NC0038784_Enforcement (Letter)_20191118

ROY COOPER
Covernar
MICHAEL S. REGAN
Secreforyy
LINDA CULPEPPER
Director
Certified Mail # 7017 0190 0000 9562 7305
Return Receipt Re nested
Shannon V. Becker, President
Aqua North Carolina Inc
202 MacKenan Court
Cary, NC 27511
NORTH CAROLINA
Environmental Quality
November 18, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215. 1 (a)(6)
and NPDES WW Permit No. NCO038784
Aqua North Carolina Inc
Neuse River Village WWTP
Case No. LV-2019-0329
Wake County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $140.94 ($ I00.00 civil penalty
+ $40.94 enforcement costs) against Aqua North Carolina Inc.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Aqua North Carolina Inc for the month of August 2019. This review has shown the subject facility
to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0038784. The violations, which occurred in August 20I9, 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. NCO038784 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 terms, conditions or requirements of a permit required by G.S.
I 43-215. I (a).
North Caro' na Departm4nt of Erwroamentsi Qua,t} 1 Divsortof Water Resourws
Ra!e;gh Reg+ona Ofrce I UDD Barrett Dmme I Ra e.gh, North Caroima 27609

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, 1, S. Jay Zimmerman,
P.G., Chief, Water Quality Regional Operations Section, hereby make the following civil penalty assessment against
Aqua North Carolina Inc:
100.00 1 of 1 violation of G.S. 143-215. 1 (a)(6) and Permit No. NCO038784, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for C_ oliform, Feca_1_ MF,_
MFC Broth, 44.5 C
100.00 TOTAL CIVIL PENALTY
$40.94 Enforcement Costs
$14094 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources ofthe State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(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 violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not inchrde waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
PIease 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 Iisted 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.I(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.
in order to request remissionyou must com lete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing, and Stipulation of Pacts" form within thi 30days of receil2t 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
16I7 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and.'or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh. NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follo%4s:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, 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 contact Vanessa Manuel with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at vanessa.manuel,:nedenr.gov.
Sincerely,
S. Jay Zimmerman, P.G., Chief
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
Laserfiche

JUSTIFICATION FOR REMISSION RE QUEST
Case Number: LV-2019-0329 County: Wake
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0038784 Amount Assessed: $140.94
Please use this form when requesting remission of this civil penalty. You must also complete the "Request far 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. § 14313-282.1(c), remission of 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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment docwtrent);
(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 fitture 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 fat);
(d) the violator had not been assessed civil penalties for any previous violations;
y (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty )i,ill prevent )fort fi•ottr performing the activities necessary to achieve
compliance).
EXPLANATION:

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 } ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Aqua North Carolina Inc )
Neuse River Village WWTP )
PERMIT NO. NCO038784 ) CASE NO. LV-2019-0329
Having been assessed civil penalties totaling $140.94 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated November 18, 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 ne--v 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 _ , 20
ADDRESS
TELEPHONE
SIGNATURE

PERMIT:
NCO038784
FACILITY:
Neuse River Village WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation
Report
Date
MonthlYr. Parameter
8/7/2019
8-2019 Coliform, Fecal MF,
MFC Broth, 44.5 C
ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: LV-2019-0329
REGION: Raleigh
COUNTY: Wake
Unit of Limit Calculated % Over Violation Penalty
Frequency Measure Value Value Limit Type Amount
Weekly #1100ml 400 2.000 400.0 Daily $100,00
Maximum
Exceeded