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Home My WebLink AboutNC0063614_LV-2019-0120 Remission (Justification for Request)_20190712STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF WAKE IN THE MATTER OFASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Aqua North Carolina Inc ) Wildwood Green WWTP ) PERMIT NO. NCO063614 ) CASE NO. LV-2019-0120 Having been assessed civil penalties totaling $540.00 for violation(s) as set forth in the assessment document of the Division of Water Resources dated June 10, 2019, 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 4eA Ire day of ,2019. pema� It SIGNATAE ADDRESS JUL 12 2019 Z 0 Z 0 Uc 40A V% cowV� ��1� Quality e �Q% 5f 1pn9Seon TELEPHONE Oil) 653-6 R63 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV-2019-0120 County: Wake Assessed Party. Aqua North Carolina Inc Permit No.: NC 0063614 Amount Assessed: $540.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Reques tFor Remission, Waiver ofRight to an Administrative Hearing, and StipulationofFacts"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 penaltiesforany 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: The Neuse River and Falls Lake nutrient management strategy are both based on annual allocation of nutrient loading. The NPDES permit issued January 20, 2018 expressed this annual loading as a much more conservative monthly concentration limit without consideration of the discharge flowrate of the facility or the annual loading frequency. In June 2018, Aqua NC applied for an appropriate mass loading permit and "bubble permit" for the Hawthorne and Wildwood Green wastewater treatment plant. On March 22, 2019, NCDEQ issued a permit modification providing the appropriate annual mass loading limit and the bubble permit. The nine -month timeframe that it took for reviewing the application for issuing the amended permit has not been fully explained and may have been because permitting staff were not familiar with bubble permits. This wastewater treatment plant discharge was not in violation of the Neuse or Falls Lake rule for the month of January 2019. Also, please note that Aqua NC took steps beginning in April 2018 to design and install nutrient removal at this tiny wastewater treatment plant. Due to its size, custom mixing equipment had to be constructed. By January 2019, the custom mixing equipment was installed and the pilot underway. By March 2019, the Wildwood Green WWTP was denitrifying well. See attached data. Based on this data, we fully expect the plants to be in compliance with the annual load limits expressed in the permit. With consideration of the delay in the issuance of the NPDES permit modification, Aqua's efforts at nutrient reduction, and the success to date in nitrogen reduction, Aqua respectfully requests the full remission of this penalty. L Shannon V. Becker, President 0:919.6535770 • F:919.460.1788 • SVBecker@AquaAmerica.com April 20, 2018 Mr. Jeffrey Poupart NCDEQ-Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Delegation of Signatory Authority as Permittee, AQUA NC Dear Jeff: Aqua North Carolina, Inc. (Aqua NC) operates over eighty systems discharging to the ground surface or to surface waters in North Carolina and under the regulatory jurisdiction of NCDEQ- Division of Water Resources. Many of the NCDEQ-Division of Water Resources forms and submissions require the signature of the permittee or the permittee's delegate. With consideration of the number of facilities and the number submissions, I find that signatory delegation is necessary. To formalize the permittee signatory delegation for Aqua NC, I hereby delegate the following signatory authority as the "Aqua NC permittee:" INDIVIDUAL TITLE NCDEQ-DWR SIGNATORY AUTHORITY Joseph Pearce Operations Director All Submissions Michael Melton Engineering Manager Authorization to Construct Forms, Certification Forms, and Engineering Related Submissions Amanda Owens Environmental Compliance NPDES/Non-Discharge Permit Manager Applications, Laboratory Certifications, and Compliance Submissions Additionally for Discharge and Non -Discharge Monitoring Reports, I delegate "Aqua NC permittee" signatory authority to the area managers and area supervisors as provided in the attached spreadsheet. Area managers are also delegated "Aqua NC permittee" signatory authority for other compliance submissions for the specific listed facilities. 202 MacKenan Court, Cary, NC 27511 - AquaAmerica.com If you have any questions regarding our delegation of permittee signatory authority or need additional information, please feel free to contact me at (919)653-5770 or to contact Joe Pearce at (919)653-6964. Sincerely, Shannon Becker President AQUA -NC DMR/NDMR Permittee Signatory Authority Delegation April 20, 2018 Permit Number Area MmnqW Beck @arbisor [Chris WQ0030775 Joel Mingus Collins WQ0018755 Joel Mingus Chris Collins NCO065480 Joel Mingus Chris Collins NCO057703 Joel Mingus Chris Collins NCO061719 Joel Mingus Chris Collins WQ0029475 lJoel Mingus Chris Collins WQ0028666 Joel Mingus Chris Collins WQ0029821 Joel Mingus Chris Collins NCO040606 Robert Krueger Peter Rhodes/Lorrie Stagner NCO060577 Robert Krueger Lorrie Stagner/Roger Tupps NCO062740 Robert Krueger Jackie Jackson/Lorrie Stagner NCO056413 Robert Krueger Jackie Jackson WQ0022870 Robert Krueger Jackie Jackson NCO051314 Robert Krueger Jackie Jackson NCO055051 Robert Krueger Jackie Jackson/Lorrie Stagner NCO062715 Robert Krueger Jackie Jackson/Lorrie Stagner NCO056391 Robert Krueger Peter Rhodes/Lorrie Stagner WQ0000088 Robert Krueger Jackie Jackson WQ0021934 Robert Krueger Roger Tupps NCO059099 Robert Krueger Roger Tupps WQ0024844 Robert Krueger Jackie Jackson NCO058505 Robert Krueger Peter Rhodes/Roger Tupps NCO064564 Robert Krueger Lorrie Stagner NCO038784 Robert Krueger ILorrie Stagner WQ0018146 Robert Krueger Jackie Jackson NCO065714 Robert Krueger Peter Rhodes/Roger Tupps NCO049662 Robert Krueger Roger Tupps NCO063614 Robert Krueger Roger Tupps WQ0019569 Robert Krueger Jackie Jackson WQ0028798 Robert Krueger Jackie Jackson NCO088714 Robert Krueger Lorrie Stagner NCO055701 Robert Krueger Lorrie Stagner NCO073679 Robert Krueger Lorrie Stagner NCO087998 Robert Krueger Lorrie Stagner NCO086690 Robert Krueger Jackie Jackson NCO085863 Robert Krueger Roger Tupps NCO082996 Robert Krueger Jackie Jackson NCO065587 Laurie Ison Dave McDaniel NCO083925 Laurie ]son jDave McDaniel NCO083941 Laurie Ison Dave McDaniel NCO028746 Laurie Ison Dave McDaniel NCO063720 Laurie [son ' Dave McDaniel AQUA -NC DMR/NDMR Permittee Signatory Authority Delegation April 20, 2018 Shannon Becker, President NCO084409 Laurie [son Dave McDaniel NCO078115 ILaurie Ison Dave McDaniel NCO050792 Laurie Ison Dave McDaniel NCO067091 Laurie Ison Dave McDaniel NCO078158 Laurie Ison Dave McDaniel NCO055191 Laurie Ison Dave McDaniel NCO083933 Laurie Ison Dave McDaniel NC0034452 Laurie Ison Dave McDaniel NCO088536 Laurie Ison Dave McDaniel NCO088552 Laurie Ison Dave McDaniel NCO088528 Laurie Ison Dave McDaniel NCO088927 Laurie Ison Dave McDaniel NCO088927 Laurie Ison Dave McDaniel NCO088854 Laurie Ison Dave McDaniel NCO088633 Laurie Ison Dave McDaniel NCO088617 Laurie Ison Dave McDaniel NCO088501 Laurie Ison Dave McDaniel NCO088625 Laurie Ison jDave McDaniel NCO088609 Laurie Ison Dave McDaniel NCG590008 Laurie Ison Matt Costner NCG590009 Laurie Ison Matt Costner NCG590006 ILaurie Ison Matt Costner NCG590010 Laurie Ison Matt Costner NCO075205 ILaurie Ison Duane Rimmer NCO056154 Laurie Ison Duane Rimmer WQ0024694 Laurie Ison Matt Costner NCO058742 Laurie Ison Duane Rimmer NCO065684 Laurie Ison Matt Costner NCO074772 Laurie Ison Duane Rimmer NCO063860 ILaurie Ison Matt Costner NCO074900 Laurie Ison Duane Rimmer NCO063355 Laurie Ison Duane Rimmer NCO062481 Laurie Ison Duane Rimmer NCO028941 Laurie Ison Duane Rimmer NCO060593 Laurie Ison Duane Rimmer NCO073539 Laurie Ison Matt Costner NC0080691 Laurie Ison Duane Rimmer