NC0065684_Enforcement_20130913

Pat McCrory
Governor
41#
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Section
Thomas A, Reeder John E. Skvaria, III
Director Secretary
September I 3, 2013
CERTIFIED MAIL 7010 0780 0000 5562 1835
RETURN RECEIPT REQUESTED
Mr. Thomas J. Roberts
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, North Carolina 27511
DearRoberts:
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-21.5.1(06) and NPDES Permit No. NC0065684
Country Woods WWTP
Union County
Case No, LV-2013-0167
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$523,91 ($375.00 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 May 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.) 143-215,100) 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, .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_, Suite 301 Mooresville, NO 28115
Phone- [phone] Fax (704.) 683-6040 Customer SaNice 1-877-623-6748
Imemet: fittp(hMorlainggenr.orgfwevwq
NOne
orthCarolina
/lVatilitilly
El'jRS 'Dpf'arti.:r:sqy , Affo-fraive,,,Aninl

375.00
For 1 of the one (1) violation of G.S. 143-215,1(a)(() and
NPDES Permit No, NC0065684, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
375.00 TOTAL CIVIL PENALTY
148.91. Enforcement costs
=52„ 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-282.1(b), which are:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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;
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
'f he amount of money saved by noncompliance;
'Whether the violations were committed willfully or intentionally;
'1 he prior record of the violator in complying or failing to comply with programs over which
the Environniental 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:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of :Fnviromnent and Natural
Resources (do not include waiver fOrtni;( Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payrnent to the attention of:
Point Source Compliance/Enforcement Unit
Division of Water Resources
1.617 Mail Service Center
Raleigh, North Carolina. 27699-1617
OR
2. Submit a written request for reinission including a detailed justification 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 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 iforecloses 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 tactual or
legal issues are i„n 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 he approved, the 'following factors shall be
considered:
(I) whether one or MO re of the civil penalty assessment factors in 143B-2K were
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental do,. iage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an accident,
(4) \Vheth.er 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. information presented in support of your request .For remission must be
submitted in \wiling. The Director of th.e Division of Water Resources will :reviewyour evidence and
inform you of his decision in the matter of your remission request. The response will provide details
regarding case status, directions for paytn.ent, and provision for further appeal of the penalty to the
Environmental Man.agement Commission's Committee on Civil Penalty .Remissions (Committee),
Please be advised that the Committee cannot consider information. that was not partof 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" tbrmwithin thirty (30) days of receipt of this
notice, The Division of 'Water Resources also requests that you complete and submit the enclosed
"Justification for R.ernission Request.," Both forms should he submitted to the following address:
Point Source Complianeetfinforcement Unit
Division of Water Resources
161.7 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative hearng with the Office of Administrative II arings:
If you wish to contest any statement in the attached assessment document you must file a
petition for an ad„ministrafive hearing. You may obtain the petition form from the Office of
Administrative Hearings, You must file the petition with the Office of Administrative Hearings
Wi thin 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 betwee.n the hours of 8:00 am. and 5:00 p.m.,
exceptfor official state holidays., The petition may he 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 A.dministrative Hearings within
seven (7) business days following the faxed or electronic transmission,. You should contact the

Office of Ad.rrziztistrative Hearings vtith all questions regarding tlae tiling fee and/or
tiling process. The mailing address and telephone and fax numbers for the Office o
Hearings are as follows:
Office of Admit
6714 Mail Servic
Raleigh, NC ` ?(i f(
lel: (919) 41-:3(:)0
Fax:: [phone]l00
l copy of th
tition must also be served on L)! NR as follows:
Mir. Lacy Presnell
1)1 NR
# 601 Mail Service
Raleigh, NC 27699-16. .
Counsel
Please indicate the case number lay 1i ztnri on page one of this .letter) on the pet ti n,
:Failure to exercise one of the options above witl in thirty (30) days of receipt o
c°iclenced by an internal dateF'time received stamp (not a postmark), will result in tin
referred to the Attorney: General's Office for collection of the penalty through z civil attic
to details of the
.Administrative
Please be advised that additional penalties
review period of this assessment. If the violations
and/or maintenance problerns,_and you anticipate r
tr:z onsrder applying, for a Special Order by
assessment or a Special Order by t onsent.alease c
Regional Office at x(704)663 -1699.
A't ACIIMI N1
notice, as
r being
ay be assessed :for violaticaras thaat occur after the
continuing. na�.ture ` of telLLated to operation,
r�
eon.struction. act]. ktle thy€ nyou m.ay 'fi r" h
z have any quest icarts ahoizt this civil penalty
the \b arc 'Resource start f the Moores\ il(ek
Parker, Region
Regional Office
Division of Water Resources
cc: Moores ville Regional C ffice (ornlaliance L'ile, v.' a:ttac
Raleigh Cornpliancer'Lnt"oreernent L^' le w.,<<. attachments
Central Files w/ attachments
nil p!n1a
Supervisor
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STATE 131 NORTHllleAROLllNA
C01 N 1 OF t NION
IN lFFIE MATTER OF ASSESSNIENT
(Iir CIVIL PENAI,SFY ACiAINST
AQUA NORTH CAROI,INA, INC
PERMIT NO, NC0065684
DEPARTMENT OIFSENVIRONMENT
AND NATEIRALrRESOLIRCE5
W A 1 V FR OF RRJH 1 f0 AN
ADN4INIS1 RATIVE lEARINCI AND
OF 'SAC IR
E11rEONGe1ls$1-2,013-11167
Having been assessed is penalties totaling $523.91 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated September 13, 2013, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter ,'1.1id does stipulate that the facts are a 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 WZiter Resources ssithin 30 days
of receipt of the notice of assessment,. No new evidence in support of a remission redttest NSill he
allowed after 30 days from the receipt of the notice of assessnient
Ffns the
day of 2013
se_
BY
ADDRESS
llEELEPtIONE

JE STIFICATION FOR REMISSION REQUEST
DWR Case Number: LA1-2013-0167
Assessed Party: Aqua North Carolina, Inc
County: Union.
Permit Number: Nt0065684
Amount Assessed: $523.91
Please use this form when requesting remission of this civil penalty.. You must also complete the
Request T'or RemissionLifaiver of Right to an Administrative .1-fearing., 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 our 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. § 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 docum.ents, as to kylay the
factor applies (attach additional pages as needed).
(a) one or more of the civil penaltiLassessment factors in N.0 S, 14313-2821(1i) were
wrongfully applied to the detriment of the petitioner (the assessment ficrors are listed
in the civil penalty assessment document);
tb) the violator promptly abated continuing environmental damage resulting from the
violation (ie, explain the steps that yOU took to correct the violation and prevent
future occurrences);
the violation was inadvertent or a result of an accident, (i.e„ explain 1,vity the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed eivilpenalties for any previous violations;
(e) aayment of -the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e„ explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION: (use ,additional pages as necessary)

Violator:
Facility:
County:
NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Aaga North Carolina, Inc,
Country Woods WWTP
Union
Case Number: IN-2013-0167
Permit Number: NC0065684
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 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 gravityof the violation;
The ammonia concentration was 1,03 mg/L, 0,43 mg/L, <0,2 mg/L, 0,75 mg/L, and 1.28 mg/L on May
3rd, 9th, 16th, 23rd, and 28th. The five samples resulted in a monthly average ammonia
concentration of 0.7 mg/L. This exceeded the monthly average permit limit of 0.5 mg/L by 39.7%.
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 is treated as an in -stream toxicant
by the State of North Carolina because ammonia is an oxygen -consuming waste and 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 muss& (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.
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 noted in their response to the issued NOV-NRE that a "large amount of
grease entered the WWTP as a result of jetting and cleaning in the associated collection system." In
addition, the WWTP experienced "intermittent blower failure caused by overheating,' Response
notes that Aqua continues to manage the amount of grease by feeding polymer when needed and
that they plan to keep the fiberglass covers for each of the blowers open or off completely to prevent
overheating.

The prior record of the violator in complying or failing to compcomrdy h programsON' er 'hien the
Environmental ana nt Commission has regulatory authority; and
There have been seven previous CPAs for the P with one CPA issued in the past t months,
Case Number
LV-2013-0155
V
Description
for BOCK and amrnon a P neit was paid
The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $148,91,
icha l L. Parkerg Regional Supervisor
Mooresville Regional Office
Division of Water Resources

MONITORING REPORT(MR) VIOLATIONS for
MONITORING OUTFALL !
REPORT PPI LOCATIO
05-2013
PARAMETER
Effluent Nickel, Total (as Ni)
Effluent Nickel, Total (as NI) ,
Report Date: Q807/13 Page: 7 of 7
VIOLATION UNIT OF CALCULATED
DATE FREQUENCY MEASURE LIMIT VALUE`; % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
05/07/13 2 X month
05/31/13 , 2 X month
lbs/day '�tl 36 � D
Ibs1day 0.24'' t
52.76
Daily Max
um Exceeded None
25 Monthly Average Exceeded None
PERMIT: NC0065684
FACILITY: Aqua North Carolina Inc - Country Wood WWTP COUNTY: Union
REGION: Mooresville
Limit Violation
ONITORING OUTFALL /
REPORT PPt LOCATtON
05,-2013 001 Effluent
PERMIT: NC0085812
PARAMETER.
Nitro en, Ammonia Total (as
N) -Concentration
VIOLATION UNIT OF CALCULATED
DATE FRECUENCY MEASURE LIMIT VALUE % OVER LIMIT VIOLATION TYPE VIOLATION ACTION
05/31/13 Weekly rng/I 0.5'..°`" 0,7 39.6 Monthly Average Exceeded None
(,..,t.,L. ti_t '")
FACILITY: Union County Public Works - Grassy Branch WWTP COUNTY: Union
` Lirrtit Vio14t•ion
MONtTORING OUTFALLj
REPORT PPI
05-2013 001
VIOLATION
LOCATION PARAMETER ` DATE
Effluent Conform, Fecal ' F " FC /04/13
Broth,44.5C
FREQUENCY
UNIT OF
MEASURE
#/100m1
REGION: Mooresville
CALCULATED
LIMIT VALUE % OVER LIMIT
40© 600
VIOLATION TYPE
Weekly Geometnc Mean
Exceeded
VIOLATION ACTION 't
None