NC0035041_Enforcement_20161208

February 02, 2017
Mr, Matthew Klein
Carolina Water Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224
ROY COOPER
Covernor
MICHAEL S. REGAN
St artafy
S. JAY ZIMMERMAN
',A
Subject: Payment Acknowledgement
Hemby Acres WWTP
Permit NC0035041
Case No. LV-2016-0245
County Union
Dear Mr, Klein:
This letter is to acknowledge receipt of payment in the amount of $451.34 received from you on
01/11/2017. This payment satisfies in .full the above civil assessment (s) levied against the subject facility,
and this case has been closed, Payment of this penalty in no way precludes future action by this Division for
additional violations of the applicable Statues, Regulations, or Permits,
If you have any questions, please contact Wren Thedford at 919-807-6397.
Sincerely,
1�IY�
Wren Thedford
cc: Central Files
NPDES
Mooresville Regional Office
State of North. Car catitta # Environm n1a1 Quality; Water Re ources
610 East Center Avenue, Suite col, oats le. NC 28115
704-663-16

Certified Mail # 7015 1520 0002 6878 2196
Return Receipt Requ d
December 08, 2016
Martin J. Lashua
Carolina Water Service Inc. of North Carolina
PO Box 240908
Charlotte, NC 28224-0908
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NC0035041
Carolina Water Service Inc. of North Carolina
Hemby Acres WWTP
Case No, LV-2016-0245
Union County
Dear Mr. Lashua:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $451.34 ($350.00 civil penalty +
$101.34 enforcement costs) against Carolina Water Service Inc. of North Carolina.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Carolina Water Service Inc. of North Carolina for the month of June 2016. This review has shown the subject
facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No.
NC0035041. The violations, which occurred in June 2016, are surnmarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Carolina Water Service Inc. of North Carolina violated the
terms, conditions or requirements of NPDES WW Permit No. NC0035041 and G.S. 143-215 1(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(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 Environmental Quality and the Director of the Division of Water Resources, I, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Carolina
Water Service Inc. of North Carolina:
State of North CarolinalEnironmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0035041, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for BOB - Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0035041, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOP - Conc.
$350.00 TOTAL CIVIL PENALTY
$101.34 Enforcement Costs
$451.34 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282.1(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 programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further 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

Pir Option 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 request must be accompanied by a waiver of your right to an 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 Water 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 143B-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 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 the 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 infoiniation 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 "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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition foran 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 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 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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
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 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 review period of this assessment.
If you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTWICATIONFOR REMISSION REQUEST
Case Number: LV-2016-0245
Assessed Party: Carolina Water Service Inc. of North Carolina
Permit No.: NCNB 504 1
County: Union
Amount Assessed: $45134
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, and 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. Pursuantto 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 apply. 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 ofthe civil penalty assessment factors in N.C.G.S, 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (Le., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(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 .e., explain
how payment of the civil penalty will prevent you frorn performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE ;MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Carolina Water Service Inc. of North Carolina
Herlihy Acres WWTP
PERMIT NO, NC0035041
DEPARTMENT OF ENVIRONi 9 'NTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0245
Having been assessed civil penalties totaling $451 34 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 08, 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 remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (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 of ... 20
ADDRESS
SIGNATURE
ELEPHONE

PERMIT: NC0035041
FACILITY: Hemby Acres WWTP
ATTACHMENT A
Carolina Water Service Inc. of North Carolina
CASE NUMBER: LV-2016-0245
REGION: Mooresville
COUNTY: Union
VIOLATIONS)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date Month/Yr.
Parameter
Frequency
Unit of Limit Calculated % Over Violation
Measure Value Value
Limit Type
Penalty
Amount
6/29/2016 6-2016
BOD, 5-Day (20 De
C) - Concentration
9
Weekly mg/I 13.50 24 77.8 Daily Maximum
Exceeded
$100.©0
0/2016 6-2016 BOD, 5-Day (20 Deg, Weekly mg/l
C) - Concentration
13.50 50.2 Monthly
Average
Exceeded
$250.©0

17-5b
:Exceeding Crite
McKee Creek
7-8-4
;Exceeding Criteria
orth Fork Crooked Creek
-17-20-1
Reedy Creek
1�-17-8a
Exceeding Criteria
C
From source to Reedy Creek
C
From source to Crooked Creek
C
From source to McKee Creek
4.6 FW Miles
6.9 FW Miles
12.0 FW Miles
8.1 FW Miles
0`i6
r n r M.. rnn 4, ,n+ 1
PAPP 1 qc of 709

November 11, 2016
W. Corey Basinger,
Regional Supervisor
Water Quality Regional Operations Section
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: Notice of Violation & Intent to Assess Civil Penalty
Tracking Number: NOV-2016-LV-0597
Permit No, NCO03541
Hem by Acres
Union County
Dear Mr, Basinger,
We are in receipt of the above mentioned Notice of Violation and respond in kind:
We have reviewed our sampling practices/procedures and found the composite sampler suction tubing had a dip
where it went through a portion of the wall We feel this may have contributed to the higher than normal BOD spike
because it allowed a portion of the effluent to remain in the sampling hose and would not allow it to drain. Alterations
were made that would allow proper drainage and the sampling hose was replaced. Subsequent samples have shown
full compliance with the NPDES permitted limits.
The staff of CWSNC takes great pride in the compliance and is committed to the environmental stewardship of our
facility. Please accept this letter as demonstration of our continued efforts to insure compliance,
If you have any questions or if I can provide any additional information, please do not hesitate to contact me at 704-
319-0516. Thank you for your attention.
Mark Haver
Area Manager
a Utitts, Inc alilf;ony Carolina Water Service, Inc, of North Carolina
P.O. Box 240908 Charlotte, NC 28224 P: 704-525-7990 F: 704-525-8174
5701 Westpark Dr,, Suite 101 a Charlotte, NC 28217 g wm.uiwater,corn

ail # 7015 1520 0002 6878 2141
ipt Requested
November 1, 2016
Martin J. Lashua
Carolina Water Service Inc. of North Carolina
PO Box 240908
Charlotte, NC 28224-0908
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0597
Permit No. NC0035041
Hemby Acres WWTP
Union County
Dear Mr. Lashua:
A review of the June 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
LimitExceedance Vioi tion(s);
Sample
Location Parameter
Limit. Reported
Date Value Value Type of Violation
001 Effluent
001 Effluent
BOD, 5-Day (20 Deg. C)
Concentration (C0310)
6/29/2016 13.5 24 Daily Maximum Exceeded
BOD, 5-Day (20 Deg. C) 6/30/2016 9 13.52 Monthly Average Exceeded
Concentration (C0310)
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
State of North Carolina p Environmental Quality j Resourc
610 East Center Avenue, Suite 301, Moo tt sville, N 28115

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s), You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally, if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wq/admin/bogiipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto ScheUer of
the Mooresville Regional Office at 704-663-1699.
Sincer
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina l Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115

Facility:
Parameter
Permit No.:
DMR Review Record
N \ Pipe No.:
anthly Average Violations
MonthfYear:
Permit Limit DMR Value % Over Limit
Weekly/Daily Violations
it Type DMR Value % Over Limit
Action
Action
Monitoring Frequency Violations
Date Parameter Permit Frequency Values Reported # of Violations Action
©therViolations/Staff Rema
Completed by:
Assistant Regional
Supervisor Sign Off:
Date:
Date:
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date:
DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Carolina Water Service Inc. of North Carolina
Facility Name: Hembv Acres WWTP
Permit Number: NC0035041
County: Union
Case Number: LV-2016-0245
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;`i
NI -F3 taw
2) The duration and gravity of the violation;
nb' c
3) The effect on ground or surface water quantity or quality or on air quality;
rA C
NO( (.104, / w� of (c.
4) The cost of rectifying the damage;
rr tivci v,
5) The amount of money saved by nonco
v1 [� a .-
ance;
6) Whether the violation was committed willfully o
e
nally;
k2
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority found the following violations during a 12 month
review period (June 2015 to May 2016):
03/2016 — Daily Geo Mean Fecal Colifarm — NOV-2016 — LV- 0408
8) The cost to the State of the enforce procedures.
Enforcement Cost:
1 hour staff time...
.$ 33.78
1 hour supervisor time ..........................................$ 52.56
Administrative staff cost .......................................$ 15.00
Total Enforcement Cost $ 101.34
Date
a_W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ