WQ0033770_NOV2020LV0446_20200702

Old North State Water Co.
An
4)IntegraWaEa
Company
July 2, 2020
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: NOTICE OF VIOLATION & ASSESSMENT OF CIVIL PENALTY
CASE No.: NOV-2020-LV-0386
CASE No.: NOV-2020-LV-0446
WWTP Permit No. WQ0033770
Carolina Plantation WWTP
Onslow County
Dear Ms. Sanchez King:
Old North State Water Company (ONSWC) appreciates the opportunity to respond to
the Notice of Violation issued on May 6, 2020 and May 29, 2020 by the Division of
Environmental Quality. Please find enclosed our response regarding the permit
exceedances for Total Flow for the months of February and March 2020.
We are surpassing our limit because of the capacity of homes in the development
combined with the way that during this time span because of the Covid-19, individuals
were remaining at home, teleworking and schools were not in service.
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 that the issues were outside of ONSWC's control.

As demonstrated, ONSWC is consistently responsive and makes prompt moves to cure
a resistant action in the treatment plant. We recognize this letter shows the venture and
responsibility that the Utility keeps on making, and we trust that the Division perceives
these endeavors. Please do not hesitate to get in touch with me with questions or extra
details.
Sincerely,
Old North State Water Company, LLC
Cc: Tracy Miller
Dave Strum
Old North Water Company, LLC

DocuSign Envelope ID: B81 B9B46-BBD5-4D7A-ACC1 -C6310358BCE6
ROY COOPER
Covemor
MICHAEL 5. REGAN
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 2290 0001 8295 9854
Return Receipt Requested
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Suite 108
Raleigh, NC 27609
NORTH CAROLINA
Environmental Qualfty
May 6, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0386
Permit No. WQ0033770
Carolina Plantation WWTP
Onslow County
Dear Permittee:
A review of the February 2020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Flow, in conduit or thru 2/29/2020 150,000 152,245.03 Monthly Average Exceeded
treatment plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. 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.
North C3roi;naDepart mentofEnvironmentalQuaaity I 'Dtuisr)nofWater Resources
1"; rr. r.,gtoh Reg+Deal {office 1 127 Cardinai Drive Extenson I Wilmington, North Caro:ina 23405
„ 910-79%-7215

DocuSign Envelope ID: B81 B9B46-BBD5-4D7A-ACC1 -C6310358BCE6
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
A review of the Carolina Plantation WWTP file revealed five exceedances for the monthly flow average in the last
12-months. Notice of Violations, including this violation, have been issued for the months of June 2019, July 2019,
August 2019, September 2019 and February 2020.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
DocuSigned by:
-COµ -DiN.,cril0^' fo r
7F141E73B6F3456...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Rebecca Manning — electronic copy
Upload to Laser fiche
NortE C3ro rtaDepartmmentcfEnvironrnentaiQua y I D;vosonofWater Resouroes
1"; rr rgton Feg>7rvai {}ffae 1 127 Card inai Dave Exten;s.3m I WS!rrEamgton, North Caro --ma 29405
9ID-7 M-7215

DocuSign Envelope ID: D57E5B72-1043-4CD5-9722-lB6862536647
ROY COOPER
Covemr
MICHAEL 5. REGAN
Secretary
S. DANIEL SMITH
Dlreetur
Certified Mail # 7018 2290 0001 8295 9861
Return Receipt Requested
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Suite 108
Raleigh, NC 27609
NORTH CAROLINA
Environmen tat Quality
May 29, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-LV-0446
Permit No. WQ0033770
Carolina Plantation WWTP
Onslow County
Dear Permittee:
A review of the March 2020 Non -Discharge Monitoring Report (NDMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Flow, in conduit or thru 3/31/2020 150,000 156,674.32 Monthly Average Exceeded
treatment plant (50050)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's Non -discharge Permit. 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.
-x NorthCafoLnaDepartmentoffnvironmeata3Qua;ity I DiuisionofWater Resouroes
r, Wilmington R ianaIOffice I =CArdlnsiDFivefxtension I WINmington, North Caroma23405
�'T °y 1310-796-7215

DocuSign Envelope ID: D57E5B72-1043-4CD5-9722-1B6862536647
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
If you have any questions concerning this matter or to apply for an SOC, please contact Helen Perez of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
DDocuSigned by:
'C0&' 'Ilna�rr-i OA,
7F141E73B6F3456... for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Rebecca Manning — Laserfiche information
Upload to Laserfiche
NorthCaroLnsDepartmentoffnvironmeata3Quality I DiuisionofWater ResoLEroes
r, Wilmingbon Reg •3oaIOffice 1127 Card'InalDAveExtension I WINmington, North Caro -ms23405
�'T._..... 910-796-7215