NC0086142_Enforcement_20120131

Beverly Eaves Perdue
Governor
PP7
North C ro inar Department of Enviruraara rat and Natural .r SOUrCe-S
Division of Waat r Quartit '
Charles wakild, P.
Director
January1, 201
RETURN RECEIPT REQ-UESTED
=1r. Thomas J. Roberts, President;and Chief Operating Officer
Aqua North Carolina, Inc.
2 MacKerian Court
Cw r-v, North Carolina 27511
SUBJECT: Notice of Violatio and Assessment of Civil
Penalty for Violations of N.C. General Statute
ld - 1 .1(a)(6) and N]"DE"S Permit No. NC O0 6142
Aqua North Carolina Inc. Oakley Park WTP
Gaston County
Case No. LV-2012-0015
Dear Mr. Roberts:
This letter transmits a Notice of Violation and assessment ofcivil penalty in the amount of $4 .67
50.00 civil penalty + $144.67 enforcement casts) against Aquallorth Carolina Inc.
This assessment is based upon the t61lcawin facts; A review has been conducted of the self -monitoring
data reported for October 2011 This review has shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No, NCO086142, The violations are summarized in Attachment A to this
letter.
Based upon the above facts, l conclude as a matter of law that Aqua North Carolina Inc. violated the
ternns, conditions, or requirements of NTPDES Permit No. 00 614and North Carolina General Statute
( J,S.) 143-1 .1 (a)(6) in the manner and extent sho xrn in ttachtnent A. A civil penalty may be assessed itt
accordance with the maxi in umestablished by G,S. 14 3- 15.6 (a)( .).
Based upon the above findings of tact and conclusions of law, and in accordance with authority
Provided by the Secretary of the Department ofEnvironment and Natural Resources and the Director of the
Division of Water Q uality, I. Robert B. Krebs, Surface Water Protection Regional ional upervisor fear the
Mooresville Region, hereby male the following civil penalty assessment against Aqua North Carolina Inc.:
t a t�air2 010 5,ast r i nier A , Siffla 301 Woresvi k NC 2M 1'�
-w ,
Phone: t ^tt4D hfrro tCsit�) i t xv tn(atj $7t�x tit�4t3 . E,'�t�tctrsE�.➢" 4rwr�•wim. l �8� Fi...a 23-6Cr,48
t
' rzr tiCarol in a
tare Equal Opt * twnlp ✓ ffiT n.i, ,,u r1::lvm, i Mplo�,.i y, .�,., , i a4 zt3 �:°c, , C 9nsMTIU P"Tcr

100-00
For -- I — of the one (1) violation of G.S. 143-215.1(a)(6) and
NPPE S Permit Nod NCO0861,42, by discharging waste into the
waters of the State in violation of the permit daily maximurn
effluent limit for total suspended solids,
For I '— of the one (1) violation of G. S. 143-215 .1 (a)(6) and
—
N- P I k�S Permit No. NCO0861,42, by discharging waste into die,
waters of` the; State in violation of the permit.rnonthly average
effluent limit for total suspended solids.
350.00
TOTAL CIVIL PENALTY
44.67--.—.---
Enforcement costs.
494,67
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. 143 B-282. I (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 violations,
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity, or quality or on air quality;
(4) The cost of recti6ring the damage;
(5) Theatriount of money saved by noncompliance;
(6) Whether the violations were, 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,, authorit,'v, and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice., you must do one ofthe followirig.
1. Submit payment of the penalty,:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver ftirn,?), payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s),
Please submit payment to the attention of:
Point Source Conipliance/Enforeenient Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

F2. Submit a written request for remission 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 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 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 Quality 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 G.ya. 143B-282. I (b) were
wrongfully applied to the, detriment of the petitioner-,
(2) whether the violator promptly abated continuing environmental daniage resulting from
the violation;
(3) whether the violation was inadvertent or a result daze 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 information presented in support of your request for remission must be
submitted in wnting, The Director of the Division of Water Quality will review your evidence,
and ini(?rrn you of his decision in the matter of your remission request. The response will
provide details regarding case status, directions for payment, and provision for further appeal of
the penalty to the Imvironmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Colomittee cannot consider into ration that
was not part of the original remission request considered by the Director. Therefore, it is very
itroportant 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 "Waiver of Right to am
Administrative hearing and Stipulation of Facts" form within thirty, (30) days of receipt of this
notice, The Division of Water Quality also requests that you complete and submit the enclosed
"Justification for Remission Request" Both forms should be submitted to the, 'following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 fonn from the office of Administrative Flearings.

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 §15013-23.2) 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEN R as follows:
Mary Per nyThompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
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 starrip (not a postmark,), will result in this matter being referred to the Attorney
Cieneral'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 ofthis assessment. If the violations are of a contLnqLing mature, nqt related toopg�gion a4dj'oj
maintenance-p,roble.ms,m.(Lyor!,-atati,cipAte remedial con..srucfto activities - _ayyish to consider ictivities then ou_m
4ppjymg fora qral Ldr�_yonsent. I ca lave an c uesti ns about this civil ena ty sse mnt or a
pccial Girder bCo�nsent, please cojitact.11je I,?Ltq ualir�LSeqtiop staff of the Mooresville Tie Tonal office at"
704/663-1699.
(bate) Robert B. Krebs
Regional Supervisor
Sur -face Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachnients
j]

ATTACHMENT Eli`%`
CASE NO. LV- 1 - 4 f
O tf ll Date ParLmeter Reported Value Permit Limit
001 10/14 2011 TSS *72.0 /I 45.0 tag/ (daily mra i L )
*Denotes civil penalty, assessment
The Agee North Carolina, Inc. response to NOWNRE-2012-I.X-0025 was reviewed by
DWQ staff Mitigating factors were not found that resulted in a reduced civil penalty
amount,

STATE OF NORTH CAROLINA
INNTHE MATTER OF ASSESSMENT
F CIVIL PENALT" A AIN °T.
AQUA NORTH AR LINA INC.
PERNIITNO. NCO086142
DEPARTMENT OF ENVIRONMENT
AN NATt DUAL RESOURCES
WAIVER E OF I T IIT T AN
ADMINISTRATIVE HEARING AND
STIPULATION LATION OF FACT
FILE .NO. I, V-201 -001
Having been assessed civil penalties totaling ,67 for violation(s) as set forth in the assessment
dwaetuneut of the Division •ision of Water Quality dated .1 ant;a; 31, 2011. the undersigned, desiring to seek remission
o the civil penalties, dues hereby waive the right to an administrative Dearing in the above -stated matter an
does stipulate that the facts are as alleged in the assessment document. `The undersigned further -understand
that all evidence presented in support ofremission oft is civil penalty must be submitted to the Director of the
Division of eater Quality within 30 days of receipt of the notice ofassessment. No new evidence in support of
a remission request will be allowed after 0 days from the, receipt of the notice of assessment.
This the dray e . w_ , . _� r _ .: 2012
I
ADDRESS
TELEPHONE

IOW Q Case Number:
Assessed Party:
County:
Permit Number:
Amount Assessed:
SUSTIFICATION FOR REIVIISSION 9Y—Q—UEST
ITV- 2012-0015
Aqua North Carolina Inc.
Gaston
'-N'CO086142
$494.67
Please use this form when requesting rernission of this civil penalty, You must also complete the "R-NuemLF(r
Remissiop Ri, v
WailLeL o v it to an Achninistrafly, He!�Lr c I'll r
_f _L f)r to equest rentissio
of this mail penalty. You should attach, airy, documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission, Plewse be aware that a request t'or
remission is Hunted to consideration of the five factors listed below as they tnay 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. § 14313-2811 (c), remission o�fa civil penalty may be granted only
when one or more of the following five factors applies, Please check each factor that you believe applies to
your case and provide a detailed explanation, including copies ol'supporting documents, as to, NN,,Iiy the factor
applies (attach additional pages as needed),
(a) one or more of the civil pqnjIt , as -'actors in N.C.G.S. 14313-2811 b) re wr ly
--y 4�-A -�Le
—,sessment f Yee
LaMLjgd to the. ctriment of the _petitioner (Me assessment factors are listed in the civil penalty Lis, ssmrat
documeng);
(b) th _L
g v olqtpr rom, tl,- abated, continuirig eLtivironmental darn ige. teSUIthig from the violation (Le,
expletin the steps that you took to correct the violation and prerentfuture occurrences),,
(c) the violation was inadvertent or a result of an accident wai,
(i.e­ explain wity the violation
unavoidable or soinething you could not prevent or preparefior)''
(d) the violator had not been ass ,�send Wfioms;
p _4 _eve
ymgnt .� h civil penalty Nvill',pr pt aviiient, for the remaining tj.et ,ssqryjemedial actions
(i,e., explain how pqvment of the civil penaloz will prevent youftom per;fi,')rming the activities necessary to
achieve compliance),
EX11TANATION: (use additional pages as necessaty)

NORTH CAROLINA DIVISION OF AAjhjj��
Violator: LAqua North Carolina Inc.
Facility: OaklgN LWTP
fPark —
county': Gaston
Case Number: LV-2012-0015
Permit Number: NCO086142
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;
No harm has been documented; however, total suspended solids in excess of the nnit effluent
limitations would likely cause turbidity downstream of the discharge,
2) The duration and gravity of the violation;
The total suspended solids concentration was reported on October 14, 2011 as 72,0 mg/l which is 60%
over the limit. One additional sample was taken during the month which was reported below the permit
total suspended daily maximurn limit of 45 mg,/l (reported value 16.5 nig/1). The monthly average was
reported as 44.25 rag/I with a permit effluent monthly average limit of 30 mg/l (47.5% above the
monthly average permit limit).
3) The effect on, ground or surface water quantity or quality or on air quality;
No harra is expected on ground water or air quality; however, the receiving waters were likely to have
been impacted by an increase in turbidity and subsequent stress on aquatic life®
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
Money may have been saved by not installing treatment capability to rmove the suspended solids from
the filter backwash discharge.
6) Whether the violation was committed willfully or intentionally-,
The violation, does not appear to be willful or intentional.

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
�..,.bam_.se—:_ m_
1�Tmher
IN-2del 1, assessed mid on /31/1. v._.
�.11 it 1 Violations frog 1 in/_�
) The cost to the State of the enforcement procedures.
Staffpreparation of enforcement package: 2 hrs. t` ,, 3 .3 /h our ($70 66
SWP Regional Supervisor review 1 hour at 3 . 5/hour 3 . )
Clerical Support: 1 hour at 1 .fl0/h ou : 15 00
Postage 2 .00
Total. $1 4.6 Ike-
ate RO Supervisor
Division ofWater Quality,

�. mmmmi a
Repon Daatn. 01110112 Pap-. 4 yf E
PERMIT: NCO086142
FACILITY: Aqua North Carolina Inc- Oakloy Earle tIWTP
COUNTY.,
Gaston
REGIOW Mooresville
svill
Limit Violation
r
MONITORING OUTFAL 1
VIOLATION
UNIT OF
CALCULATED
REPORT PpI
LOCATION
PARAMETER ER DATE FREQUENCY
MEASURE
LIMIT
'vaALU%
°lo l:.VER LIMIT
VIOLATION TYPE
VtOLATlON ACTION
'V!'1:-.�t171 001
Eltluy+n$
tslids. Tot l Sus vened - 1 �
� xd«F,'�r1�rel'1'l 2 „CYaCIV"IiTa
41'9g61
�t5 �
%��.,.
�&'!'..
i!,µ.�;3i1'� �VYi�:Kat1i63:ci9 Exceeded
I`°�Earld�
Concentration
10 „2011 001
Effluent
Solids, Total Suspended - 10131111 2 X month
Mg/1
30
44,25
It"t.fl
Monthly Average Exceeded
atone
Euncentratic€t
PERMIT: NCO087033
FACILITY: Town of -Harmony - Harmony 9iWWVWTP
COUNTY:
Irod ll
REGION: Mooresville
Lirffit Violation
� t. � ; ,rv-r" • �_
�. � i �..
ro .,
MONITORING OUCFALLt
VIOL ON
"UNITOF%
CALCULATED"
REPORT PF t
LCiC; TIC:N
PARAMETER DATE __NE FREQUENCY C Y
T21Wvi
MEASURE
LIMiT
V13L.P"
d OVER LIMIT
VIOLATION TYPE
VIOLATION ACrILTr
10 -2011 001
Effluent
To
tal otal Suspended _ 101fl&J t " e
rng/,
45
� �T q
6,44
Weekly AverageExceeded
Nero
�ro
"viancontre'�. trr�.n
.f
PERMIT: NCO024244
FACILITY:
City of Albemarle -Long r ek WVVTP
COUNTY:
StatelyREGION:
svill
Mooresville
,ry
l_lrnit Violation
�� �,. � c" �e . �. � I ,. � . ��
w �
� >
"�
MONITORING CUTT`ALL I
'WIC„ATKCW
UNIT OF
CALCULATED
REPORT PPI
LOCATION
PAPLAMETER C FREQUENCY
MEASURE:
LIMIT
VALUE ,
% OVER i fPw1iT
VIOLATIONTYPE
VEC"}I ACTION
10 -2011 001
Effluent
C�-trrariurn, Total (asCr) "`' 1t5d211`i't Monthly
ura,"l
52,6
bT
27.38
Monthly Average Exceeded
None
10-2011° 001
Effluent
Ecsliforrrs, Fecal Ivilr',1f � 10/22,111 E week
#J1Uttrsst
400
867,69
11E.t12
Weekly Goornetri Mean,
None
Brotla,d4 E
Exceeded
10 :2011 out
Ert LieITt
rAeruaary, tal {asllq) - 1Ut31t11 Monthly
ngr{
2
19,01
58.38
Monthly Average Exceeded
None
Cen(, ralv;Ln
E,F� ,