NC0060755_Enforcement_20180205

ROY COOPER.
r
IvffCHAEL
S.
REGAN
LMA CULPEPPER
,15derim Dimcfor
Matthew Klein
Carolina Water Service Inc ofNortth Carolina
ISO Box 240908
Charlotte, NC 28224
Subject: Payment Acknowledgement
Civil Penalty Assessment
addlewo d W T
County Gaston
Permit NCO061 5.5
Case No. LV-2018-0023
Dear Matthew Klein:
This letter is to ackaiowled e receipt of Check No. 1052953 in the amount of $455.22 received from you dated
/15f 0l . This payment satisfies in full the civil assessment levied against the subject facility and this case has been
closed, Payment of this penalty in noway precludes future action by this Division for additional violations of the
applicable statutes, regulations, or permits.
If you have any uestions, please call Wren Thedford at 919-807-6397.
Sincerely;
WrenThedford
Administrative Assistant
Water Quality Permitting Section
cc: Enforcement File'## L" - tll - i ce
Mooresville Regional Office Supervisor
Central Fries
State of North Careltua, I Envixxinntental Quality 1 water Resotaces
610 East, Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

I
Water Resources
Vs4V1**NMeNT Alt, QUALI ry
Certified Iylail # 7016 1370 0000 2,595 7474
Return Receipt eguested
February, 05, 2018
Matthew Klein
Carolina Water Service file of North Carolina
PO Box 240908
Charlotte, NC 28224
SlJBJEC`I` 'Notice of Violation and Assessment of Civil Penalty
for Violations ol'North Carolina General Statute (G.S.) 143-215, 1 (a)(6)
and NPDES WW Permit": o. NCO060755
Carolina Water Service Inc of North Carolina
Saddlewood WWTP
Case No. LV-2018-0023
Gaston County
Dear Mr. Kleiw
ROOT COOPER
Gaverm,r
INUCHA�EL S- REGAN
Secretary
LINDA CULPEPPER
interim Directar
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $45522 ($350.00 civil penalty +
$105,22 enforcement costsl against Carolina Water Service Inc of North Carolina.
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Carolina Water Service Inc of North Carolina for the month of September 2017. Thisreview leas
shown the subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES
WWPermit Flo, NC0060755. The violations, which oceurred in September 2017, are summarized in Attachment A to this
letter,
Based upon the. above facts, I conclude as a matter of law that Carolina Water Service Inc of North Carolina violated the
terms, conditions or requirements of NPDES WW Permit No. NCO060755 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).
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, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Of hereby make the following civil penalty assessment against Carolina
Water Service Inc of North Carolina:
State of North Carolina �, Environmental Quality I Water Resources
W Easi Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

-1 of the I violations of 143-215, 1 (a)(6) and Permit No.NCO060755, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for DOD - one
%00 0 of the I violations of 143-215, f(a)(6) and Permit No.NCO060755, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for ROD - on
$Z50,00 I of the 1 violations of 143-215. l(a)(6) and permit No.NC0060755, by discharging wastewater into
the waters, of the State in violation of the Permit Monthly Average for N',H3-N - Cone.
-$3500() TOTAL CIVIL PENALTY
$I QLL2 Enforcement Costs
$455-,�,21 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, I (b), which are:
(i) 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 gravit, y 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 arnount of money saved by noncompliance;
(6) Whether the violation was committed willfully or in
(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) Tire 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 -
Pa-
yrnent should be made directly to the order of the Department of Environmental Quality (do not include waiver
fioriro. Payment of the penalty will not foreclose further enforcement action fbr 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

F
Option 2: Submit a written request for remissionor mitigation including a detailed justification for such
request:
Please be aware that a request for remission islunited 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 arequest must be accompanied by awaiver of your righ
t 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:
whether one or more of the civil penalty assessment factors in NUIS 143B-282. IN 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 payrrient 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
Remiss ions (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-!(Lr p Remission of Civil Penalties,
aue�tjgn sst� Linjust gk)m etc c enclosed "Re 4nd submit th
Waiver of Riaht to wi Administrative Hearin and _5'lip h _elation of Fk1qs- form within t irtyA30) dW, oftgceit of this -
notice. 'Fire Division ot"Water Resopregurces �eqPest.s that on cot te, and submit the enclosed "Justification for
Remission Reque�t
Both forms should be submitted to the following address,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

0otion 3: File a petition for an, administrative
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. Apetition isconsidered filed
when it is received in the Office of Administrative Hearings during normal office hours. The OfficeofAdministrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p-im, 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 § 1 50B-23 .2) is received in the
Office of administrative 'Rearings within seven (7) business days following the taxed or electronic transmission, You
should contact the Offlice of Administrative Hearin s with all r riestions 4r tiling e and/or the details of the
e: diggithe filit
The mailing address and telephone and fax numbersfor the Office ofAdministrative Hearings are as follovvi:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
F'ax. (919')43t-3100
One (1) copy of the petition must also be served on DEQ as fellows:
Mr, William K L,ane, General Counsel
Department of FInvironmental 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 ofthe options above within thirty (30) days of receipt of this letter, aas 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 oaf the penalty through a civil actionplease be advised that additional penalties may be assessed or violations
that occur after the review period of this assessment,
If you have any questions, please contact Ori Tuvia with the Division of Water'Resources staff of the Mooresville Regional
Office at [phone] or via entail at ori.tuvia@ 1 ,ncdcnr.ggov.
Sincerely,
W, Corey Basinger, Regional Supervisor
Water Quality, Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMIENTS
Cc: WQS Mooresville Regional, Office - Enforcement File
NPI)ES Compliance/Enforcement Unit - Enforcement File

JUSTIFICAT�IONF�ORR�F-MISS�IONR�F, �UFM�
Couno,: Gast -on
Case Number: LV-2018-0023
Assessed Part:y: Carolina Water Service Inc of North Carolina Amount Usessed: —$455,1Z
Permit No.: NCO060755 A
Please use this form when requesting remission of this civil penalty'. You must also coruplete the "Request For Remission,
11"aiver oj'Right to tin Admint"Strative Hearing. andStipulation of Facts" form to request remission of this civil penalty.
You should attach -any documents that you believe support you
r ur request and are necessary ft r the Director to consider i
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
retrussion is not the proper procedure for contesting xviiether 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
cane or more of the following five factors a factor that you
penalty may be_granted only when o apply, Please check each factt
believe applies to your case and provide a detailed explanation., including copies of supporting document,, 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 listed in the civil penal(t, 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 (re,, i7,plain wky the violation was unavoidable or
something you could not prevent or prepare J66;
(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., e Vj,')lain
how payment (If the civil penalty will prevent you'lro,nj pj�form eing the activities neces var y to achieve
compliance).
EXPLANATION:

STATE OF NORTH C R,OLIN
COUNTY OF GASTON
DEPARTMENT OF FNVIR NMENT L QUALITY
INTHE NitsT T ER OFASSESSMENT WAIVERF RIGHT TO AN
F CfVIL PENALTIES IE AGAINST ADMINISTRATIVF, HEARING AND
STIPULATION LATI ' FACTS
Carolina titer Service Incof North Carolina
Saddlewood WWTP
PERMIT NO. NCO060755 CASE NO. LV-2018-0023
flaving been assessed civil penalties tota in " 21? for violations s set forth in the assessment document of the Division
of Water Resources dated februa�ry 05 2OL8, the undersigned, desiring o 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 (-Td) days from the receipt of the
notice of assessment.
This the � m__ dad` of � _ .. _ 20

ATTACHMENT A
Carolina Water Service Inc of North Carolina
CASE NUMBER: LV-2018-0023
PERMIT:
NCO060766
REGION:
Mooresville
FACILITY:
Saddlewood WWTP
COUNTY:
Gaston
LIMIT VIATION(S)
SAMPLE LOCATION:
'Outfall 001 - Effluent
Violation
Report
Unit of
Limit
Calculated % Over
'Violation
Penalty
Date
MonthNr
Parameter
Frequency
Measure
Value
Value Limit
Type
Amount
9/2112017
9-2017
BOD, 5-Day (20 Deg,
Weekly
Mg/l
7.50
932,0
Daily
$100r)o
C) - Concentration
Maximum
Exceeded
91302017
9-2017
BOD, 5-Day (20 Deg.
Weekly
Mg/1
6
5 12 2.5
Monthly
$000
C) - Concentration
Average
Exceeded
9/3012017
9-2017
Nitrogen, Ammonia
Weekly
mg/l
2
5,12 1563
Monthly
$2%00
Total (as N) -
Average
Concentration
Exceeded

QM R REVI EW RECORD
fit oormill eRegortai Office
FacilltyNama SaddlewoodVVWIP
Permit Number NCO060755
Report Period- S�_p
LeMtXt2Q17
Prior Assessments 0
—
Enforcement aor' 1,00
Waterbody
Outfall # Outfall Description
Watertiody Name
Classification
001 Effluent to UT Crowders Creek
Crowders Creek
C
Monthly Average Limit Violations
Sarriplet-ocation: OutfaH 001 - Effluent
Violation
Unit of Limit
Calculated
% Over
Date Parameter
Frequency Measure Value
Value
Limit Action
9/3012017 BOO, 5-Day (20 Deg C) -
Weekly mg/i 5
510
2 5
Concientratuon
9130/2017 Nitrogen, Ammonia Total (as N) -
Weekly rngi2
5 10
156.3
Goncentrat*n
Daily Limit Violations
Samplet-ocation: Outfall 001 - Effluent
Violation
Unit of
Limit
Calculated
% Over
Date
Parameter
Frequency
Measure
Value
Value
Limit
Action
912112017
BOD, 5-Day (20 Deg, C) -
Weekly
mgA
750
990
32.0
Concentration
916/2017
Chlorine, Total Residual
2 X week
uglf
17
42
147 1
No Action, BPJ
911412017
Chlorine, Total Reslduai
2 X week
urf/I
17
40
1353
No Action, BPJ
911512017
Chlorine, Total Residual
2 X week
uvi/I
17
26
529
No Action, BPJ
9/2012017
Chlorine, Total Residual
2 X week
ugtl
17
18
5-9
No Action, BPJ
9121 12 0 17
Chlorine, Total Residual
2 X week
ugil
17
20
17,6
No Action, 9PJ

-%pervisor Remark&
Completed by: 12 Date,
AssiAant Regional
-%pervisor Sign -off Date;
Regional -%pervisor
Sign -Off Date:�
V
Page 2 of 3

Prior 12-Month Enforoament Histor
Permit Nurnber7 NCO060755
Report Period STLqMberZQ
Limit Violation
Sample Location
utfall 001 - Effluent
Violation Report
Violation
Date Period
Parameter
Type
NO NOV CPA
41612017 4-2017
BOO, 5-Day (20 Deg
Daily Maxlrnum
NOV-2017-LV-0529
Concentration
Exceeded
411312017 4-2017
BOD, 5-Day (20 Deg, C) -
Daily Maximum
NOV-20171V-0529
Concentration
Exceeded
4/3012017 4-2017
BOD, 6-Day (20 Greg. C) -
Monthly Average
NOV-2017-LV-0529
Concentration
Exceeded
Monitoring Violation
Sample Location:
Outfall 001 - Effluent
VIOiation Report
`4olafior
Date Period
Parameter
Type
NOD NOV CPA
711512017 7-2017
'Temperature, Water Deg
Frequency V16ation
NOD-2017-MV-0051
Centigrade
8il2t2017 8-2017
'Temperature, Water Deg
Frequency Viotation
NOD-2017-MV-0053
Centigrade
Page 3 of 3

ROY COOPER
N11CHAEL S- REGAN
WaterResources
LINDA CULPEPPER
ENVOCH049WOW QUAWY
Certified Mail # 7016 1370 0000 2595 7429
Retum Receiptit A"gAWd
January 11, 2018
Matthew Klein
Carolina Water Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0026
Permit No. NCO060755
Saddlewood WWTP
Gaston County
Dear Mr. Klein:
A review of the September 2017,Discharge Monitoring Report (DMR) for the subject facility revealed the
violations indicated below:
UMft Exceed_@Dge Violatigo—npg
Sample Limit
Reported
Location Parameter at Value
Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 9/21/2017 7.5
9.9 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. Q - 9/30/2017 5
5�12 Monthly Average Exceeded
Concentration (C0310)
001 Effluent Nitrogen, Ammonia Total (as '9/30/2017 2
5.12 Monthly Average Exceeded
N) - Concentration (CO610)
State of North Carolina I Enviromnental Quality I Water Resources
610 East Center Avenue, Suite, 301, Mooresville, NC 28115
704-663-1699

i M i• t* .•i i. i . i "i� i i i *i i *i * r
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, than you may wish to consider applying for a Special Order by
Consent.
Reminder: pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from; first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within S days if directed by division staff. Prior notice should be given for anticipated or
potential Problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this tatter or to apply for an SOC, please contact OH Tuvia of the
Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional operations Section
Mooresville Regional Office
Division of Water Resources, I C E
Cc W Q5 Mooresville Regional Office - Enforcement Pile
PDS Compliance/Enforcement snit - Enforcement File
State of North Carolina I Environmental Quality 6 Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663.169

Violator: Carolina Water Service Inc of North Carolina
Facility Name: Saddlenvood "4'V'WTP
Permit dumber: NCO060755
County: Gaston
Case umber: L-2018-0023
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;
) The duration and gravity of the violation;
3) The effect on ground or surface water quantity or quality or on air quality,
r - _
u
) The cast of rectifying the damage,
5) The amount of money saved by noncompliance;`
committed willfully or intentionally;
)
�� et er t violation was co " - �.
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
April 2017 - NOV- BOD 2 daily ma + monthly average - NOV- 21 17- L - 52
July 2017 - NOD - Temperature frequency Violation - NOD�2�01 7�MV*0051

) The cast to the State of the enforcement procedures.
$105.22
Date W. Grey urger, R�egional Supervisor
Water Quality Regional Operations Section
Mooresville regional Office
Division ofWater Resources, NCDEQ