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Home My WebLink AboutNC0049662_LM20170025_20170822r ROY COOPER MICHAEL S. RECAN IE1fater Resources S. ,JAY ZIMMERMAN ENVIRONMENTAL QUALITY �ftCfua` Certified Mail # 7014 1200 0000 8628 6845 Return Receipt Requested August 22, 2017 RECEIVFD/�CDEQ/D�/R Shannon V. Becker, President Aqua North Carolina Inc. AUG 2 5 2017 202 MacKenan Court Cary, NC 27511 bAlater Quality Permitting Section SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.l(a)(6) and NPDES WW Permit No. NCO049662 Aqua North Carolina Inc Hawthorne Subdivision WWTP Case No. LM -2017-0025 Wake County Dear Mr. Becker: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,039.27 ($3,000.00 civil penalty + $39.27 enforcement costs) against Aqua North Carolina Inc. This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Reports (DMRs) submitted by Aqua North Carolina Inc for the months of Marchand April 2017. This review has shown the subject facility to be in violation of the discharge limits and/or monitoring requirements found in NPDES WW Permit No. NC0049662. The violations, which occurred in March and April 2017, are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that Aqua North Carolina Inc violated the terms, conditions or requirements of NPDES WW Permit No. NCO049662 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 terns, conditions or requirements of a permit required by G.S. 143-215.1(a). 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, Danny Smith, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Aqua North Carolina Inc: State of North Carolina I Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200 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 143B -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. - —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: Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 JUSTIFICATION FOR REMISSION REQUEST Case Number: LM -2017-0025 County: Wake Assessed Party: Aqua North Carolina Inc Permit No.: NC0049662 Amount Assessed: $3,039.27 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" forni 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: ATTACHMENT A Aqua North Carolina Inc CASE NUMBER: LM -2017-0025 PERMIT: NCO049662 FACILITY: Hawthorne Subdivision WWTP REGION: Raleigh COUNTY: Wake LIMIT VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr. Parameter Frequency Measure Value Value Limit Type Amount 4/30/2017 4-2017 Nitrogen, Total - 2 X month mg/I 8 13.80 72.5 Monthly $3000.00 Concentration Average Exceeded MONITORING VIOLATION(S) SAMPLE LOCATION: Outfall 001 - Effluent Violation Report Unit of Limit Calculated % Over Violation Penalty Date Month/Yr. Parameter Frequency Measure Value Value Limit Type Amount 3/4/2017 3-2017 BOD, 5 -Day - Weekly mg/I Frequency $0.00 Concentration Violation 3/4/2017 3-2017 Coliform, Fecal Weekly #/100 ml Frequency $0.00 Violation 3/31/2017 3-2017 Flow, Total Monthly mgal/month Frequency $0.00 Violation 3/4/2017 3-2017 Nitrogen, Ammonia Weekly mg/I Frequency $0.00 Concentration Violation 3/31/2017 3-2017 Nitrogen, Total - Monthly mg/1 Frequency $0.00 Concentration Violation 3/31/2017 3-2017 Nitrogen, Total - Monthly Ib/mon Frequency $0.00 Quantity Violation 3/4/2017 3-2017 Solids, Total Suspended - Monthly mg/I Frequency $0.00 Concentration Violation 4/30/2017 4-2017 Flow, Total Monthly mgal/month Frequency $0.00 Violation 4/15/2017 4-2017 Oxygen, Dissolved 3 X week mg/I Frequency $0.00 (DO) Violation