NC0071242_Enforcement_20130306

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i Mb " tWAR
Irr North Carolina Department f Environment and Natural Resources
Division of Water Quality
Pat McCrory h rles' aklld, R _
Iw John E. Skvada, III
ovemor Director Secretary
March 6, 2013
RETURN RECEIPT REQUESTED
Mr. Martin Lashrra, Regional ional Director
Carolina Water Service Inc. of NC ,
PO Box40908 s
Charlotte, North Carolina 28224
SUBJECT, Notice of Violation andAssessment rent Civil penalty for
Violations of N.C. General Statute 14 - 1 .l tat and
NPDES Permit No. NCO071242
River oin e WWTP
Mecklenburg County
Case No. LV-2 11 -0038
Dear Mr.pasha:
This letter transmits is a Notice of Violation and assessment of civil penalty in the amount of $34,7.44
($200.00 civil penalty + $147.44 enforcern nt costs) against Carolina Water Service, Inca of NC.
This assessment is lased upon the following facts. A review has been conducted of the self mor itorirr
data reported for October 2012. This review has show -n the subject facility to be in violation of the
discharge limitations found in NPDES Permit No. NCO071242. The violations are surnmarized in
Attachment A to this letter.
Based upon the above facts, I conclude as a matter of laws that Carolina Water Service, Inc. of NC
violated the terms, conditions, or requirements of NPDES Permit No, NCO071242 and North Carolina
General Statute, (. .) 14 - . I tat in the manner and extent shower in Attachment A. A civil
penalty may be assessed in accordance with the maximurns established by G& 14 - 1 . A(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 Environment and Natural Rsourc s and the Director
of the Division of Water Quality,1, Michael L. Parker, Surface Water Protection Regional up viso
for the Mooresville Region, hereby make the following civil penalty assessment against Carolina
Watery Service, Inc of NC:
Mooresville RegionalOf
Locafioru 610 East Center Ave.. Sine 301 MooresvR6, NC 28115 One
Ph [phone] 6 Fax: la 04) 663-6040 t Customer Servloe. t V7-633 6746 w i t
Internet' ttp.tlpstaI rrecter�t arr3rvrsbq ���
An EqualOpp odunRy ^ f"irmallve auun Employer - 30% R yct ,,10% Pont Consumer paper

00 0 _ - For — 2 _ of two violation(s) of G.S. 1 -" 1 . (6
NPDES Permit No. NCO 71 4 , by discharging waste into the
waters of the State in violation of the perinit daily maximum
effluent limit for fecal colifornn,
$ 2W00 TOTAL CIVIL PENALTY
14 ..` 4-- Enforcement costs
Pursuant to G.S. 43- l .Ca (c), in determining the amount t of the. penalty l have taken into account the
Findings of Fact and Conclusionsof Law and the factors set forth at G.S. 14 13-2811 , itich are.
(I The, degree and extent of harm to the natural resources of the State, to the public health, or tci
private property resulting from the violations;
( The duration and gravity of the violations,-,
t,'The effect on ground or surface water quantity or quality or on air quality
(4) The cost of rectifying the damage;
( The curd of money saved by noncompliance;
(d) Whether the violations., %&,are 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 regrul tory authority; and
() The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice you must do orne of the fctl lOWing:
1. Submit payment of the penalty:
Payment should be made directly to the ardor of"the Department of Envirownent and Natural
al
Resources ces (o not include rraiverµi )rn ), payment of the penalty will not foreclose further
enforcement action for any continuing or new violation( ).
Please submit payment to the attention o
Point Source Compliance/Enforcernent Unit
Division of Water Quality
1617 Mail Service Center
lZa eiph, North Carolina, 276 9-1 17
OR
2. Submit a written request for remission including a detailed ustifrcatiofn for such request:
Please he aware that a request for remission is limited to consideration of the five: factors listed below
as they may relate to tine reasonableness of the ainount of the penalty assessed.. Requesting uestirn remission
is not the proper per 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 caption of an administrative hearing, such a request must be accompanied by
waiver of your right to an administrative hearing d a stipulation that no factual or legal issues are in

F
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 assessmentlactors in G � S � 143B-282. I (b) were
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) wherher 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 writing. The Director of the Division of Water Quality 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 inforniation 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" forin 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 f'ollowing address,
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Sergi ice 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 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, dmin str°ative 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 byfacsimile (,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 following the taxed 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 theOyfface of Administrative Hearings are as Iq
follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition wisest also be served on DENR as follows:
r. Lacy Presnell, General Counsel
DENT
1601, Mai I Service Conte
Raleigh, NC 27699-1601
Please indicate the case number (gas found on page one oftlais letter) on the petition.
Failure to exercise one of the options above within thirty days of receipt of this notice, as
evidenced by. internaldate/time received stamp (not a: postrnar , v611 result in this matter being
referred to the attorney General's Officefor collection ofthe penalty through to civil Faction.
Please be advised that additional penalties may be assessed for violations that occur after the review"
period of this assessment. If the violations are of a canon ipg raatac not related t ooer t%on d/or>
mainteriance pro ,bo a �aaltie ate r rrxedial cojqstpAqtigia twat es$ ttaa tam a a r' wis a
qr n� ider a 1 }ink p a � cciardcr b : cans nt if on lig tan estions about Wiltsciviltonal l
sse sm nt oz pcial Girder byPleaseecaaltac the ' ator ` oalit ° Section staff a the
Mooresville Reg anal Office a t jZ_Q -1 ,
w
(Date),, Michael L. Parker, Regional Supervisor
urfacse Water Protection
Mooresville regional Office
Division ofWater Quality
ATTACHMENTS:
cc; Mooresville regional Office Compliance File w/ attachment
Raleigh Compliance/Enforcement File w/ attachments
Central files Nv,/ attachments
rralp/ a

ATTACHMENT A
CASE NO. LV-2013-0038
Outfan Date Parameter Reported Value Permit Limit
001 10/4/12 Fecal coliform, 600 CFU/100 mL 400 CRJ/100 mL (Daily maximum)
001 10/11/12 Fecal colifortri 570 CFU/100 ml, 400 CFU/I 00 mL (Daily maximum)
The Carolina Water Service, Inc. of NC response to iNOV-2013-LV-0094 received on
February 27, 2013, Nvas reviewed by DWQ staff. Mitigating factors were not toed to
result in a reduced civil penalty.

TAT F NORTH CAROLINA DEPARTMENT OFE.NVIRONMENT 14
AND NATURAL RESOURCES
COUNTY OF MECKLENBURG
IN "T14E MATTER OF ASSESSMENT WAIVER OF RIG14T TO AN
OF CIVIL PENALTY T I T } ADMINISTRATIVE TIVE I-1EARfN'G AND
CAROLINA WATER SERVICE, , INC. STIPULATION OF FACT
OF N
PERMIT NO. NCO071242
FILE NO. LV-2013-0038
Having been assessed civil penalties totaling 4' 44 for violation(s) as set forth in the assessment
document ument T the Division of Water Quality crated a—rch; 6. 2013, the undersigned,desiring to seek
remission of the civil penalties, does hereby waive the right to a administrative hearing in the above -
stated matter and does stipulate that the facts are as alleged is the assessment document. The
undersigned ffirther understands that all evidence presented in support of remission ofthis civil
penalty must be submitted to the Director of the Division n of rater Quality 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 from the receipt of the notice of assessment,
This the day o _. g 2013
BY
ADDRFSS
TELEPHONE

KSURCATION FOR REMISSION REQU ST
DWQ Case Number: LV-2013-0038
Assessed Party: Carolina Water Serivee, Inc. of NC
County: Mecklenburg
Permit Number: NCO071242
Amount Assessed: $347.44
Please use this form when requesting remission of this civil penalty. You must also complete the
`s aaarst a r raaa sia ra ff rriya r-pjLleigkLLQ. an jdmini strati1vLe Hear' arid _Slip i _yLatiqn acts
forial 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 arnount 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 do rent.
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 Nvliy the
factor applies (attach additional pages as needed).
(a) one or more of the cjyj���ment factors in N.C.G.S. 14313-282-lb) were _ 3B _ —
Argi-igfully a liectto the etrirnent of the taetitioner the assessmentfactors are listed
Tp
in the civil penalty assessment document);
(b) the violatc)rpgngla, br_at-�jnti—un-_envirngergLL&n-&e e=-lt—ing rn the
violation (i.e., explain the steps that yams took to correct the violation andprevent
_future occurrences),-
(c) the violation was inadvertent or a result of an, accident (i.e., explain wkv the violation
was unavoidable or somethingyou could not prevent orprepare.16r),
(d) the violator had not been assessed civil nex alfies for any previous violatiuns,
(e) r the re airrin x necessa re edial
agLion(i.e,, explain how pqyment oj'the civil penalty will prevent you from performing
the activities necessary to achieve vans �pliance).
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER, QLAIITY
ASSESSMENT FACTORS
Violator: Carolina Water Service Inc.. of NC
Facility:= Rivenvinte W')X,'TP
County: I' Lckleaburg—_—
Case Number:
Permit Number: NCO071242
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, the
discharge of fecal coliform in excess of the daily maximum permit limit could cause human health
concerns downstream of the facility. The receiving stream is the Catawba River (Lake Wylie)
classified as Class WS-IV, CA; the plant was discharging 0.03 MGD on both days of violation.
2) The duration and gravity of the violation; The fecal coliform concentrations of 600 CFU/100 mL
and 570 CFU/1 00 mL on October 4th and 11 th respectively exceeded the daily permit limit of 400
CFUIIOO L by 50% and 42,5% respectively. The other two sampling events during October were
compliant.
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown. The best use of the receiving stream (Class WS-IVY CA — source of
drinking, culinary or food processing as well as fish/aquatic life propagation and secondary
recreation) may be altered by the fecal coliform due to possible human health concerns from contact
with water,
4) The cost of recti4,ing the damage; The cost is unknown.
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown.
RUN!
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; There has been one previous
CPA for the Riverpointe WWTP, which was not assessed in the past 12 months.
8) The cost to the State of the enforcement procedures; The cost to the, Division of Water Quality is
$14,44;
Date, Michael L. Parker, Regional Supervisor
Division of Water Quality - Surface Water Protection
Mooresville Regional Office

B' FlM A x O CO,0 3584.
Limit Violation
1
�-yy+.,�pyynr+�. p�,pv},'q pw�y � rt p_
MONITORtfi , OUTFALL I
REPORT PPI LI
10-2 112 001 I
10 -201
00
Effluent ,, DO, Oxygen, Dissolved ,.t 10103/12
eekly
mgA
' Daily Minimum Not Reached
"
- PERMIT: NCO071242
FACILITY- Carolina Water Service Inc of Dearth Carolina -COUNTY:
Methlenburg REGION: Moore
Riverpo me WWTP
Limit
Violation
yy
e
G MONITORING
REPORT
OUTFALL I
PP1
VIOLATION
LOCATION PARAMETER DATE
FREQUENCY
UNIT GF
MEASURE
LIMIT
CALCULATED
VALUE
OVER LIMIT VIOLATION TYPE VIOLATION ACTION
1fl- I11
001
Effluent ollft Feral MF„ M-FG
fly
f110tnl
400
tiit
EtIDaily Maximum Exceeded None 1 1,..'`d
10-2012
001
Effluent Coliform, Fecal MF, M-FC 10111112
mth,44.
Weekly
W100mi
400
570
4Z5 gaily Maximum Exceeded None