NC0028941_Enforcement_20160720

WaterResources
ENVIRONMENTAL OUA LIT Y
. Shannon V. Becker, President
Aqua North Carolina,:1 ..
202 MacKenan Ct
Cr, NC 27511
PATMCCRORY
Governor
N LD R. VAN DER V A T
November 2, 2016
Pine Wley Subdivision WWTP
permit Number: NCO028941
Case Number P02016-0047
Rowan County
Dear Ise itt;
This letter is to acknowledge receipt ofpayment its the amount of $600.00 receive from you on
10,/31/2016. This payment satisfies in full the alcove civil assessment s levied against the
subject facility, and this case has been closed, Payment ofthis penalty in no way precludes
future action by this Division for additional violations of the applicable tatu s, Regulations, or
Permits,
1f you have any questions, please contact Wren Thedford at 919-807-6397.
Sincerely,
mew
Wren T + d or
Wastewater Branch
cc: Central piles
NPDES
Mooresville o ion al Office

August 26, 2016
Shannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
PAT MCCRORY
Governor
DONALD R, AN DER VAART
ScCromy
S, JAY ZlA1MF_RMAN
REC ENEEMINCUIE." Mr,"i'l,
WQIQ 0S
M0 �­' R, C V
tr
Subject: Remission Request of Civil Penalty Assessment
Pine Valley Subdivision WWTP
NPDES Penuit NCO028941
Case Number PC-2016-0047
Rowan County
Dear Ms. Becker:
'This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility, Your request will be scheduled for review by the Director and you Neill be
notified of the result.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
deTek,denardCwncdenr.gov,
Derek Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
cc: Enforcement File w/originals
NPDES Program File,,;
Central Files w/armatunents
'Mooresvilte Regioval Office w/atmchments
ce: Laurie Non, Area Manager -Western NC, Aqua NC [LT1sonf, aquaamenca.com]
State of North Carolina Enviromnental Quality F Water Resources
1617 Mail Service Center � Raleigh, North Carolina 27699-1617
919-707-90(,')0

7qlqq
Denard,
From: Sson, Laurie T. <LT1s n@a uaarnerica.com
Sant, Wednesday, August 24, 21 4.4 PM
To: Zimmerman, 1a
a° Lenard, Care
s Pine Valley & Willowbrook
Attachments: Willowbrook-20160824165106.pdfA Pine Valley20160824165048.pdf
. Zimmerman,
Aqua submits the attached Waiver of Right To An Administrativearia and Stipulation of
Facts in reference to the above referenced wastewater treatment plants. I spore with Mr.
la rd Friday who indicated that email was an acceptable method of submitting, If l mead t
follow up with hard copies, please let me know. Thank you for your assistance and
Regards
AQUA.
Or4ww
B=Wehm
E i EDI C
AG
7C4.-
water Quality
P rrnit In fOT'

RECEIVEMCDEWWR
AUG 2 4 2016
Water Ottality
Permitting Section
STATE OF NORTH CAROLINAEP ,R TP ENVIRONMENTAL
COUNTY OF ROWAN QUALITY
IN THE MATTER OF ASSESSMENT
P CIVIL PENALTIES AGAINST ADMINISTRATIVE
AQUA NORTH CAROLINA, INC. STIPULATION OF FACTS
PINE VALLEY SUBDIVISION x PC-2016-0047
PERMIT NO, NCO028941
Having been assessed civil penalties tot lin 00.00 for violations as set forth in the
assessment document of the Division of "'dater Resources dated July 20, 2016, the
undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an
administrative hearing, inthe 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 3 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 ofasessent
This the 24h day August 2016.
hanhc;n '. �Beck�erjre's`ident
Aqua North Carolina, Inc.
202 MacKenan Conn
Cary, 27511
919-653-6964

MATIEWAMMSIDAZEMM-MaIMAR =1
CaseNumbeet PC-2016-0047
Assessed Party- Aqua North Carolina Inc.
Permit No.: NCO073539
County. Rowan
AmountAssessed: 0_000
believe,771177 to 7our case and provide a detailed expianation, mc Ing copies o7upporTrag-UMMIMIN7, 47 fu Tj1rM
factor applies (6ttach additional pages as needed).
one or more of the civil pethifty assessment fadtriis in N.C.G& 14�13-282.41J) Were wron&lly applied to the
detriment of the petitioner (Me assesshunitj4ctars ate listed in the civil penalty assessment documeno,-
V 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);
the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or somethingyou could not prevent orpreparefor);
the violator had not been assessed civil penalties for any previous violations;
Imiumm."6. *
payment of the civil penalty will prevent payment lotthe remaining necessary remedial actions (i.e,,
explain howpayment of the civilpenally will prevent you from performing the activities necessary, to
achieve compliance).
R,EGEj\iED1NCDE(YUNR
AUG 2 4 2016
,,, Quatity
Permitting SectiOn

PAT MCCRORY
DONALD R. VAN DER VAART
Governor
WaterResources & JAY ZJMNTERMAN
eKV1Q0NMtNTAL QUAUTY Director
,July 20, 2016
CERTIFIED TdAIL 7009 2250 0000 8087 1269
RETURN RECEIPT REQUESTED
Mr. Thomas J Roberts, President
Aqua North Carolina, hic.
202 Mackenan Ct
Cary, NC 27511
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
Case No. PC-2016-0047
Failure to Register & Submit Electronic Discharge Monitoring Reports (eDMRs)
Pine Valley Subdivision
NPDES PetmitNC0028941
Rowan, County
Dear Mr. Robet ts:
This letter transmits as notice of as civil penalty assessed against Aqua North Carolina, hic. in, the amount
of $,600.00 (includes $ 100. 00 in enforcern cut costs).
Per the terms of your NPDES permit, you were required to register for, and begin using, the eDMR
system by 12/27/2014. Our records indicate that as of the date of this letter, the. subject facility is not
registered and not submitting data electronically, Failure to register and begin submitting reports
electronically is as violation of the terms, of your permit,
A Notice of Violation (1` OV-2015-PC-0212) was sent to you for failure to register for, and
begin using, the eDMR system by 12/27/2014. This notice was received by you on 9/8/2015.
Within said notice, yen were, informed that this office will recommend the -'issessirrent of civil
penalties if you do no register the
August 201 _eOMR.
A Notice of Deficiency (NOD) was sent to you for failure to register for, and begin using, the
eDMR system by 12/27/2014. This notice was received by you on 3/18/2015. Within said
notice, you were informed that in order to reduce risk of receiving additional enforcement
action, you must complete your registration within 30 days of receipt of this -notice.
The State's enforcement costs in this matter may be assessed against Aqua, North Carolina, Inc. pursuant
to NCGS. 143-215,3(a)(9) and NCGS 14313-282. 1 (b)(8).
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 Pennit NCO028941 and G.S. 143-215,65 in the manner
and extent shown above. In accordance with the maximums established by G.S. 1,43-215.6A(a)(2), a
civil penalty may be assessed against any person who violates the terms, conditions or requirements of
apermit requiredbyG.S. 143-215,1(a).
State of North Carolina I Environmental Q�uality I water Resources
1617 Mail Semice Center � Raleigh, North Carolina 27699-1617
919-707-9000

Mr. Roberts
NPDES Permit NCO028941
Case No. PC-2016-0047
July 20, 2016
Page 2 of 5
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 hereby make the following civil penalty assessment against Aqua North
Carolina, Inc.:
$ 5K00 For violation of NCGS 143-215.65 and NPDES Permit NCO02894.1, Failure to
Register & Submit Electronic Discharge Monitoring Reports (eDMRs).
$ 100-00 Enforcement Costs
$� 600.00 TOTAL AMOUNI'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. 14313-
2 82. 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 prograrns over which
the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
payment should be made directly to the order of the Department of Enviromnerital Quality (do not
include vvaiver,/brn). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention ofi
Wren Thedford
NC DEQ/DWRAVater Quality Peirnitting Section
1617 Mail Set -vice Center
Raleigh, North Carolina 27699-1617
OR
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

PPP"-NPPE S Permit NCO028941
Case No. PC-2016-0047
July 20, 2016
Page 3 of 5
request irrust be accompanied by a waiver of your right to and 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 at 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 14313-282. 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 the Division of Water Resources will review your
evidence and info rrn 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 1mvironmental Management Conintission's Committee on Civil Penalty
Remissions (Committee), Please be advised that the Committee can -not consider information that
was not part of the original remission request considered by tire 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;
Wren Thedford
NC DE,Q/DWR/W'ater Quality Permitting Section
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 fon-n frorn the Office of Administrative
Hearings. You must file the petition with the Office of Adninustrative Hearings within thirty (30)
days of receipt of this notice. N petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of. do ini trative Hearings accepts

Mr, Roberts
NPDES Pe pit NCO028941
Case No. PC-2016-0047
July 20, 2016
Page 4 of 5
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings, The petition may be faxed provided the original and one copy of the document is received
in the Office of Administrative Hearings within five (5) business days following the taxed
transmission, The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone (9,19) 733-2698 Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of fl-lis 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 revie"N"
period of this assessment,
If you have any questions, please contact Derek Denard at 919-807-6307.
incer y,
Iccr
lay, litunee 4nnan, P.G., Director
Division of Water Resources, NODEQ
ATTACHMENTS
cc: f V"
Enforcement rile PC- -0047
Central Files vdattachments
In
x;
'0 b" Qtior
iments

ATTACHMENT
Aqua North Carolina Iris
CASE NUMBER: PO-2016-0047
PERMIT: IT: NCO028941 FACILITY: Pine Valley Subdivision WWTP COON Rowan REGION: Mooresville
Other Violations
PENALTY MONITORING VIOLATION REPORT AREA DESCRIPTIONDATEVIOLATION TYPE
50U0 Monitoring and Failure to register for eDMR 8120115 Permit conditions violation
Reporting
Requirements

NTPATE POFNrORTIR CAROLINA
COUNTY7 OF GeV A
M TIME MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
AQUA NORTH CAROLII A. I l
PINE `,ALLEY SUBDIVISION
DEPARTMENT OF ENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING G AND
STIPULATION LATION E FACTS
PERMIT NO. NCO02 8941 FILE NO. PC-2016-0047
Having been assessed civil penalties toting 00.00 for violation(s) as set forth in the assessment
document of the Division of Water Resources ces dated duly 20, 2016, 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 rernission of this civil penalty must be submitted to
the director of the Division of Water Resources within thirty d) days of receipt of the notice of
assessment, No new evidence in support of a remission request will be allowed after ) days from the
receipt of the notice of assessment.
This the day of 2016,
SIGNATURE

DWR Case Number: "- 016-0 County: Rowan
AssessedEntity: Aqua l rra:�tl urtali is iue Pinar Valley ubd vision fP
Permit o.: NCO028941 amount Assessed: $600.00
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, r ing, nd 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 . . . . § 1 - .1(c), remission of at.
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 as detailed explanation, including espies 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. . 1431- 2.1,(b) were
wrongfully applied to the detriment of the petitioner (the aassessrraent favors are listed in the civil
penalty assessment document);
(b) the violator proptly abated continuing ,environmental damage resulting from the violation
(i.e., explain the stews thatyou took: to correct the violation canal pr vent future occurrences);
Ej (c) the violation was inadvertent or a result of anaccident(i.e,, explain why the violation was
unavoidable le or somethin you could not prevent orpra:paar e ore);
El (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 off; the eivil penalty will prevent you µirons p rat rasing the activities
necessary to achieve compliance).
P PI iI`tON::