NC0065749_Enforcement_20150828

HKE
Pat McCrory Donald van der Valart
Governor Secretary
August 28, 2015
MON--
Mr. Thomas J. Roberts, President
Aqua North, Carolina, Inc.
202 MacKenan Court
Cary, North Carol" 27511
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No, NCO065749
Ashe Plantation WWTP
Mecklenburg County
Case No. 1,V-2015-0138
Dear Mr. Roberts:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$893.85 ($750 civil penalty + $143-85 enforcement costs) against Aqua North, Carolina, Inc.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for March 2014. This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NCO065749. The violations are sums narized
in. Attachment A to this letter.
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 Permit No. NCO065749 and North Carolina
General Statute (G.S.) 143-215,1(a)(6) in the manner and extent shown in Attachment A. A civil
penalty may be assessed in accordance with the maximunis established by G.S. 143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Resources, 1, Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc..
Mooresville Regional Office
Location: 610 East Center Ave., Sufte 301 fvlooresv;lI% NC 28115
'hone [phone] 1, Fax, [phone] 3 Customer Service: 1-877-623-6748
hternet http:llportat,ncdenr,orglwf.,biwq

$750.00 For 1 of the one (1) violation of G.,S. 143-215, l(a)(6) and
NPDES Permit No. NC' O065749, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
750.00
143.85
$893.85 —
TOTAL CIVIL PENALTY
Enforcement costs
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:
(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 rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) 'W'hether the violations were committed Nvillfally 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 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 Environment and Natural
Resources (do not include waiverfior#t), Payment of the penalty will not foreclose her
enforcement action for 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
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 zimount 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 Resources at the address I isted
below. In deten-nining 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. 143B-282,1(b) were
wrongfully applied to the detriment ofthe petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting front
the violation,
(3) whether the violation, was inadvertent or a result of an accident;
(4) whether the violator hadbeen assessed civil penalties for any PTCA40US violations; or
(5) \vhether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all in (brination 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 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 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 to request remission, you must complete and submit the enclosed "Waiver of Right to
an Administrative Hearing and Stipulation of Facts" form within thirty (3 ) 0) 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 fornis should be submitted to the following address,
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 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. 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 rile (with restrictions) - provided the signed original, one, (1) copy and a filing fee (if a tiling
fee is required by NC GS § 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
671 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
DENR,
1601 Mail eRice Center
Raleigh, NC 27699-1601
Please indicate the case number (ass 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/tune 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.
Nease be advised that additional penalties may be assessed for violations that occur after the
review period of this assessment. If youhave any questions about this civil penalty assessment, please
contact staff in the Mooresville Regional Office at ('704) 663-1699.
,7
(D- e) Michael L. Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
ATTACHMENTS
M Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement'file Ar/ attaclu-nents
Central Files w/ attachments

ATTACHMENT T
CASE NO. LV-2015-01,38
Eztfall Date Parameter F r 'it Limit
001 3/31/14 Ammonia : g/L* 0.5 ni L(Monthly ver c,l
Denotes civil penalty assessment
The Aqua North Carolina, Inc. response toNOV-2014-L - 3d received on august 11,
2014 was reviewed F DWR staff. Mitigating factors Arere not found to result in a
reduced civil malty arnount.

STATE OF NORTH C ROLIN
COUNTY OF M CKLENBUR
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
AQUA NORTH CAROLINA, INC,
DEPARTMENT F ENVIRONMENT
AND NATURAL RESOURCES
WAI'VER, OF RIGHT TO AN
ADMINISTRATIVE HEARINGAND
STIPULATION OF FACTS
FILE NO. LV-2015-0138
Having been assessed i Fil penalties totaling � .8 for violation(s) as set forth in time
assessment document f the Division of Water Resources dated duly � 01 , the undersigned,
desiring to seek remission of the civil penalties, dames hereby wive 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 imderstands 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 30 days
of receipt of the notice of assessment, No new evidence in support of a remission request will be
allowed after 30 days trommm time receipt of the notice of assessment.
This the day of 201
BY
ADDRESS

JUSTIFICATION FOR REMISSION REQUEST
DWR�CaseNumher: LV-2015-009
Assesised Party: Aqua North Carolhtz� Ine.
County- Me&1enhurg
Permit Number NCO065749
Amount Assessed: $893.85
Please use this form when requesting remission of this civil penalty. You must also complete the
'lea uest For Remission, if of&g-�htto a�njdtninistrative 'Fc� Hearin , and Sti as arm
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 viotation(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 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 wh-
y the
factor applies attach additional pages as needed).
(a) one or more of the civil
(the assessmentfactors are listed
in the civil penalq, assessinent document);
(b) the
violation (1,e., explain the steps thalyou took to correct the violation andprevent
fiziture occurrences),'
(c) the violation was inadvertent or a result of an accident (i.e., explain wlfJ,' the violation
wags unavoidablegar something you could not prevent or preparefior)',�
(d) the violator had not been assessed civL12ena1fies for any-presdous violations;
(e) payment of the civil aen i will revei -nec��k[
p_ malt will it payment for the remaining y p_ - actions (i.e., explain howpayment cif the civil' penaley, willprevent youftompe�forming
the activities necessary to achieve coMpliance).
EXPLANATION: (use additionalpages cis necessaty)

Iffama;
Violator: Aqua, North Carolina. Inc.
Facility: Ashe Plantation.WWTP
County: Mecklenbur
Case Number: LV-2015-0138
Permit Number: NCO065749
4) The cost of rectifying the damage, The cost is unknown.
5) The amount of on saved by noncompliance; The amount of money saved by noncompliance is
unknown.
The cost to the Division of Water Resources is $143,85.
SIA e Ll�
Michael L Parker, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR