NC0065684_Enforcement_20130809

Pat McCrory
Governor
IWDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
August 9, 2013
CERTIFIED MAIL 7010 0780 0000 5562 1965
RETURN RECEIPT REQUESTED
Mr. Thomas J. Roberts
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, North Carolina 27511
SUBJECT:
Dear Mr. Roberts:
John E. Skvarla, III
Secretary
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(0(6) and NPDES Permit No. NC0065684.
Country Woods WWI?
Union County
Case No..LV-2013-0155
This letter transmits a Notice of Violation and assessment ofcivil penalty in the amount of
$773,91 ($625.00 civil penalty $148..91 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 April 2013..This review has shown the subject facility to be in violation
of the discharge limitations found in NPDES Permit No. NC0065684. The violations are summarized
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. NC0065684 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 maximums 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, I, Michael L. Parker, Regional Supervisor .for the Mooresville
Region,hereby make the following civil penalty assessment against Aqua North Carolina, Inc.:
Mooresville RegioneJ Office
Location: 610 East Center Ave,: Suite 301 Mooresville, Nc 28115
Phone, [phone] Fax: [phone] Customer Siervice"1-877-623-6748
Internet httpiiiportal.ncden,orgfavehlwq
One
NorthCaro ina
Nahia4(
An Equal Opportunity Affirmalionn 4-ctkin Eropioyer PecynionlOICYny Pust Consumer paper

0.00
250. 0
For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0065684, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent. limit for biological oxygen demand (1.30D).,
For 1 of the one (1) violation of G.S. 143-21.5.1(a)(6) and
NPDES Permit No, NC0065684, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent lirnit for ammonia.
375.00 For 1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0065684, by discharging waste into the
waters of the State in violation of the permit monthlyaverage
effluent limit for ammonia.
$ 625.00 TOTAL CIVIL PENALTY
$ 148.91. Enforcement costs
$ 773.91 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 ofFact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The degree and extent of hann to the natural resources of the State, to the public health, or to
private property resulting from th.e violations;
The duration and gravity of the violations;
The effect on ground or surface water quantity or quality or on air quality,
The cost of rectifying the damage;
The amount of money saved by .noncompliance,
Whether the violations were committed willfully or intentionally:,
The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Commission has regulatory authority; and
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 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:
Point Source Compliance/Enforcement Urii
Division of Water Resources
161.7 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 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 mustbe
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 listed
below. In determining whether a remission. request will be approved, the following factors shall he
considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 14313-282,1(b) were
‘vrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing enviromnental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result ofan accident;
(4) whether the violator had been assessed civil penalties for anyprevious violations; 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 mustbe
submitted in wTiting. 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 (Comniittee).
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 (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:
Point Source CompliancelEnforcementiljnit
Division of Water Resources
161.7 Mail Service Center
Raleigh, North Carolina 27699-161.7
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 .Administrative
Hearings accepts filings Monday through Friday betweenthe 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 andlor the details of the
tiling process. The mailing address and telephone and fax numbers for the Office of A.dministrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax. (919) .431. -3100
One (1.) copy of the petition must also be served on DENR as fo11o.
Mr. Lacy Presnell, General Counsel
DE2NR
1 60 I Mail Service Center
Raleigh, NC 27699-1601
Please indicate the case number (as found on page one of this etier) on the petition.
Failure to exercise one of the options above within thirty (.30) clays of receipt of this notice, as
evidenced by an internal dateltime 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 he assessed for violations that occur after the
review period of this assessment, ff the violations are of a continuing nature, not related ;to operation
and/or maintenance problems, and you anticipilte remedial construction activities, theniou may wish
to consider applying for a Special Order Consent. If you .have any questions gout this civil penalty
assessment or a Special Order by Consent,please contact the Water Resources staff of the Mooresville
Regional Office at (704) 663-1.699.
Michael L. Parker, Regional S'upervts „
.Mooresville Regional Office
Division of 'Water Resources

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STATE Ol9" N R.ILI CAROLINA
COL, 1 Y OF 1.JN1ION
IN 'THE \IATTER. OF ASS7SS.MEN-1"
OF CIVIL PFN AI ,1 Y ACiAINSMI_.
AQUA NOW1`I-I CAR.OLINA, INC,
PI RMI'1 N() NC00656£ 4
DEPAR71' eIEN`." OF ENVIRON. 3N'T
AND NATURAL RE:SOC.:RCI S
IVAIVFT ()I RIOI1`I' TO AN
ADMINISTR.A'"I.IVI:°, IIF= RIf�C.I
STIPULATION OF I ACTS
NO 1 V-2O13-I)155
Having been assessed civil penalties totaling $773.91 for violation s) as set fi rth in the
assessment document of the I:)iv].;;itrn of Water Resources dated August 9, 2013, the undersigned,
desiring to seek remission of the civil penalties, does hereby wai the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment
document. "I"he undersigned further understands that all evidence presented in support of remission of
this civil penalty rust 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 () days from the receipt of the notice of assessment.
he
day
ADDRESS
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,.LPHONI
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20 33

JUSTWICATJON FOR RFUSSION REOI EST
DWR Case Number: IN-2011,0155
Assessed Party: Aqua North Carolina., Inc,
County: Union
Permit Number: NC0065684
Amount Assessed: $77191.
Please use this form when requesting .remission of this civil penalty. You must also complete the
"fle_gitest, .Far Remission, Waiver ofRight to an Administrative Hearint_and Stiodation 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 N.C.G.S. § 14313-282.1(e), remission of a civil penalty may be granted only when one or
more of the following live t.actors applies. Please check each factor that you believe applies to your
case and provide a derailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
a one or more of the civil_pena ty assessment factors in !(1S, 1431.3- 2.1Lbi were
wrongfully applied to the detriment of thepetitioner (the assessment factors arc listed
in the civil penalty assessment document);
the violator promptly abated continuing environmental damage resultingfrom the
v' anon (i.e., explain the steps that yout took to correct the violation and prevent
re occurrefrices);
c) the violation was inadvertent or a resultof an accident. (i„e,,, explain why the violation
was unavoidable (..)r something you could not prevent or prepare tor);
(d) the violator had not been assessed eivil_penalties for any previous violations;
(e) payment of the civil penalty will preventpayment tbr the remaining necessary remedial
actions (te,, explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION: (use additiona1 pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: Aqa North Carolina, Inc.
Facility: Country Woods WW1 P
County: Union
Case Number: IN-2013-0155
Permit Number: NC0065684
I) 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 BOD and ammonia in excess of the
permit limits could cause a decrease in the instream dissolved oxygen concentration downstream of
the facility. in addition, the discharge of elevated concentrations of ammonia can provide toxic to
aquatic organisms including the Carolina heelsplitter, The receiving stream is Goose Creek, class C
waters, in the Yadkin Pee -Dee River basin, home of the federally endangered Carolina heelsplitter.
Under the water quality management plan for the Goose Creek watershed lowered ammonia
discharge limits were instituted for all WWTPs with direct discharges to surface waters.
2) The duration and gravity of the violation;
The BOD concentration on April 23, 2013, was 15.3 mg/L compared with the daily maximum permit
limit of 15,0 mg/L (exceeded by 2,0%), The ammonia concentration was 4.85 mg/L, 1.66 mg/L, 1.22
mg/L, and 0,91 mg/L on April 3rd, 10th, 16th, and 23rd, The April 3rd sample exceeded the daily
maximum permit limit of 2.9 mg/L by 67 2%, whereas, the four samples resulted in a monthly average
ammonia concentration of 2.16 mg/L. This exceeded the monthly average permit limit of 0.5 mg/L by
332%.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown, Ammonia -nitrogen and BOD are treated as in -stream
toxicants by the State of North Carolina. Ammonia and BOD are oxygen -consuming wastes and
therefore increased concentrations could reduce the amount of oxygen available to aquatic
organisms, In addition, elevated ammonia concentrations are toxic to freshwater mussels and the
receiving stream is home to a federally endangered mussel (Carolina heelsplitter).
4) The cost of rectifying the damage;
The cost is unknown,
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance is unknown, Permittee notes issues with air delivery
(diffusers) and also recurrent belt failures on blower,
6) Whether the violation was committed willfully or intentionally;
The Division of Water Resources has no evidence that the violations were committed willfully or
intentionally. Permittee notes they are working on issues with air delivery system at the VVWTP and
will be pursuing telemetry to better regulate air levels.

The prior record of the iota t r in complying o° fail ng to o p h progra s o r which the
Environmental ronnrental Management ernent Commission has regulatory authority; and
There have been six previous CPAs for the "TP with no CPAs issued in the past "I months,
The cost to the State of the enforce entprocedures.
The cost to the IDivision of Water Resources is $148,9t
hael L. Parker, Regional Supervisor
MooresvilleRegional Office
Division of Water Resources

MONITORING REPORT(MR) VIO
PERMIT: NC0065684 FACILITY: Aqua North Carolina Inc - Country Wood WWTP
im(t Violati
t
COUNTY: Union
MONITORING OUTFALL / VIOLATION UNIT OF
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE
04 -2013 001 Effluent BOD„ 5-Day (20 Dee, C) - 04/23/13 Weekly mgil
Concentration
04 -2013 001 Effluent Nitrogen, Ammonia Total (as 04/03/13 Weekly mg/I
N) - Concentration
04 -2013 001 Effluent Nitrogen, Ammonia Total (as 04/30/13 Weekly mg/I
N) - Concentration
REGION: Mooresville
LIMIT CALCULATED
VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
15 15 3 2 Daily Maximum Exceeded None
2 9 4.85 67,24 Daily Maximum Exceeded None
0,5 2.16 332 Monthly Average Exceeded None
PERMIT: NC0069841
FACILITY: Union County Public Works - Crooked Creek WWTP #2 COUNTY: Union
ION: Mooresville.t
Limit Violation
MONITORING OUTF4L/
REPORT PPt, LOCATION PARAMETER
04-2013 001 Effluent pH
VJOLATION
DATE
04/2'6/13
UT OF
FREQUENCY MEASURE
3 X week su
LIMIT
6
CALCULATED
VALUE %.0vER u
1,1 81,6,7'
T VIOLATION: TYPE VIOLATION ACTION
„ .
Daily Minimum Not Reached Non)).