WQCSD0267_DV-2020-0039 Response_20200326

AQUA_
1
March 26, 2020
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
and
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
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Re: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statue (G.S.) 143-215.1(a) (6)
and Collection System Permit WQCSD0267
Aqua North Carolina Inc.
Chapel Ridge WWTP, Wake County
Permit No. NCO063614
Case No. DV-2020-0039
Wake County
Dear Mr. Vinson:
Aqua North Carolina, Inc. (Aqua) formally request remission for the following violations and penalty
assessments for Chapel Ridge Collection System in December 2019.
Aqua's Findings and Request for Remission:
Violation DV-2020-0039 states that Aqua failed to effectively manage, maintain, and operate our
collection system that resulted in an unpermitted wastewater discharge. Aqua disputes the findings that
the sanitary sewer overflow was a result of negligence or failure to effectively operate or maintain the
sanitary collection system.
202 MacKenan Court, Cary, NC 27511 • 919.467,8712 • AquaAmerica.com

Page Two
Mr. Scott Vinson
March 26, 2020
As stated in the NOV response dated February 19, 2020 - the incident (201901928) was a result of an
electrical failure within the control panel. The alarm and telemetry system were installed, operated and
maintained in accordance with state regulation, 15A NCAC 02T .0305. Our operator had completed
his checks of alarm function and telemetry function in accordance with existing standards of practice.
This event is outside the scope of the typical operational regulations. This event was the result of an
electrical failure outside of reasonable anticipation or daily, weekly, monthly, or annual inspection
requirements. Aqua recognized the electrical failure could occur at other Aqua facilities and took
immediate action to remediate across its statewide footprint.
With respect to this specific event, Aqua took mitigation actions as follows:
• All Aqua NC wastewater pump stations have been tested by first disconnecting all sources of
power (line power and generator power) and then lifting the high-water alarm.
• In this condition, telemetry systems were tested to ensure it indicated both the loss of power
condition and the high-water alarm condition.
• We identified more than 60 pump stations where the simultaneous loss of power and high-water
alarm would not result in telemetry notification. Please note the telemetry systems have stand-
alone back-up batteries, but the pump control systems did not.
• Aqua is currently upgrading all its pump stations to add this resiliency.
Aqua requests remission of the $2,035.0I penalty based on Aqua' s efforts to promptly abate continuing
environmental damage resulting from the violation, efforts to abate future occurrence at other Aqua
facilities, and on the premise that this violation could not be adverted or reasonably anticipated
If you have any questions or comments, please do not hesitate to contact me at [phone].
Sincerel
Robert Krueger
Area Manager
cc: Joseph Pearce, PE
Amanda Berger
Shannon Becker
2

ROY COOPER
Grwernnr
MICHAEL S. REGAN
sermary
S. DANIEL SMITH
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NORTI I CAROLINA
Envlronmenfaf Quatiry
Certified Mail # 7017 2680 0000 2236 7368
Return Receipt Requested
March 05, 2020
RECEI VET
Shannon V Becker, President
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Aqua North Carolina Inc
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202 Mackenan Ct
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CD
Cary, NC 27511
SUBJECT: Notice of Violation and Assessment of Civil Penalty
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for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCSD0267
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Aqua North Carolina Inc
Chapel Ridge WWTP
Case No. DV-2020-0034
Chatham County
r.
Dear Mr. Becker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,035.01 ($2,000.00 civil penalty
+ $35.01 enforcement costs) against Aqua North Carolina Inc.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Aqua North Carolina Inc. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCSDO267 and G.S. 143-215.1(a)(1). The violations) that
occurred 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 die terms, conditions or
requirements of Collection System Permit No. WQCSD0267 and G.S. 143-215.1(a)(l) 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 maybe assessed
against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
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!lased upon the above fuidings 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, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against Aqua
North Carolina Inc;
$2,000.00 For 1 of the 1 violations of Collection System Permit No. WQCSD0267 and G,S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
22,000,Q0 TOTAL CIVIL PENALTY
$35.01 Enforcement Costs
2 035.01 TOTAL AIWIOUNT 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. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the 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 include 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
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: 31113ruit a written request for remission or mitigation including a detailed justilicatfera fur such
request:
Please be aware that a request for remission is limited to consideration of the rive factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remssion is not the proper
procedure for contesting whether the vialation(s) occurred or the accuracy of any of the factual statements contained ur
the civil pcnalty assessment document, Because a rctnission 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 listed 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-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing envirorunental 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 remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, _
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt 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:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
E"k1011
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Ohtion 3. Tile a petition for an administrative hearing with the Office of Administrative flear_ inas_
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 nonnal 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 maybe 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 (I) copy of the petition must also be served on DEQ as follows:
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
dateltime 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 Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement File
Laserfiche

JUSTIT ICATION FOR RE, MISSION REQUEST
Case Number: DV-2020-0039
Assessed Party: Aqua North Carolina Inc
Permit No.: WQCSD0267
County: Chatham
Amount Assessed: $2,035.01
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request F'or Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" farm 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 a civil
penalty maybe 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 fitture oceto-rences);
(c) the violation was inadvertent or a result of an accident (i.e., explain wiry the violation was unavoidable or
something you could not prevent or prepare fat j;
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (4e„ explain
how payment of the civilpenalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: 6
cc WO&LM
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STATE OP NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CHATHAivI
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVrL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Aqua North Carolina Inc )
Chapel Ridge WWTP )
PERMIT NO. WQCSD0267 ) CASE NO. DV-2020-0039
Having been assessed civil penalties totaling $2.035.01 for violation(s) as set faith in the assessment document of the
Division of Water Resources dated March 05, 2020) 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 rcmission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the CS day of 1aaA ........ _ , 20-AO
0000 y -
ADDRESS
TELEPHONE
ex/ 6ou

ATTACHMENT A
Aqua North Carolina Inc
CASE 14UMBER: DV-2020-0039
PERMIT NO: WQCSDG267 LEGION: Raleigh
FACILITY: Chapel Ridge WWTP COUNTY: Chatham
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
201901928 '12/11/2019 CSOISSO(Sewer Overflow)
Incident Start Duration
Number Date (Mips) Location
TOTAL VOLUME
VIOLATION DESCRIPTION (GALLONS)
Discharge without valid permit T 103,000
PENALTY
AMOUNT
$2,000.00
Total Vol
Total Surface
Vol Water
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