NC0057703_Remission Request LV-2020-0326_20210104

DocuSign Envelope ID:811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Aqua North Carolina Inc )
The Cape WWTP )
)
PERMIT NO.NC0057703 ) CASE NO. LV-2020-0326
Having been assessed civil penalties totaling$897.75 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated November 18, 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 remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the Z f day of C tv. V✓ ,20 ZQ
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SIGNATURE
ADDRESS
RECEIVED 20 z kik c(CY,�r� G1 ,
JAN E� ;5 , G
4 2021 c ,e
NCDEQ/DWR/NPp
ES
TELEPHON

DocuSign Envelope ID.811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0326 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0057703 Amount Assessed: $897.75
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For 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. § 143B-282.1(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).
x (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 future 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 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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: ) ‘ (41‘'
cAoc:

AQUAS.
4 Essential Utilities Company RECEIVED
JAN 0 4 2021
December 28, 2020 NCDEQ/DWR/NPDES
Case Number: LV-2020-0326 County: New Hanover
Assessed Party: Aqua North Carolina Inc.
Permit No.: NC0057703 Amount Assessed: $897.75
Explanation of one or more of the civil penalty assessment factors in NCGS 143E-282.1 (b) were
wrongfully applied to the detriment of the petitioner:
1. On December 1, 2020, Mr. Dean Hunkele emailed Joseph Pearce regarding the Civil Penalty
Assessment. A copy of the email is attached. The email details the method used for determining
civil penalty assessment amounts which is not in accordance with NCGS 143B-282.1(b),
specifically:
"Per our Central Office guidance which remains basically unchanged dating
back to 1998, the threshold for action for all parameter limit violations except
Flow is values exceeding limit by 20%or more will usually get a NOV-NOI
followed by a CPA in most cases, 10% to<20%results in a NOV, and values
below 10%result in a NOD which I only send for 3%or more over. For Flow, the
percentages are cut in half, thus for your flow violation of 10.4%over limit
resulted in a NOV-NOl followed by a CPA. No CPAs are issued for a single daily
maximum violation regardless of%over per the guidance as well unless the
parameter is one the facility has chronic issues with.
Penalty recommendations are in the same guidance from CO. Penalties are
tiered based on average daily volume of flow discharged for the month. For
this facility in August, the avg flow was 0.287 MGD corresponding to a monthly
limit base penalty range of$0-$1500 for any parameter including Flow and our
standard is to take the middle of the range unless facility has chronic issues
then we move toward the upper value. Then we take into consideration of
facility's compliance history over the previous 12 reporting months to
determine if the base penalty has a multiplier applied based on number of
assessments in the preceding year. The multipliers range from None to 2x, with
the largest applied to 9 assessments or more. The attached violation review
record shows the facility's 12-month history we reviewed for possible
multiplier."
He states"our standard is to take the middle of the range..." As such,a minimum penalty
amount has been arbitrarily set, without consideration of the civil penalty assessment
factors. Please note for this penalty assessment, the value was set at "our standard"
minimum, $750.
202 MacKenan Court, Cary, NC 27511 • 0: 919.467.8712 • F: 919.460.1788 • AquaAmerica.com

the "DMR Review Record", see attached.
2. Mr. Hunkele's email also provided copies of
This document is inaccurate and unsigned by the person completing the document and
by the chain of command at the Regional Office. This document states the calculated
flow was 0.30. The correct value is 0.287.
3. Mr. Hunkele's email also provided a copy of the "Division of Water Resources — Civil
Penalty Assessment", see attached. Below is the list of the penalty assessment factors
and the DWR supporting statement. A discussion of the inaccuracies of the supporting
statements is provided below each supporting statement.
1) the degree and event of harm to the natural resources of the State.to the public health.or to private
property resulting from the violation:
Eren though the f tcilirj nru compliant for all Effluent quality parameters during the month ofAugrrst:0,0.higher flows
n<,-ease the mass loading of the parameters which can place more stress on the aquatic environment and irs inhabitants.
The Cape wastewater treatment plant (WWTP) has 30 mg/I BOD and 30 mg/I TSS limits
at a monthly average flow of 0.26 MGD. This equates to 2017 pounds of BOD and 2017
pounds of TSS per month. For the month of August 2020, the Cape WWTP had an
average BOD of 18.25 mg/I and a TSS average of 8.7 mg/I at a monthly average flow of
0.287 MGD. This equates to 1354 pounds of BOD and 645 pounds of TSS. These are 67%
and 32% of the respective mass load limits. There was no stress on the aquatic
environment and its inhabitants beyond the mass loads expressed in the permit for the
pollutant parameters. This statement is inaccurate based on mass loads.
Additionally, harm to natural resources is typically directly correlated to instream waste
concentrations. The high flow events at this WWTP were during three named storm
events which hit the area, Hurricane Isaias,Tropical Storm Kyle,and Hurricane Marcus.
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Median daily statistic (38 years) — Period of Provisional data
Discharge M Measured discharge
Period of approved data

Based on the data from USGS, the median flow of the Cape Fear River is less than 2000
cfs (1292 MGD) at Lock #1, upstream of the Cape WWTP discharge point during the
month of August based on data for the last 38 years. During the month of August 2020,
the median flow is close to 6000 cfs (3878 MGD). This increased flow follows the
drainage from the storm events. Assuming that the flow in the Cape Fear River at the
Cape WWTP discharge tracks similarly, the pollutant instream waste concentration for
August 2020 was 33% of the median instream waste concentration for the long-term
river flows. As such the impact of the storm events on the wastewater treatment plant
did not increase the impact of the pollutants on the river but decreased the impact of
the pollutants as compared to normal. As such, the assessment of a penalty based on
this civil penalty factor is inappropriate.
_i The duration and gravity of the violation:
71,E c tnrinr, czre r,h•rl in in(liori'ie flow limit of 0.20 IIGD oil 10 of 31 dais within.-Irrgust:0.0 resulting in a riolntiorr of
[l; )Not tor The AIUriI Ll'Ol<'?"(IoP In 10 40r
The response listed for this factor does not properly represent the duration or the gravity
of the violation. As expressed, NCDEQ believes the WWTP violated the limit 19 times in
the 31 day period. The limit is a monthly limit and as such was a single violation.
Also, this single violation is exceptionally small. It is recognized that open channel flow
monitoring of wastewater treatment plants is relatively imprecise, and permit condition
D.4. provides, "Devices selected shall be capable of measuring glows with a maximum
deviation of less than 10 percent from the true discharge rates throughout the range of
expected discharge volumes." If a device may have a 10 percent inaccuracy, then
considering a value 0.4%above the accuracy limit is of exceptionally small gravity.
Additionally, limitations on wastewater flow are expressed in 15A NCAC 02T.0118 as the
80%/90% rule. As of September 1, 2020, the 12-month rolling average flow for the
WWTP was 228,822 gpd, which is the 88 percent level of actual flow as compared to
permitted flow. At this level, plans must be in place for the expansion of the WWTP.
Aqua has met this requirement. In fact,the Cape WWTP is currently under construction
for an expansion to 400,000 gpd at a cost of approximately$5,000,000. It is expected to
be completed by May 2021. Below is a picture of the WWTP under construction. The
application of this penalty assessment factor is inappropriate.

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3) The effect on ground or surface water quantity or quality or on air quality:Not evaluated or quantified
It does not appear appropriate to make a response about harm to natural resources
without an evaluation or quantification of effect on surface water quality. As provided
in our response concerning the harm to natural resources,there was no effect on surface
water quality. The application of this penalty assessment factor is inappropriate.
4) The cost of rectifying the damage:V A
There was no damage to be rectified. The application of this penalty assessment factor
is inappropriate.
`) The amount of money saved by noncompliance:
Mono saved bj'delaying the expansion of the treatment facility for years dating back to an A-to-C request being
withdrawn back in "-_U0"and or failing to locate&eliminate excessive Inflow&Infiltration within the collection system
as flows have increased at rheJacihty especially since abandonment of the Dolphin Bay rfT►TF in late March:01
Aqua NC is an investor-owned utility, and we operate under a provision of prudency to
ensure our ratepayers rates are not unduly burdensome. As such,WWTPs are expanded
when expansion is necessary and we do not build excess capacity. It appears that NCDEQ
is unaware that Aqua NC shareholders are only rewarded for their investment in equity,
i.e. capital. It would have been in the shareholders favor to build a wastewater
treatment plant prior to its necessity at the detriment to the ratepayers. To imply that
Aqua NC "saved money" for its benefit is absolutely incorrect. Aqua NC is prudently
expanding our WWTP.
With respect to any July 2007 Authorization to Construct application, why would Aqua
have expanded a WWTP thirteen years before it was necessary?With respect to inflow
and infiltration, Aqua NC has taken steps to reduce inflow and infiltration including the
installation of inflow shields and the sealing and coating of problematic manholes in the
system.

Aqua NC shareholders would not benefit by deferring capital expenditure for the Cape
WWTP expansion,and this application of this penalty assessment factor is inappropriate.
61 Whether the violation was committed willfully or intentionally:
Delaying epansrjon too long was definitely a conscious decision leading to the violation.
The expansion of this wastewater treatment plant is in accordance with the
requirements of 15A NCAC 02T .0118, "the 80%/90% rule". It was a willful decision to
expand the wastewater treatment plant prudently and in accordance with NCDEQ rules
to minimize rate impacts to the ratepayers. The violation is due to three extreme
weather events,"Acts of God",in a single month. To consider this a willfull or intentional
violation is incorrect, and the application of this penalty assessment factor is
inappropriate.
"1 The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority:and
The jacilit) has lard 3 outer months with violations within the past year including flow in June 2020.but this is the first
assessment 0.1.1160i pcnalp. The Permritree's response blamed the high flows on rainfall associated with 3 tropical
systems that Traversed the nearby area during the month,but indicated rainfall amounts were all less than 2.5 inches
,n high the eoilecrion system and treatment facility should have been more than capable of handling.
In June 2020, the WWTP had a monthly average flow of 265,344 gpd, which is only two
percent about the monthly average limit and not within the reasonable accuracy of the
flow measurement device. To consider it a violation of any significance is not
appropriate, and to use the fact that no civil penalty assessment was levied is also not
appropriate.
The high rates of rainfall did increase the flowrates at the wastewater treatment plant,
and the wastewater treatment plant did handle the peak flows and produce effluent
quality within permit concentration requirements and the calculated monthly loading
requirements.
Aqua NC owns and operates 58 wastewater treatment plants in North Carolina, and the
2020 compliance rate is exemplary. Aqua NC makes the investments necessary to
prudently meet the obligations and requirements of Federal, State, and Local
regulations. The application of this penalty assessment factor is inappropriate.
As the minimum penalty is not based on the assessment factors per the email from Mr. Hunkele, and
the assessment factors were wrongly applied, a request for the full remission of the Civil Penalty
Assessment is requested. If you have any questions, please feltt0, p contact me by email at
[e-mail]. ���jr CA/p//��� �;;
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DMR REVIEW RECORD
Wilmington Regional Office
Facility Name: The Cape WWTP Permit Number: NC0057703
Report Period: August 2020 Prior Assessments: 0 Enforcement Factor: 1.00
Waterbody
Outfall# Outfall Description Waterbody Name Classification
001 Effluent to the Cape Fear River CAPE FEAR RIVER SC
Monthly Average Limit Violations
Sample Location: Outfall 001 -Effluent
Violation Unit of Limit Calculated %Over
Date Parameter Frequency Measure Value Value Limit Action
8/31/2020 Flow, in conduit or thru treatment Continuous mgd 0.26 0.30 10.4 Proceed to Enforcement
plant Case
Other Violations/Staff Remarks:
Supervisor Remarks:
Completed by: Date:
Assistant Regional
Supervisor Sign-off: Date:
Regional
Supervisor Sign-off:
Date:
P g

Prior 12-Month Enforcement History
Permit Number: NC0057703 Report Period: August 2020
Limit Violation
Sample Location: Outfall 001 -Effluent
Violation Report Violation
Date Period Parameter Type NOD NOV CPA
3/27/2020 3-2020 Enterococci Daily Maximum NOV-2020-LV-0370
Exceeded
3/31/2020 3-2020 Enterococci Monthly Geometric NOV-2020-LV-0370
Mean Exceeded
6/30/2020 6-2020 Flow, in conduit or thru Monthly Average NOD-2020-LV-0147
treatment plant Exceeded
9/3/2019 9-2019 BOD, 5-Day(20 Deg. C)- Daily Maximum NOV-2019-LV-0868
Concentration Exceeded

DocuSign Envelope ID:811 EB095-66FD-4DBA-978F-EE2A9C7E3CDD
DIVISION OF WATER RESOURCES-CIVIL PENALTY ASSESSMENT
Violator: Aqua North Carolina Inc
Facility Name: The Cape WWTP
Permit Number: NC0057703
County: New Hanover
Case Number: LV-2020-0326
ASSESSMENT FACTORS
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;
Even though the facility was compliant for all effluent quality parameters during the month of August 2020, higher flows
increase the mass loading of the parameters which can place more stress on the aquatic environment and its inhabitants.
2) The duration and gravity of the violation;
The facility exceeded its hydraulic flow limit of 0.26 MGD on 19 of 31 days within August 2020 resulting in a violation of
its limii for the monthly average by 10.4%.
3) The effect on ground or surface water quantity or quality or on air quality; Not evaluated or quantified
4) The cost of rectifying the damage; N/A
5) The amount of money saved by noncompliance;
Money saved by delaying the expansion of the treatment facility for years dating back to an A-to-C request being
withdrawn back in 7-2007 and/or failing to locate&eliminate excessive Inflow& Infiltration within the collection system
as flows have increased at the facility especially since abandonment of the Dolphin Bay WWTF in late March 2017.
6) Whether the violation was committed willfully or intentionally;
Delaying expansion too long was definitely a conscious decision leading to the violation.
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
The facility has had 3 other months with violations within the past year including flow in June 2020, but this is the first
assessment of a civil penalty. The Permittee's response blamed the high flows on rainfall associated with 3 tropical
systems that traversed the nearby area during the month, but indicated rainfall amounts were all less than 2.5 inches
which the collection system and treatment facility should have been more than capable of handling.
8) The cost to the State of the enforcement procedures.
$147.75
DocuSigned by:
11/18/2020 hbVt,lia 5at,,442,,2 61A.1
�E3ABA14AC7DC434...
Date Morella Sanchez-King,Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ

DocuSign Envelope ID:811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
swt
ROY COOPERGovernor
i`
MICHAEL S.REGAN ,•$_i
S.DANIEL SMITH NORTH CAROO A
Dmror En.rronmentol Quality
Certified Mail#7018 2290 0001 8296 1819
Return Receipt Requested
November 18,2020
Shannon V Becker,President
Aqua North Carolina Inc
202 Mackanan Ct
Cary,NC 27511-6447
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.NC0057703
Aqua North Carolina Inc
The Cape WWTP
Case No.LV-2020-0326
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$897.75 ($750.00 civil penalty
+$147.75 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 2020. 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.
NC0057703. The violations,which occurred in August 2020,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.NC0057703 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. 143-215.1(a).
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DocuSign Envelope ID:811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
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, I,Morella
Sanchez-King,Regional Supervisor,Wilmington Regional Office hereby make the following civil penalty assessment
against Aqua North Carolina Inc:
$750.00 1 of 1 violation of G.S. 143-215.1(a)(6)and Permit No.NC0057703,by discharging waste water
into the waters of the State in violation of the Permit Monthly Average for Flow.in conduit or thru
treatment plant
$750.00 TOTAL CIVIL PENALTY
$147.75 Enforcement Costs
$897.75 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. 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

DocuSign Envelope ID:811 EB095-66FD-4DBA-978F-EE2A9C7E3CDD
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
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. 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 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 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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617

DocuSign Envelope ID:811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
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 §150B-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 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
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 Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at(910)796-7215 or via email at [e-mail].
Sincerely,
,--DocuSiyned by:
I tOYL iiL StuAtt ci7 614
'-E3ABA14AC7DC434...
Morella Sanchez-King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office-Enforcement File
Upload to Laserfiche

DocuSign Envelope ID:811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0326 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0057703 Amount Assessed: $897.75
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For 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. § 143B-282.1(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. 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 future 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 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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

DocuSign Envelope ID:811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Aqua North Carolina Inc )
The Cape WWTP )
)
PERMIT NO.NC0057703 ) CASE NO. LV-2020-0326
Having been assessed civil penalties totaling$897.75 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated November 18,2020,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 remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the day of ,20
SIGNATURE
ADDRESS
TELEPHONE

DocuSign Envelope ID:811EB095-66FD-4DBA-978F-EE2A9C7E3CDD
ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: LV-2020-0326
PERMIT: NC0057703 REGION: Wilmington
FACILITY: The Cape WWTP COUNTY: New Hanover
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
8/31/2020 8-2020 Flow, in conduit or thru Continuous mgd 0.26 0.287 10.4 Monthly S750.00
treatment plant Average
Exceeded