenance of a wastewater treatment
plant and the discharge of wastewater located at the Hawthorne Subdivision
pursuant to the application received on August 8, 2012, in accordance with the
provisions of Article 21 of Chapter 143, General Statutes of North Carolina.
C. On Sunday, December 25, 2016, staff from the Raleigh Regional Office (RRO) of
the Division of Water Resources (DWR) responded to a complaint of sludge in a
stream at Hawthorne Subdivision. The following observations were noted during
the December 25th and subsequent (December 26, 27, 28, 29, 30, 31, 2016 and
January 1, 2, 3, 2017) site inspections:
• On December 25, 2016, Ms. Goss observed sludge along approximately 850
linear feet of the Upper Barton Creek.
• Upper Barton Creek, Class WS -IV Nutrient Sensitive Waters (NSW), which
drains to Falls Lake in the Neuse River Basin.
At approximately 1:58 pm on December 25, 2016, DWR staff placed a call to the
emergency contact number posted on the Hawthorne Subdivision WWTP gate (1-
877-987-2782). DWR staff explained that there is sludge in the creek from the
Hawthorne Subdivision wastewater treatment plant, and that this is an
environmental emergency. The contract company for Aqua explained to DWR
that they were located out of state and they did not handle this type of call as

described. The oper,
back and report the
holidays.
• At approximately 3:
called Roger Tupps,
provided notificatiot
Barton Creek, exten
number.
• Staff from the RRO
and January 1, 2, 3,
approximately 80 fe
treatment plant to th
sludge depths typica
stream reach. Sludg
approximately 1300
approximately 2 incl
• On December 29, 2(
downstream of the p
results showed the fi
Parameters:
Dissolved Oxygen
Specific Conductivity
Fecal coliform
NH3 as N
NO2+NO3 as N
TKN as N
Total Phosphorus
Total Suspended Residue
"U" does not indicate the sample
stated they only handled water main breaks and to call
rgency on Tuesday, December 27, 2016 after the
0 p.m. on December 25, 2016, Danny Smith with DWR
I
upervisor with Aqua North Carolina, Inc. Mr. Smith
to Aqua North Carolina, Inc. of the sludge impacts to Upper
of impacts, and deficiencies with the emergency contact
iisited the site on December 25, 26, 27, 28, 29, 30, 31, 2016,
:017. As of December 29, 2016 Aqua staff had cleaned
,t of the affected stream. Note: From the waste water
, culvert at Victory Church Road, approximately 850 feet,
ly ranged from approximately 2 inches to 12 inches along the
was observed to continue beyond Victory Church Road for
Feet (depths typically ranged from a thin film to
.es).
16, samples of Upper Barton Creek were taken upstream and
)int of the sludge discharge. Field parameters and laboratory
Upstream
Downstream
10.16 mg/1
0.17 mg/1
146.1 uS/cm
665.5 uS/cm
130 CFU/100m1
39,000 CFU/100m1
0.02 mg/1 U
2.7 mg/1
0.02 mg/l U
2.3 mg/1 J3
0.2 mg/1 U
32 mg/l
0.02 mg/1
88 mg/l
6.2 mg/1 U
9200 mg/1
analyte free but that the analyte is not detected at or above the PQL.
"B" The sample matrix interfered with the ability to make any accurate determination.
D. On January 3, 2017, sludge was not observed in the creek. Sludge had been
washed away, downstream towards Falls Lake, due to heavy rainfall within a 48-
hour time period beginning on January 1 and ending on January 3, 2017.
E. On January 4, 2017, DWR issued a Notice of Violation -Notice of Intent to
Enforce, NOV-201 -SS-0021, for the unauthorized discharge of sludge observed
in Upper Barton Creek on December 25, 2016.

F. Aqua North Carolina, Inc.'s response dated January 26, 2017 to the Notice of
Violation -Notice of Intent to Enforce stated "that the hurricane storm event
(Hurricane Matthew, October 8, 2016) likely caused a hydraulic overload through
the WWTP, thus, allowing solids from the clarifier to overcome the weir and flow
into the Upper Barton Creek". The response also included that "Upon arrival to
the WWTP at 8:00 a.m. on Monday, October 10th, the ORC found Train #3 lifted
out of the ground and found the remaining three trains to look and smell septic.
Upon arrival, the ORC found that Train #4 blowers had tripped over the weekend.
He also found the returns for Train #1 clarifier to be clogged and the sludge
blanket to be high."
G. On January 31, 2017, Ray Milosh with the Raleigh Regional Office (RRO) of the
Division of Water Resources (DWR) received a report from Aqua Regional
Manager of Compliance, Michael Melton, that solids had bypassed the secondary
clarifier at Hawthorne WWTP on January 30, 2017. The unauthorized discharge
of sludge occurred in Upper Barton Creek, Class WS -IV Nutrient Sensitive
Waters (NSW) in the Neuse River Basin.
H. On January 31, 2017, RRO staff again observed sludge along approximately 1300
linear feet of the Upper Barton Creek. Note: From the waste water treatment plant
to the culvert at Victory Church Road, approximately 850 feet, sludge depth's
typically ranged from approximately 2 inches to 4 inches along the stream reach.
On February 1, 3, 4, 5, 6, 2017, sludge was observed to be in the creek,
substantially throughout the footprint originally observed on January 31, 2017.
On February 6, 2017, samples of the stream were taken upstream and
downstream of the point of the sludge discharge. Field parameters and laboratory
results showed the following:
Parameters
Upstream
Downstream
Dissolved Oxygen
13.48 mg/l
4.99 mg/l
Specific Conductivity
153.2 uS/cm
481.4 uS/cm
Fecal coliform
27 CFU/100m1
230,000 CFU/100ml
NH3 as N
0.02 mg/l U
6.6 mg/l
NO2+NO3 as N
0.02 mg/1 U
4.7 mg/l
TKN as N
0.2 mg/l U
90 mg/l
Total Phosphorus
0.02 mg/l
90 mg/l
Total Suspended Residue
12 mg/1 U
2890 mg/l
"U" does not indicate the sample is analyte free but that the analyte is not detected at or above the
PQL.

I. On February 14, 2017, DWR issued a Notice of Violation -Notice of Intent to
Enforce, NOV-2017-ISS-0002, for the unauthorized discharge of sludge observed
in Upper Barton Creek on January 31, 2017.
J. Aqua North Carolinas Inc 's response dated March 16, 2017 to the Notice of
Violation -Notice of Intent to Enforce (NOV-2017-SS-0002) explained the
following:
• "After investigation,l Aqua discovered that both EQ pumps were running
simultaneously. With the WWTP having one of the two largest trains down for
modifications, the other three trains could not handle the flow with both EQ
pumps running. Aqua also determined the weirs in the splitter box needed to be
adjusted to properly account for the flow to each train. These were adjusted
January 31, 2017."
• January 30 to February 10 using two employees each day, except on February 4
and 5, 2017 when four employees were used, Aqua pumped the sludge out of the
stream. This averaged 9,496 gallons of sludge and water pumped from the stream
per day.
• On February 10, 2017, Aqua's regional supervisor along with three other Aqua
employees, walked the stream and found no evidence of sludge in the creek. At
that time the hay bales were removed and clean-up completed.
K. On March 8-9, 2017, staff from the Raleigh Regional Office (RRO) of the
Division of Water Resources (DWR) observed an incident of sludge below the
Hawthorne WWTP discharge outlet. The following observations were noted
during the site inspe tions:
• Sludge was observed along approximately 450 linear feet of Upper Barton
Creek. Note: Approximately 100 feet downstream of the discharge outlet a large
accumulation of sludge was' observed.
• On March 9, 2017, samples of Upper Barton Creek were taken upstream and
downstream of the point of the sludge discharge. Field parameters and
laboratory results showed the following:
Parameters: Upstream Downstream
Dissolved Oxygen 10.02 mg/1 2.26 mg/1
Specific Conductivity 154.7 uS/cm 615 uS/cm
Parameters: Upstream Downstream
NH3 as N 0.02 mg/1 U 2.4 mg/1
NO2+NO3 as N 0.02 mg/1 U 5.6 mg/l
Total Phosphorus 0.02 mg/1 190 mg/l
TKN as N 0.2 mg/l 320 mg/l

"U" does not indicate the sample is analyte free but that the analyte is not detected at or above the PQL.
• Upper Barton Creek, Class WS -IV Nutrient Sensitive Waters (NSW), which
drains to Falls Lake in the Neuse River Basin.
• On March 9, 2017, Danny Smith with DWR called Roger Tupps, Supervisor
with Aqua North Carolina, Inc. Mr. Smith provided notification to Aqua North
Carolina, Inc. of the sludge impacts to Upper Barton Creek and the extent of the
impacts.
• Staff from the RRO visited the site on March 8, 9, 11, 15, 2017.
L. On March 15, 2017, DWR issued a Notice of Violation -Notice of Intent to
Enforce, NOV-2017-SS-0004, for the unauthorized discharge of sludge observed
in Upper Barton Creek on March 8 and 9, 2017.
M. Aqua North Carolina, Inc.'s response dated April 19, 2017 to the Notice of
Violation -Notice of Intent to Enforce stated that after Danny Smith contacted
Roger Tupps, Aqua Regional Supervisor, "Mr. Tupps contacted Aqua personnel
immediately after being notified to mobilize and secure the creek with hay bales
to limit any further impact to the creek. The WWTP was then inspected by Ray
Dixon, the Operator in Responsible Charge (ORC), to identify any issues; there
were no signs of an upset. It is Aqua's belief that the sludge witnessed in the
creek on March 9, 2017, was remnants of the previous bypass event that occurred
on February 23, 2017." The response also included that a TSS meter had been
installed on the effluent line, upstream and downstream had been sampled for
fecal coliform, provided further training on the new BNR process, and Highland
Environmental Solutions (HES) had been hired to continue monitoring and
complete stream abatement as necessary. The ORC is ensuring there is adequate
dissolved oxygen in the aeration basins, sludge blankets are maintained, and
settleability tests are monitored and recorded daily. A Hach 1900
spectrophotometer was installed onsite for the ORC to determine the effectiveness
of the BNR process. Also, an engineer from Aqua's Virginia office will evaluate
the WWTP and the treatment processes.
N. Aqua North Carolina, Inc.'s response dated April 19, 2017 also explained the
following:
• On March 9, 2017, hay bales were placed in the creek to ensure sludge did not
continue further downstream.
• March 10 to March 14, 2017, using two employees each day, Aqua pumped the
sludge out of the stream. This averaged 9,240 gallons of sludge and water
pumped from the stream per day.
• On March 14, 2017, Roger Tupps, Aqua's regional supervisor along with other
Aqua employees, assessed the creek and determined clean-up of the area was
complete.

• Aqua contracted with HES to inspect the creek and concluded redial activities by
Aqua were successful.
O. On April 7, 2017, st
of Water Resources
WWTP discharge of
inspections:
• Sludge was observe
Creek.
• On April 11, 2017,
downstream of the
laboratory results s
Parameters:
Dissolved Oxygen
Specific Conductivity
NH3 as N
NO2+NO3 as N
Parameters:
Total Phosphorus
TKN as N
Fecal coliform
Suspended residue
"U" does not indicate the
"J3 — The sample matrix i
from the Raleigh Regional Office (RRO) of the Division
WR) observed an incident of sludge below the Hawthorne
;t. The following observations were noted during the site
along approximately 500 linear feet of Upper Barton
les of Upper Barton Creek were taken upstream and
of the sludge discharge. Field parameters and
I the following:
Upstream
Downstream
7.83 mg/l
0.99 mg/l
96.0 uS/cm
421.3 uS/cm
0.02 mg/1 U
0.90 mg/l
0.02 mg/1 U
2.6 mg/1 J3
Upstream
Downstream
0.03 mg/l
110 mg/1
0.2 mg/1 U
160 mg/1
90 cfu/100ml
2800 cfu/100m1
15 mg/1 U
4240 mg/l
is analyte free but that the analyte is not detected at or above the PQL.
:d with the ability to make any accurate determination.
• Upper Barton Creek, Class WS -1V Nutrient Sensitive Waters (NSW), which
drains to Falls Lake in the Neuse River Basin.
• Staff from the RRO visited the site on April 7, 11 and 18, 2017.
P. On April 14, 2017, DWR issued a Notice of Violation -Notice of Intent to Enforce,
NOV-2017-SS-0007,for the unauthorized discharge of sludge observed in Upper
Barton Creek on April 7, 2017.
X
Aqua North Carolin , Inc.'s response dated May 2, 2017 to the Notice of
Violation -Notice of ntent to Enforce stated that "Aqua conducted an interval
review on April 12, 017, and also Aqua's Compliance Manager reviewed the
Operator in Responsible Charge (ORC)'s plant log and we do not see any
evidence of another recent bypass, but we believe we have been dealing with

remnants of solids from the February 23, 2017, event as discussed previously with
your office".
R. Aqua North Carolina, Inc.'.s response dated May 2, 2017 also explained the
following:
• The ORC is visiting the plant 7 days per week, performing daily settleability
tests on each treatment train, recording water height above clarifiers daily, and a
TSS meter was installed on the effluent.
• On April 7, 2017, Aqua employees performed stream abatement by placing silt
fencing and hay bales in the creek to assist in removing remnant solids from the
stream bottom.
• Aqua employees worked on stream abatement April 8, 9, 10, and 11, 2017,
removing solids from the stream and pumping solids back into a manhole.
• Highland Environmental Solutions (HES) was hired and re -commenced
abatement efforts on April 13, 2017 and continued through April 21, 2017.
HES reported approximately 7,500 gallons of water, including solids, was
removed and filtered through their bag filtration process.
S. A DWR file review confirmed that Aqua North Carolina, Inc., is not allowed as a
condition of any permit, special order or other appropriate instrument issued or
entered into by the Commission under the provisions of this Article to violate
water quality standards applicable to an assigned classifications or to violate any
effluent standards or limitations established for any point source.
T. Title 15A North Carolina Administrative Code 02B .0211 (2) states: Conditions
Related to Best Usage: the waters shall be suitable for aquatic life propagation
and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture. Sources of water pollution that preclude any of these uses on either a
short term or long term basis shall be considered to be violating a water quality
standard;
U. Title 15A North Carolina Administrative Code 02B .0211 (6) states: Dissolved
Oxygen: for non -trout waters, not less than a daily average of 5.0 mg/1 with a
minimum instantaneous value of not less than 4.0 mg/1.
V. Title 15A North Carolina Administrative Code 02B .0211 (8) states: Floating
solids, settleable solids, or sludge deposits: only such amounts attributable to
sewage, industrial wastes, or other wastes as shall not make the water unsafe or
unsuitable for aquatic life and wildlife or impair the waters for any designated
uses.
W. NPDES PERMIT NO. NCO049662 contains the following relevant permit
conditions:

shall take all rea
or disposal in vi(
affecting human
)49662 Part II Section B.2. Duty to Mitigate - The permittee
ble steps to minimize or prevent any discharge or sludge use
)n of this permit with a reasonable likelihood of adversely
th or the environment [40 CFR 122.41(d)].
NPDES Permit NCO049662 Part II. Section C.2. Proper Operation and
Maintenance
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed
or used by the permiIttee to achieve compliance with the conditions of this permit.
Solids, sludges, filter backwash, or other pollutants removed in the course of
treatment or control of wastewaters shall be utilized/disposed of in accordance
with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such
materials from entering waters of the State or navigable waters of the United
States except as permitted by the Commission. The permittee shall comply with
all applicable state and federal regulations governing the disposal of sewage
sludge, including 40 CFR 503, Standards for the use and Disposal of Sewage
Sludge.....The permittee shall notify the Permit Issuing Authority (DWR) of any
significant change in its sludge use or disposal practices.
X. The unauthorized discharge of sludge occurred in Upper Barton Creek, Class WS -
IV Nutrient Sensitive Waters (NSW) in the Neuse River Basin.
Y. The cost to the State of the enforcement procedures in this matter totaled:
$4,140.39.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LA
A. Aqua North Carolina, Inc. is a `person' within the meaning of G.S. 143-215.6A
pursuant to G.S. 143-212 (4).
B. Upper Barton Cretk located at the site constitutes waters of the State within the
meaning of G.S. 143-212 (6).
C. Aqua North Carol na, Inc. was issued NPDES Permit No. NCO049662 in
accordance with ' . S. 143-215.1(a) for the operation and maintenance of a
wastewater treatment plant and the discharge of wastewater in compliance with it
permit limits and conditions.

D. On December 25, 2016; January 31, 2017; March 8, 2017; and April 7, 2017,
Aqua North Carolina, Inc. violated Title 15A North Carolina Administrative Code
02B .0211 (2) by causing the waters to be unsuitable for aquatic life propagation
and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture.
E. On December 29, 2016; March 9, 2017; and April 11, 2017, Aqua North Carolina,
Inc. violated Title 15A North Carolina Administrative Code 02B .0211 (6) by
causing the dissolved oxygen for non -trout waters, to be less than a daily average
of 5.0 mg/1 and with a minimum instantaneous value of less than 4.0 mg/l
F. On December 25, 2016 to January 1, 2017 (8 Days); from January 30, 2017 to
February 10, 2017 (12 Days); from March 8, 2017 to March 14, 2017 (7 Days);
and from April 7, 2017 to April 21, 2017, (15 Days), Aqua North Carolina, Inc.
violated Title 15A North Carolina Administrative Code 02B .0211 (8) by causing
floating solids, settleable solids, or sludge deposits in amounts that made the
water unsafe or unsuitable for aquatic life and wildlife or impaired the waters for
any designated uses.
G. On December 25, 2016; January 31, 2017; March 8, 2017; and April 7, 2017,
Aqua North Carolina, Inc. violated NPDES Permit NC0049662 Part II Section
B.2. Duty to Mitigate by failing to take all reasonable steps to minimize or
prevent any discharge or sludge use or disposal in violation of this permit with a
reasonable likelihood of adversely affecting human health or the environment.
H. On December 25, 2016 to January 31, 2017 (38 days), Aqua North Carolina, Inc.
violated NPDES Permit NC0049662 Part II. Section C.2. by failing to properly
operate and maintain the wastewater treatment plant by having one of the two
largest trains down for modifications, failure to handle the flow with both EQ
pumps running, the failure of adjustment of the weirs in the splitter box to
properly account for the flow to each train and the loss of solids.
I. On March 8, 2017 and April 7, 2017, Aqua North Carolina, Inc. violated NPDES
Permit NC0049662 Part II. Section C.2. by failing to properly operate and
maintain the wastewater treatment plant to prevent the release of sludge from the
wastewater treatment plant.
On December 25, 2016; January 31, 2017; March 8, 2017; and April 7, 2017,
Aqua North Carolina, Inc. violated NPDES Permit No. NC0049662 Part II.
Section C.6 Removed Substances by not utilizing/disposing of sludge in
accordance with NCGS 143-215.1 and in a manner such as to prevent any
pollutant from such materials from entering waters of the State.
K. Aqua North Carolina, Inc. may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than

twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person whop violates any classification, standard, limitation, or
management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-
215.
L. Aqua North Carolina, Inc. may be assessed civil penalties in this matter pursuant
to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than
twenty-five thousand dollars ($25,000) per violation per day may be assessed
against a person who is required but fails to apply for or to secure a permit
required by G.S. 143-215.1, or who violates or fails to act in accordance with the
terms, conditions, or requirements of such permit or any other permit or
certification issued pursuant to authority conferred by this Part.
M. The State's enforcement cost in this matter may be assessed against Aqua North
Carolina, Inc. pursuant to G.S. 143-215.3 (a)(9) and G.S. 14313-282.1(b)(8).
N. Jeff Poupart of the Division of Water Resources, pursuant to delegation provided
by the Secretary of the Department of Environmental Quality and the Director of
the Division of Water Resources, has the authority to assess civil penalties in this
matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Aqua North Carolina,] Inc. is hereby assessed a civil penalty o£
0 D for q of 4 violations of Title 15A North Carolina Administrative
Code '02B .0211 (2) by causing the waters to be unsuitable for
aquatic life propagation and maintenance of biological integrity,
wildlife, secondary recreation, and agriculture on December 25,
2016; January 31, 2017; March 8, 2017; and April 7, 2017.
$ 3, 000 for 3 of 3 violations of Title 15A North Carolina Administrative
Code 0213 .0211 (6) by causing the dissolved oxygen for non -trout
water , to be less than a minimum instantaneous value of 4.0 mgA
on D6cember 29, 2016; March 9, 2017; and April 11, 2017.
i
$ L12,000 for Z of 42 violations of Title 15A North Carolina
Admi iistrative Code 02B .0211 (8) by causing floating solids,
settleable solids, or sludge deposits in amounts that made the water
unsaf or unsuitable for aquatic life and wildlife or impaired the
waters for any designated uses on December 25, 2016 to January 1;
201.7'(8 Days), on January 30, 2017 to February 10, 2017 (12

Days), on March 8, 2017 to March 14, 2017 (7 Days), and on April
7, 2017 to April 21, 2017 (15 Days).
$ for 0 of 4 violations of NPDES Permit NC0049662 Part II
Section B:2. Duty to Mitigate by failing to take all reasonable steps
to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely
affecting human health or the environment on December 25, 2016;
January 31, 2017; March 8, 2017; and April 7, 2017.
$ 201 5 O D for y 0 of 40 violations of NPDES Permit NC0049662 Part II.
Section C.2. by failing to properly operate and maintain the
wastewater treatment plant by having one of the two largest trains
down for modifications, failure to handle the flow with both EQ
pumps running, failure of the adjustment of the weirs in the splitter
box to properly account for the flow each train, and the loss of
solids from December 25, 2016 to January 31, 2017; March 8,
2017; and April 7, 2017.
$ 0o 0 for q of 4 violations of NPDES Permit No. NC0049662 Part II.
Section C.6 Removed Substances by not utilizing/disposing of
sludge in accordance with NCGS 143-215.1 and in a manner such
as to prevent any pollutant from such materials from entering
waters of the State on December 25, 2016; January 31, 2017;
March 8, 2017; and April 7, 2017.
$ TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 4,140.39 Enforcement Cost
$ /� b LI D.3 I TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in 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 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 saved by noncompliance;

(6) Whether the violations w,
(7) The prior record of the vi
which the Environmental
(8) The cost to the State of the
Z,:7
Date
committed willfully or intentionally;
for in complying or failing to comply with programs over
magement Commission has regulatory authority; and
nforcement procedures
Jeff Poupart
Division of Water Resources