WQCS00372_DV-2021-0018_20210218

MAILED
I?OV COOPER
Cr 't n;1
MICHAEL S. P,EGAN
Su. •;tl
S. C)ANIEL SMITH
Certified snail # 7017 2680 0000 2219 5909
Return Receipt Requested
John L. McDonald
Old North State Water Company LI..0
1620 Chalk Rd
Wake Forest, NC 27587
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nsc)W III CAI -:COL lr.h
Environmental Quality
February 10, 2021
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(I
• and Collection System Permit No. \VQCS00372
Old North State Water Company I.I_C
Briar Chapel Collection System
Ca.,e No. DV-2021-001 S
Chatham County
Dear Mr. McDonald:
This letter transmits a Notice of Violation and assessment of cit it penalty in the amount of 5286.57 (S250.00 cit it penalty +
S36.57 enforcement costs) a�ilainst Old North State Water Company I.I.C.
This assessment is based upon the foliowin, facts: a re\ kw has been conducted ()Idle Sanital Seer O\crllow (SSC))
2=1-I lour Report submitted by Old North State Water Company 1.1_C'. This re\ kw leas shown tlic subject facility to be in
violation of the requirements Ibund in Collection System Permit No. \`'QCS00372 and G.S. 143-215.I (a)(1). The
violation(s) that occurred are summarized in Attachment A to this letter.
Based upon the above facts, !conclude as a matter of law that Old North State Water Company I.I._C t iolated the terms,
conditions or requirements of Collection System Permit No. 11'QCS00372 and G.S. 143-215.1(0(1) in the manner and
extent shown in Attachment A. In accordance with the maximums established bt G.S. 143-215.6A(a)(2), a civil penalty
inay be assessed against any person who violates the terms, conditions or requirements ofa permit required by G.S.
143-215. l (a).
_.1l-■ff3 . -1: .-.

Based upon the above findings or fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of 1:nvironmcntal Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following. civil penalty assessment against Old
North State Water Company I.I_C:
S250.00 For 1 of the I violations of Collection System Permit No. WQCS00372 and G.S. 143-21 S.I (a)(I) for
Sanitary Sewer Overflow(s) resulting in a dischar�gc without a valid permit,
S250.00 TOTAL CIVIL I'ENAL7'Y
S36.57 Fnforcetllcnt Costs
S1_86.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in detenninin2 the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of I.aw and the factors set forth at G.S. 14313-2S2.1(b), which are:
(1) 'Mlle 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 iolation;
(3) 1 he effect on ground or surface water quantity or quality or on air quality;
(4) 'I he 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 colnplyinu or failing to comply with programs over which the Environmental
illanag,ement Commission has regulatory authority; and
(S) 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 administratix c ]fearing
Option 1: Submit pay ment of the permit):
Payment should be nla(1e directly to the order of the Department of Fro. irontllental Quality (do not include waiver
fi�lrlr). Pa>n ent of the penalty will not foreclose further enforcement action for any continuing or new. iolatton(s).
Please submit payment to the attention of:
Attn: I'I:RCS Branch
Dig ision of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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 tlic live factors listed below as they may
relate to the reasonableness oldie 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 Bearing,
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 \Vattr Resources at the address listed below.
In determining whether a remission request will be approval, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS I4313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) \vhcthcr the violation was inadvertent or a result of an accident;
(4) whether the violator hacl been assessed civil penalties for any pre\ ious \ iolations; 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 Iinvironmental 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 \cry 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 Riuht 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: PIRCS 13ranch
Division of \Vater Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AN D
Scott Vinson, Regional Super\ isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an adtnittistratis a hearin+2 with the Office of Administrath a ilearin+2s:
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 1 Iearings. You must Iile the petition with
the Office of Administrative Hearings within thing (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative I learings during normal office hours. The Office of Administrative
I Icarings accepts iilings 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 oni inal, o;tc (I) copy and a filing fee (if a filing tee is required by NCGS § 15013-23.2) is received in the
Office of Administrative I learings ithin seven (7) business days followin_� the faxed or electronic transmission. You
should contact the Office ofAdntinistrative licarinus with all questions rc++ardin the filin fee and/or the details of the
lilint! process.
The mailing address and telephone and fax numbers for the Office of Administrative I learilris are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be sewed on D1iQ as tollows:
Nit-. William F. I ane, General Counsel
Department of 1_nvironntcntal Quality
1601 Mail Sen. ice Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
l"ailurc to exercise one of the options above within thirty (30) days of receipt of this letter. as evidenced by an internal
datc.`tinte received stamp (not a postmark), will result in this matter being referral 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 \ iolatioiis
kit occur alter the rev iew period of this assessment.
II' you have any q;.iestions, please contact ,litchcll Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at mitch.havcsnedenr.gov.
Sincerely,
Scott Vinson, Regional Supervisor
‘Vater Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NC'DEQ
A`I"I"ACI INIENf S
Cc: WQS Raleigh Regional Office - Enforcement file
Lascrfichc

JUSTIFICATION FOR REMISSION RI•:QUEST
Case Number: I)V-2021-0018
Assessed Party: Old North State Water Company 1.1_C
Permit No.: WQCS00372
Count': Chatham
Amount Assessed: $286,57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Rcmi.c.siorr,
11 aircr of Right 10 an .lchninistrativc hearing, wul S'tilutlutiou 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 cik it penalty assessed. Requesting
remission :S 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. § 14313-2S2.1(c), remission of a civil
penalty may b: 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. 14313-2S2.1(b) were w rongfiilly applied to the
detriment of the petitioner (the rtssessntcrrt factors are listed in the civilln°naltr asqe srment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.c., explain the
SIc7r.s that you took 10 correct the violation and prevent "inure occurrences);
(c) the violation vas inadvertent or a result ni'an accident (i.c., evplaiu why the rrokuron was unavoidable or
snnrcthing t ou could not prevent or hrej i,'.! f err );
— (d) the violator had not been assessed civil penalties for any previous ' iolations:
(e) payment of the civil penalty w ill prevent payment for the remaining necessary remedial actions (i.e., explain
how payment ofthe cii illrenait it illprcrent rurt,li-unr pcvlor•rning I/O.. rrc tiritic neces.curt' 10 achieve
corrrlrlirtnee).
EXPLANATION:

STATE 01= NORTI I CAROLINA I)L1'AR-i-NIEN'I' OF I:NVIRONNI N I-A1. QUALIFY
COUNTY OF CI IATUAM
IN -1'l IE MATTER OF ASSESSMEN 1'
OF CIVIL PENALTIES AGAINST
Old North State Water Company 1,1�C
Briar Chapel Collection System
PERM I'1' NO. WQCS00372
NVAIVI,R OF RIGIFT"I'O AN
ADMINISTRATIVE HEARING ANI)
STIPULATION OF FACTS
CASE NO. I)V-2021-0018
having, been assessed civil penalties totaling S2S6.57 for N iolation(s) as set forth in the assessment document of the 1)iv i;ion
of Water Resources dated February 10, 2021, 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 I)irector of the I)ivision of Water Resources within thirty (30) days of receipt of the notice
ref assessment. No new evidence in support of a remission request will be allowed alter (30) days from the receipt of the
Notice of assessment.
This the day of , 20
SIGNATURE
ADDRESS
Tk1,1=i'IIONI•:

ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: DV-2021-0018
PERMIT NO: WQCS00372
FACILITY: Briar Chapel Collection System
Other Violations
REGION: Raleigh
COUNTY: Chatham
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
202002890 10/30;2020 CSOrSSO(Sewer Overflow) Discharge without valid permit 6,167 $250.00

PS Form 3811, July 2015 PSN 7530-02-000-9053
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