WQ0030088_Remission (Request)_20200330

Clld Not Stcrte Water Co,
A,,
Company
RECEIVED
March 27, 2020
MAR 3 0 2020
NCDEO
WILMINGTON RO
Morell Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Remission Request for the Notice of Violation and Civil Penalty Assessment (LV-2020-0092)
issued on March 11, 2020 for Old North State Water Company LLC - Majestic Oaks Permit# WQ0030088
Dear Division of Water Quality:
ONSWC and Majestic Oaks W WTP appreciates the opportunity to respond to the Notice of Violation and
Civil Penalty issued on March 11, 2020. Please find enclosed our remission request regarding the
Daily/Monthly Nitrogen, Total Nitrogen and TSS exceedance for November 2019.
Since taking over this facility ONSWC has made a considerable investment into this plant and continues
to make investments into the facility as requested by the operator in order to ensure proper operation.
As stated in our original NOV response, the blockage was beyond our control and the operator took
immediate steps to bring the plant back into compliance. Once the plant was able to regain a healthy
state, the WWTP began operating in compliance with NPDES Permit# WQ0030088.
We understand the reasons for the Notices of Violation and Civil Penalty Assessment but respectfully
request that the Division consider remission of the civil penalty due to the fact the non-compliance was
outside of the Operator's control. The Operator quickly acknowledged there was an issue, responded to
the non-compliance, and promptly returned the treatment plant to a compliant status.
ONSWC
lout Lpa b t in 91td,* pYanoBement
4700 Homewood Ct, Suite 108; Raleigh, North Carolina 27609
252-235-4900 (phone) 252-235-2132 (fax)

Old North Stcrte Water Co.
An
Compamn
We trust that this letter addresses our response to the Notice of Violation and demonstrates ONSWC
and Majestic Oaks commitment to improving the reporting, record keeping, and overall system
condition at Majestic Oaks.
Please do not hesitate to contact me at 252-235-4900 if we can be of any further assistance or
additional information is needed.
Sincerely,
Michael Myer
Old North State Water Company
Cc: Rebecca Manning, Envirolink, Inc.
Dave Strum, Envirolink, Inc.
Tony Baldwin, Envirolink, Inc.
ONSWC
(out dl-e t ( qrt&,# dlen�
4700 Homewood Ct, Suite 108; Raleigh, North Carolina 27609
252-235-4900(phone) 252-235-2132 (fax)

hoc..Sign FaMnpe I 295428t 7-6A9--46OB-9944-37F7BOr iHF80
STATE OF NORTH C.AROLfNA DEPARTMENT OF ENVIRONMFNTAL QUALP Y
COUNTY OF PFNDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CCVIL PENALTIES AGAI\'S I ADMINIS'FRAPIVE HEARING AND
STIPULATION OF FACTS
Old North State Water Company LLC
Majestic Oaks WrWTP
PERMIT NO. W00030088 ) CASE NO. I,V-2020-0092
Having been assessed civil penalties totaling.$1,836.37 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated Nllarch_ 11, the undersigned, desiring to seek remission ofthe 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 ofthis civil penalty must be submitted ID 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 -- _._27th - day of Alarch
SIGMA I URE
ADDRESS
—' '020
4700 1lomewood Court, Suite 108
Raleigh, INC 27609
TFLFPI LONE
252-235-4900

Coa,:Sign Fnvelcpe IC 206428E7-6A9F-400E-9944 37FIBCC16F80
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0092 County: Pender
Assessed Party: Old north State Water Company LLC
Permit No.: W00030088 Amount Assessed: SI 836.37
Please use this fonn when requesting remission of this civil penalty. You most also complete the "Request For Remission,
TVaiver ofRight to an Administrative Hearing, and Stipulation (),"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 viclation(s) occurred or the accuracy of any of the faenual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.:(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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are :fisted in the civil penalty assessment document);
X (b) the violator Promptly abated continuing environmental damage resulting from the violation the
steps that y osi took to correct the vrotation and prevent.tidure, occurrences,);
(c) the violation was inadvertent or a result of an accident (i-e-, exi)Icin why the violation wa.e unavoidable or
raruedxrugyon could net prevent or prepare for):
(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 li.a,-V1,7111
now pa,vment 0/ th crvi: penain- will prevent you fi oni perjbr'rntng the activities nec ezccnv to achieve
complianc�L
F,XPLANATION:

Docu&gn Envelope ID 20542BE7-6A9F-461DS-9944-37�7131DC101`8c
ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: LV-2020-0092
PERMIT: WO0030088
FACILITY: Majestic Oaks WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION:
REGION: Wilmington
COUNTY: Pender
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month(Yr Parameter Frequency Measure Value Value Limit Type Amount
11/19/2019 11-20'9 Wroger. Ammon a 2 X month mg; I 5 7 4 233 Dally $200 OC
Total (as N) Maximum
Exceeded
11/3012019 11-2019 Nitrogen, Iota (as Ni 2 X month mgll 1 44 1 53C 0 Monthly $500 00
11/2012019 11-2019 Solids Total
Suspended
11/30i2019 11 2019 Solids, Total
Suspended
11i3C12019 11 2019 Nitrogen Ammonia
Total (as N)
Average
Exceeded
2 X month man
10 11 2 12 0 Daly $0 00
Maximum
Exceeded
2 X most' mgll
5 9 5 900 Monthly $500 00
Average
Exceeded
Monthly mg;l
1 50 3 7 146 7 Monthly $500 00
Average
Exceeded