WQCSD0529_Remission Decision_20181105

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November 5, 2018
CERTIFIED MAIL #7016 2140 0000 4371 0721
RETURN RECEIPT REQUESTED
Mr. Michael J. Myers
Old North State Water Company
4700 Homewood Court
Raleigh, North Carolina 27609
SUBJECT: CIVIL PENALTY REMISSION REQUEST DECISON
Case DV-2018-0037
Pender County
Dear Mr. Myers:
The Division has considered the information submitted in support of your request for remission
in accordance with G.S. 143-215.6A(f) and has decided to modify the initial civil penalty
assessment of $1,587.75 ($1,450.00 civil penalty plus $137.75.00 enforcement) to the total
amount of $1,297.75 ($1,160.00 civil penalty plus $137.75 enforcement).
Should you choose to pay the modified penalty, payment should be tendered to the letterhead
address within thirty (30) days of receipt of this letter. Please make checks payable to the
Department of Environmental Quality.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The Committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the Committee, and the Division staff will argue
against any reduction of the assessment.
Should you choose to present your request to the Committee, please notify me at the letterhead
address within thirty (30) days of the receipt of this letter. Your request will be placed on the
�' �
North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919.707.9000

agenda of an upcoming Commnittee meeting, and you will be notified of the date and time. If the
Division does not receive a response regarding this notice, Division staff will automatically place
your case on the agenda of a future Committee meeting.
Thank you for your cooperation in this matter. If you have any questions, please contact Gwyn
Ann McCullough at [phone] or gwyn.mccullough@ncdem•.gov.
Sincerely,
j�
,.. �J \
Linda Culpepper
Interim Director, Division of Water
Resources
Attachment: DWR Civil Penalty Remission Factors Sheet (copy) &Request for Oral Presentation Sheet
cc: Enforcement File #: DV-2018-0037
Wilmington Regional Office
Laserfiche (electronic)

DIVISION OF WATER RESOURCES
CM PENALTY REMISSION FACTORS
Case Number: DV-201&0037 Region: Wilmington County: Pender
Assessed Entity: Old North State Water Company, LLC Permit, WQCSD0529
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner*
Permittee 5tutes
DWR Response:
® (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States: Following up on question (c)- Additional bypass pumps were brought in the same
day to accelerate bringing the pump station back online. Electric pumps were ordered and installed on
January 28 and February 6, 2018. ONSWC raked and limed the affected area the next day. Arm after -
action review of the overflow incident was conducted by ONSWC. The conclusion drawn was that the
overflow resulted from unusually severe weather conditions.
D WR Response: in a discussion with the current operator he indicated that the submersible pumps flying
to be used are too large oz• under too much strain to operate under single phase power, but no 3 phase
power is available to use better pumps. This is concerning given that evidence fi^onz ONS appears to
indicate that more than the approved connections have ah eady been connected, additional connections
are active & pending from two unpermitted sewer systems that have other enforcements pending, and a
new off -site subdivision approved under Fast Track will be pumping to the station in the future.
® (c) Whether the violation was inadvertent or• a result of an. accident:
Permittee States: The issue was caused by an act of God, outside the control of ONSWC
The estimated 2,000-gallon overflow on January 4", occurred at a cleanout at 232 Majestic Oaks
Drive, Hampstead, NC was the result of flow backing up into the collection system when the electric
pump and the diesel bypass pump failed at the main pump station (MO#1) to the wastewater treatment
plant due to severe freezing temperatures.
The pump station was tested three days prior to the severe cold snap that was predicted for eastern
North Carolina. The operator wanted to ensure that ONSWC was able to handle the event if the
predictions came true. Both the electric pump and the backup diesel pump were running during the
test and no problems were noted. On January 4". after the cold spell hit, the electric pump at the main
lift station fi•oze and the diesel pump did not start automatically. After receiving a high-water alarm
notification, the operator responded and attempted to start the diesel pump. The water in the volute
had fi•ozen and locked the impeller, not allowing it to turn. The volute had to be thawed before the
pump could be used.
When both the electric pump and the diesel pump at the main pump station failed to run, sewage fi•onn
the collection system submerged the inlet pipe in the wet well and began to back up into the collection
system. The sewage overflowed at a clean out in a yard several houses upstream from the lift station.
DWR Response: During apop- in site visit in May 2017 RO staff noted Envirolink (ONS) staff at this main
pump station Booking ztp a portable diesel pump as one of the electric submersible pumps had failed &
was removed from service. As of April 2018 the electric pump still had not been replaced and a 2r,d
pump station in the community was noted as using a back-up diesel pump. As of 10-30-2018, the
current operator reports still missing 2 d electric pump in both stations with main station's pump to
be reinstalled in next 10 days.

The RO feels the spill was preventable if the station has both portable pump had been designated as
the prunai y pump and using the submersible as the back-up. With the portable unit floats set low to
operate more frequently during the subfi,eezing temps to likely prevent the water in the putttp from freezing.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Perntiftee States:
DWR Response:
❑ (e) Whether payment of Inc civil penalty will prevent payment for the remaining
necessary remedial actions:
Perntittee States:
DWR Response:
WiRO does not recommend remission.
DECISION (Clieclt Otte)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission � $ a2PD�9C) (Enter Amour*)'1
Culpepper

STATE OF NORTH CAROLINA
COUNTY OF PENDER
1N THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
Old North State Water Company
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQ Case Number DV-2018-0037
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee on
Civil Penalty Remissions in the matter of the case noted above. In making this request, I assert that I understand all
of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be
either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee
meeting held in Raleigh, North Carolina.
• ,ylypresentation will be limited to discussion of issues and info,7nation submitted in my o,i6 nal,emission
re uest, and because no factual issues are in dispute, my presentation will be limited to five (5) minutes in
length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active members of the
bar. Proceedings before the Conmiittee on Remissions are quasi judicial. You should consider how you intend to
present your case to the Committee in light of the State Bar's opinion and whether anyone will be speaking in a
representative capacity for you or a business or governmental entity. If you or your representative would like to
speak before the Committee, you must complete and return this form within thirty (30) days of receipt of this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinionaffects how you may
proceed with your oral presentation. See www.ncbar.com/ethics Authorized Practice Advisory Opinion 200, &1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are g,•anted an opportunity to make an oral presentation before the
Committee, then you do not need legal representation before the Committee; however, if you intend on having another
individual speak on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you
must also be present at the meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of
law.
• If you are a corporation, partnership or munici ality and are granted an opportunity to make an oral presentation before
the Committee, then your representative must consider the recent State Bar's Opinion and could be considered
practicing law without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is
permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request
form and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for
corporations, partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the
unauthorized practice of law.
Committee is informed that a violation of the State Bar occurs.
This the
SIGNATURE
ADDRES S
day of
TITLE (President, Owner, etc.)
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