NC0063584_Enforcement_20130603

LTM
A--,T-4;L.A FILE,
'i N
°°r..
IF ACDE R
North Garonne Department of Environment and Natural Resources
Division al r Quality
Pat McCrory hades ak ld, John , Skvarla, III
Director Secretary
Governor
June 3, 2013
CERTIFIEDMAID 7010 0780 0000 5519 2328
Rf,l'FIJRN RECEIPT RE UESTED
r, Thomas J . Roberts
Aqua forth Carolina, Inc
202 MacKenan Court
Cary, North Carolina 27511
SUBJECT: notice of Violation and Assessment of Civil
Penalty for Violations ofN.C. general Statute
143- 13.l a ) and NPDES Permit No. NCO0 35 4
Oxford Alen WW T
Mecklenburg :ounty
Case No. LV-2013_0113
Dear Mr, Roberts -
This letter transmits a Notice of Violation and assessa ertt of civil penalty a,[ the amount of
4 7.44(35 . d civil laena6ty + $t47,44 erdforcement costs) against Aqua North Carolina, hic.
This assessment is based upon the following facts; A review has been conducted of the sell"
monitoring data reported for February 2013, This review has shown the subject facility to be in
violation of the discharge limitations found in NPD S Permit No, NCO063584, The violations are,
summarized in Attachment A to this letter:
Based upon the above facts, conclude as a matter of lavv that a 4 and forth Carolina
violated the to s, conditions, or requirements f l S Permit o,
General Statute (G S.) 143-21 .1 fail in the manner and extent shown in Attachment X A
civil
penalty may be assessed in accordance with the m i urns established. by ,S. 143- 1 .6 a 2 ,
Based upon the above findings of fact and conclusions of law,
d in accordance, withauthority
provided y the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality{, 1, Michael L. Parker, er, Surface eater Protection Regional anal r ervisor
for the Mooresville legion, hereby make the folloyyroig civil penalty assessment against aqua forth
Carolina, Inc.:
Mooresville eg"I Office
Locafiotv 616 Fast Center Ave., Suite 331 Muoresville, NC 28115
phone: [phone] t Fax (7 ) 663.6040 t Custatnt t Service: 1-877-63.3748
Internet hV�,,,1pDdgncdenr,ofq/webANq
x x per- ,tmjlo post coajsa tsar paper

I KOO 14
Form..® I of the one (1) violation of G,S. 143-215. 1 (6) and 4
NPDES Permit No. NCO063584, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for biological oxygen demand (BOD),
0.00 For _ I of the one (1) violation of G.S. 143-215. l(a)(6) and
NP15——Pernot No, NCO06-3584, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limitfor ammonia.
0,00 For - I of the one (1) violation of G.S. 143-215. 1 (a)(6) and
NPDES Permit No. NCO063584, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for biological oxygen demand (BOD).
$----25Q00 For I of the, one (1) violation of G. S, 143 -215, 1 (a)(6) and
NP6fVS leeritNo, NCO063 584, by discharging waste into the
waters of the State in violation of the permit monthly averige
effluent limit for amrnoma.
$— 350.00 TOTAL CIVIL PENALTY
$-- 14T44 Enforcement costs
$— 497.44 TOTAL AMOUNT DUE
Pursuant to G& 143-215.6A(c), in determining the amount of the penalty I have taken into account. the
Findings of Fact and Conclusions of f..,aw and the factors set forth at G.S. 143B-282.1 (b), which'are:
(1) The degree and extent of liann to the natural resources of fl-ic State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violationsR
(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 violations were co'nimitted willfully or intentionally;
(7) The prior record ofthe violator in complying or failing to comply with programs over which
the fuivironmental Management Commission has regulatoryautfiority; 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:
L Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include wafiver. 1brie ), Payment of the penalty will not foreclose further
enforcement action for any continuing of new violation(s).

Please submit payment to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. 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 'Whet her 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 wiry 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,S, 14313-282.1 (b) were
Nvrongfully applied to the detriment of the petitioner.tal damage resulting from
(2) whether the violator prompttY abated continuing environmen
the violation; as inadvertent Or ar result of an accident;
(3) whether the violation w v
(4) whether the violator had been assessed civil penalties for any previous iolations; 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
an
submitted in writing. The Director of the Division of Water Quality will review your evidence , d
inform 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
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 origi
nal
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 "Waiver of Right to
an Administrative Hearing mid 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 (.',arolina 27699-1617
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. on roust file the petition with the Office of Administrative Hearings
within thirty Ile
, (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 �-j,m, and 5-00 p.rn
s. The petition may I
except for official state holiday be fled by tacsimile (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 1`611mving 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 inailing address and telephone and fax numbers for the Of of Administrative
Hearings are as follows:
Office of Administrative IleatirIgs
6714 Mail Set -vice Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) cOPY of the petition must also be served on DE as follows:
Mr. Lacy Presnelf, General Counsel
DE?'.R
1601 Mail Service Center
Raleigh, NC 27699-1,601
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 notice, as
evidenced by an internal date/timereceived stamp (not a postiriark), will result r s ifI this .e mene r being
referred to the Attorney General's Office for collection of the penalty through a civil action.
Please be advised that additional penalties mkv be assessed for violations that occur after the
review period of this assessment. if the violations ge--Q-fAo unpin na no related to �ogratiojq
dJqr ma: mtenance Drobmq an led vni,
A!I

WaUf Michael L. Parker, Regional
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Mooresville Regional Office Compliance bile d attachments
Raleigh Compliance/Enforcement Mile w/ attachments
Central Files rl attachments
R. loll, MCWQP'
ml i

ATTACHMENT A
CASE NO. LV-2013-01 B
Outfall to Parameter Re -ported Value Permit Limit
16.5 mg/f, (Daily
001 2/14,113 BOD 25.1 mg/L* M'U itnum)
001 2/14/13 Ammonia 7.45 mg/L 7.15 mg/l, (Dail}
maximw-n)
001 2/28/13 BOD 113 nig/L 11.0 mg/'[,, (Monthly
average)
001 2/28/13 Ammonia 10 mg/l,* 0.5 nig/l, (Monthly average)
Denotes civil penalty assessment
The Aqua North Carolina, Inc. response to NOV-2dal 3-LV-0300 received on Ma,y 23,
2013, was reviewed, by DWQ staff. Mitigating factors were not found to result in a
reduced civil penalty amount.

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTED. OF ASSESSMENT
P CIVIL PENALTY AGAINST �
AQUA NORTH CAROLINA, I C
PERMITNO. NCO063584_
DEPARTMENT T ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF R.IGI^ T T AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV-13-13
Having been assessed civil penalties totaling $497.44 for violation(s) as set forth in the
assessment document of the Division of Water Quality datedJune 3, 2013,E theundersigned, desiring
to seek remission of the civil penalties, 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 Quality within 30 days of receipt of
the notice of assessment. No new evidence in support of a remission request will be allowed after 3
days from the receipt ofthe notice of assessment
This the day of m.:. _..m__. i
V
ADDRESS

JUSTIFICATION FORREMISSION REQUEST
DWQ Cast Number: 1_,V-2013-0113
Assessed Party-, Aqua North Carolina, Inc.
County: Mecklenburg
Permit Number: NCO063584
Amount Assessed: $497.44
Please use this or when requesting remission of this civil penalty. You must also complete the
"]?eauest For Remission. Waiver of Rizht to an zldministrative Hearinand-Stipulation of Facts"
forrn 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 civilpenalty assessment document.
Pursuant to N.C.G. S a § 14313-282 I (c), remission of a 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 of supporting documents, as to why the
factor applies (attach additional, pages as needed).
(a) one or more of the eivienaftv assessment factors in N.C.G.S. 143B-282.1(bhwere
on fury a plied to the d tr cent of tlj"titioner (the assessment factors are listed
in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting frothe
violation (i.e., explain the steps thatyou took to correct the violation andprevent
future oceurrences),
(c) the violation was inadvertent or as result of an, accident (i.e., explain wlay the violation
was unavoidable or something you could not prevent or prepare for)
(d) the violator had not been assessed cLy j1_penaln jes for pia y_previous violations;
(e a ant of the rival malt wall went a ent for the remainin necessary remedial
actions (i.e., explain how payment of the civil penaltywill prevent youftomper/brming
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

M
12
IM
IM
IM
M
Violator: Aqua North Carolina. Iris:
-
Facility: Oxford Glen WWTP
County: Mecklenbure
Case Number: LV-2013-0113
Permit Number: NCO063584
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;
NE a0'AL,,m�
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The cost is unknown.
The amount of money saved by noncompliance;
a 100 11
Whether the violation was committed willfully or intentionally;
The Division of Water Quality has no evidence that the violations were committed willfully or
intentionally. The permiftee's response to NOV-2013-LV-0300 noted that the facility has been
struggling with the movement of air throughout the biological process, which resulted in the permit
exceedance s. However, the BOD and ammonia levels on February 7, 2013, were not elevated,

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
There has been one previous CPA for the Oxford Glen WVVTP, which occurred in the'past 12 months,
-u—m'j her —r Description
LV-2013-0035 $ Lip for BOD and dissoNed oxygen. Pen its ra yid in full
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Quafity is $147.44.
oe
Michael L Parker, Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality

Repa tDate: 05107/13 Page: +6 of
\
Tormina aw Creek
=y -
Limit VICMitIClrM
. �� ,.
¢ a 4., e , ! ,` k� r _,
51 °v" b
MONITORING OUTFALL I
VIOLATIONS
UNIT OF
CALCULATED
�
REPORT PPI
LOCATION PARAMETER/f DATE '., FREQUENCY
MEASURE LIMIT
VALUE
% OVER LIMIT
VIOI.AT(OI i TYPE
VO04T10ty ACTION
02-2013 009
E iuent Turtudit }.x'j 0212011 �r�th9A
n,to
tl
84,
Daily M mrrar,xtr� re ed
�l�nM�
.+.
y..
µ,�....
*Wi
PERMIT: NC0063584-
FACILITY, Aqua North Carolina Inc - Oxford Glen
VW FTP
COUNTY:
Mecklenburg
REGION: Mooresville
ville
w
LIrrIIt Violation
-. ?
`
MONITORING OUTFALt, J
VIOLATION
UNIT OF
CALCULATED
REPORT F*P9
LOCATION PARAMETER DATE FREQUENCY
MEASURE
LIMIT
VALUE
% OVER LI M T
VIOLATION "TYPE
VIOLATION ACTION
02.r2013 001
Effluent OD, 5-Day (20 Deg4) " 02114113 Weekly.
Conoentr tlon
mg/I
15.5,
25.1
52,12
Daily Maximum Exceeded
Nan
02 -2013 001
Effluent BOCL 5-Da 20 De } C12125113 Weekly kly
{ elFl
Concentration
o1 !
! 1 t, ,x
12
11.3
Monthly thly Average Exceeded
None(
02--2013 001
Effluent Nitro an, Ammonia Total (a 02t1 113 Weekly
8
mgA
7.'15 , `
7.4
4.
Daily Maximum Exceeded
None 1°" t ''
N) - nc ntration
Q2 -2Q13 flGi
Nitro an, Ammonia Total a
Effluent ( t?2f51 @31dtMK&y
rtll!
t7. a ..,
1.Jta
29
lcrittMly Average Exceeded''
Nana TI '
g 4 enentratinn
ua
ka
PERMIT: MIWMMT:.N
77,
,,,, A ILITY. pique r°tM� arolin Inc - int Nil Festival
MINTY ` e klenbur
M E IOW Mere'
, T
Limit Violation
MONITORING OUTFALLI
VIOLATION
VIOLATION
UNIT OF
CALCULATED
REPORT PP@
LOCATION` PARAMETER FRECUEAICY
MEASURE
LRIW t
VALUE
% QVER LIMIT
VIOLATION TYPE
VIOLATION ACTION '
02 -Z013 001
Effluent 60D, 5-Day i20 Deg, C ,2Y
02121613 y°ieei�i
rn it
15w
17.5'
a*murn Exceeded
None
Corr r?tr tion
,.,