WQCSD0267_NOV and Intent to Assess_20200131

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Enrlranmental Quality
CERTIFIED MAIL: 7017 2680 0000 2236 7153
RETURN RECEIPT REQUESTED
January 31, 2020
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0038
Sanitary Sewer Overflows — October, November, December 2019
Collection System Permit No. WQCSD0267
Chapel Ridge WWTP
Chatham County
Dear Mr. Becker:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Aqua North Carolina Inc. The Division's Raleigh Regional Office concludes that the Aqua North Carolina Inc violated
Permit Condition I (2) of Permit No. WQCSDO267 by failing to effectively manage, maintain, and operate their
collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO
constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is
required by G.S. 143-215.1.
The Raleigh Regional Office is providing the Aqua North Carolina Inc an opportunity to provide evidence and
justification as to why the Aqua North Carolina Inc should not be assessed a civil penalty for the violation(s) that
are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
201901928 12/11/2019 8,584 Manhole at 744 Chapel Pump station 103,000 101,000 Notice of Violation
Ridge Drive equipment failure Notice of Intent

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Central Files, Water Quality Section
Laserfiche
Email copy Brandon Butler [e-mail]
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