WQCS00240_Remission Request_20190208

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NORTH CAROLINA
Environmental'Quality
ROY COOPER
Garorrtor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
In rerim Director
February 8, 2019
CERTIFIED MAIL #7016 2140 0000 4371 0530
RETURN RECEIPT REQUESTED
Joseph R. Pearce
Director of Operations
Aqua North Carolina
202 MacKenan Court
Cary,NC 27511
SUBJECT: CIVIL PENALTY REMISSION REQUEST
Aqua North Carolina /The Cape
Permit WQCS00240
Case PC-2018-0029
New Hanover County
Dear Permittee:
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
$3,487.75 ($3,350.00 civil penalty plus $137.75 enforcement) to the total amount of$2,482.75
($2,345.00 civil penalty plus $137.75 enforcement).
Should you choose to pay the modified penalty,payment should be tendered to me at the letterhead
address within thirty(30) days of receipt of this letter. Please make checks payable to the Department of
Environment and Natural Resources.
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.
•
,,,EHEQ,)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919 707 9000

WQCS00240 Remission Decision
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 agenda of an
upcoming Committee 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 Deborah Gore
at 919-707-3624 or [e-mail].
Sincerely,
1 \ _0_, AkruL___
t'lLinda Culpepper
Interim Director, Division of Water Resources
Attachment: DWR Civil Assessment Remission Factor Sheet(copy) &Request for Oral Presentation Sheet
cc: Enforcement File#: PC-2018-0029
Wilmington Regional Office
Central Files

WQCS00240 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF New Hanover DWQ Case Number PC-2018-0029
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
Aqua North Carolina )
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.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, 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 Committee 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 Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted 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 municipality 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.
Also,be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of , 20 .
SIGNATURE TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE ( )

DIVISION OF WATER RESOURCES .
CIVIL PENALTY REMISSION FACTORS
Case Number: PC-2018-0029 Region: Wilmington County: New Hanover
Assessed Entity: The Cape/Aqua Permit: WQCS00240
gi (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
Bala PS#5: The project to upgrade the control panel was behind schedule due to delays from New
Hanover County Building and Codes Dept and Duke Power. The penalty was assessed for duration
and gravity and amount of money saved by non-compliance. Aqua disagrees that it has not taken
measures to correct the issue and had and continues to spend money to perform upgrades throughout
the collection system and requests remission of the$350 penalty based on evidence provided during
the inspection.
Bella Point Lift Station: Station was certified in late January 2018. No flow to the station as no
homes yet built. Immediately after the inspection Aqua placed temporary signs and order permanent
signs which have been installed. The$350 penalty was assessed based on long-standing deficiencies
and this was not a long-standing deficiency and immediate action was taken.
River Oaks Pump Station: Station was certified in late January 2016.The system has not been
receiving flow throughout the duration since certification. Homes were built and contributed to the
flow over a period of time since certification. Inspection dated 8/19/15 noted signs present at all lift
stations. Immediately after the inspection Aqua placed temporary signs and order permanent signs
which have been installed. The$1300 penalty was assessed based on long-standing deficiencies and
this was not a long-standing deficiency and immediate action was taken. ,
Roundtree Ridge Pump Station: Station was certified in April 2018. No flow to the station as no
homes yet built. Immediately after the inspection Aqua placed temporary signs and order permanent
signs which have been installed. The$350 penalty was assessed based on long-standing deficiencies
and this was not a long-standing deficiency and immediate action was taken.
System map incomplete. During the inspection and follow-up correspondence Aqua provided
evidence that the Cape Collection System map met the requirements of the rule. A paper copy was
provided in addition to a demonstration of electronic mapping that is available to all operators.
Operators are provided with tablets to view maps in the field. GIS maps and electronic as-builts have
been available since 2015. The$500 penalty was based on duration, gravity and money saved by
non-compliance. The map was complete and based on the latest drawings. Monies have been
dedicated towards a comprehensive GIS program.
Westview Pump Station: Station was certified in December 2017. The station began receiving flow
in mid-2018. Immediately after the inspection Aqua placed temporary signs and order permanent
signs which have been installed. An Omni Beacon, exceeding the regulatory requirements was
operational on the date of the inspection. The inspector's assessment that it was not loud enough to
alert neighbors is not backed up by a regulatory required decibel rating. The$200 penalty was
assessed based on long-standing deficiencies and this was not a long-standing deficiency and
immediate action was taken.

DWR Response:
Bala PS: Inspected under the old deemed Dolphin CS on 9-20-2016. During the 2016 inspection,
the control panel structure was observed to be weak and unstable. This was 21 months before this
visit(inspection conducted on June 8, 2018)under the new permit. PS was also found to be
insecure: no fence,no locks on wetwell and control panel. It is unknown how long the PS had been
in this condition as station visitation records/notes were not good-was locked in 9-2016. The
upgrade of controls panels at several stations in addition to this one is commendable and is at an
expense. Penalty was assessed as $350-WiRO would recommend waiving 70%of the penalty
for the panel support.
Bella Point Lift Station: Aqua signed the certification for this pump station for its submittal
received 1-30-2018 five months earlier. Consequently, signed it when not in compliance with the
requirements of the permit and regulations as far as posting and security. Provided no
documentation as to when first CO was issued or that they installed the permanent water meter for
a new home since they attest it was not active at the time of inspection. Operator couldn't open
wetwell during inspection due to the amount of stone on&around lid(6 inches above it)to know
if"active". A home or two appeared to be complete or near to completion.No remission is
recommended.
River Oaks Pump Station: Aqua signed the partial certification for this pump station and some
gravity sewer for its submittal received in 7-2016. Consequently, signed it when not in
compliance with the requirements of the permit and regulations as far as posting and security. PS
was definitely active.No remission is recommended.
Roundtree Ridge Pump Station: Aqua signed the certification for this pump station for its
submittal received 4-17-2018. Consequently, signed it when not in compliance with the
• requirements of the permit and regulations as far as posting and security. It was definitely active
with up 20 homes on it.No remission is recommended.
Westview Pump Station: Aqua signed the partial certification for this pump station and some
gravity sewer for its submittal received in 12-2017. Consequently, signed it when not in
compliance with the requirements of the permit and regulations as far as posting and security.
Definitely active.As of 12-2018,the fence or site grading still hasn't been addressed as far as the
large openings at two corners where one can easily crawl under. Penalty was assessed as$650.
Audible not very loud if present. WiRO would recommend waiving 40%of the penalty for the
alarm.
Records: System map incomplete: WiRO would recommend remission of this penalty of$500.
(b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:None of the violations contributed to any environmental damage.
DWR Response: Correct as far as we know
❑ (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:
DWR Response:
® (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States: Aqua has not been assessed civil penalty for any previous violations.
DWR Response: Aqua hasn't been assessed for any violations under this permit,but has been
assessed many times including for issues at the WWTP serving this system.

❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
•
Permittee States:
DWR Response:
DECISION(Check One)
Request Denied 0
Full Remission 0 Retain Enforcement Costs? Yes❑ No❑
Partial Remission ES $ \.00 S— (Enter Amount)
/274
mda Culpepper ate
Summary of Penalty Assessment before Remission:
VIOLATION VIOLATION PENALTY
DATE AREA TYPE VIOLATION DESCRIPTION AMOUNT
6/8/2018 Pump Station Violation detected during Bala PS#5 control panel still not $350.00
inspection replaced or reinforced after nearly 2
years. Found not secure as well
6/8/2018 Pump Station Violation detected during Bella Point PS not secure&not posted
$350.00
inspection 5 months after certification
6/8/2018 Pump Station Violation detected during River Oaks Section 8 PS not secure&
$1,300.00
inspection not posted 2 years after certification
6/8/2018 Pump Station Violation detected during Roundtree Ridge PS not secure&not
$200.00
inspection posted 2 months after certification
6/8/2018 Records Violation detected during System map still incomplete after 13
$500.00 -
inspection years 3 years past 10-year window
•
6/8/2018 Pump Station Violation detected during Westview PS not secure&not posted
$650.00
inspection plus no audible alarm installed 6
months after certification