NC0065684_Enforcement_20131014

North Carolina Department of Environment and Natural Resources
Division of Water Resources
NCDENR
AY
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
October 14, 2013
CERTIFIED MAIL 7010 0780 0000 5519 0027
RETURN RECEIPT REQUESTED
Mr. Thomas J. Roberts
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, North Carolina 27511
SUBJECT:
Dear Mr. Roberts:
Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute.
143-215.1(a)(6) and NPDES Permit No, NC0065684
Country Woods WWTP
Union County
Case -No. 1V-2013-0186
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
S648.91 (S500.00 civil penalty -4- $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 June 2013, This review has shown the subject :facility to he 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 Environm.ent.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 Regional Office
Locatiort 610 East Center Ave,: Sine 301 Mouresvllle, NC 28115
Pfxme: (704) 663.-1699 1 Fax [phone] ',Customer Service: 1-877-623-6748
intern -al Ottpiripurtal.ncdenr orgiweblvvo
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NorthCarollna
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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 must be
accompanied bya 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 be
considered:
(1) whether one or more of the civil penalty assessment factors in 143B-282..1(h) 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) 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 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 (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 (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 Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
File a petition for an administrative hearing with the Office of Administrative Hearings:

ATTACHMENTS
c; Mooresville Regional Office Compliance File wl attachments
Raleigh Compliance/Enforcement File wl attachments
Central Files wi attachments
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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF ITNION
IN THE MA ITER 01ASSESSEMENT ) WAIVER OF R. li TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE ElEARIN( ANT)
AQUA NORTH CAROLINA, INC. STIPULATION OF FACTS
.NO, '.Ne0065684
1311 E.NO..1 NE3201.3-0186
Having been assessed civil penalties totaling $640.91 :for violation(s) as set forth in the
assessment document of the DiViSiOrl of Water Resources dated October 14, 2013, the undersigned,
desiring to seek remission of the civil penalties, do 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 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
davof 2013
ADDRESS
BY
TELEPHONE

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator:
Facility:
County:
Case Number:
Aqua North Carolina Inc.
Country IA,Toods WWTP
Union
UV-2013-0186
Permit Number: NC0065684
I) The degree and extent of harm to the natural resources of the State, 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. This is especially true if the plant is discharging
above the permitted volume because the stream has not been modeled to provide assimilation at
these concentrations (most likely permit limits would be reduced at higher discharge volumes). 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 WVVTPs with direct
discharges to surface waters.
2) The duration and gravity of the violation;
The BOD concentration was 18.5 mg/L on June 6, 2013 causing a daily maximum permit limit
violation (23,3% over limit of 15,0 mg/L), All three other BOD sampling events during June 2013
were compliant as was the monthly average, The ammonia concentration was <02 mg/L, 0,29 mg/L,
0,92mg/L, and 1,94 mg/L on June 6th, 13th, 20th, and 26th, The four samples resulted in a monthly
average ammonia concentration of 0,8 mg/L. This exceeded the monthly average permit limit of 0.5
mg/L by 57,5%, The monthly average flow was 0.588 MGD exceeded the permit limit of 0.350 MGD
by 67,9°/0.
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 because they are oxygen -consuming wastes and increased
concentrations could reduce the amount of oxygen available to aquatic organisms. This is especially
true at higher flow levels 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
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 the ammonia violations
were "due to problems associated with clogged diffusers in train #7 of the upper plant. The clogged
diffusers have been replaced and the operator of the plant has been making adjustments to the
valves that regulate the flow to each diffuser. Since this is a sensitive process, the operator of the
plant is making these fine adjustments slowly to each of the aeration basins." In addition, the
extremely large amount of flow that came through the plant in June was related to heavy rainfall and
influent (sic) and infiltration 1/1), Over the last three months, Aqua has been investigating the
source(s) of the I/1 by smoke testing the Crismark section of the Country Woods East Collection
system. To date Aqua has found and repaired 35 broken service laterals and cleanouts. We plan to
continue our efforts with smoke testing this section and anticipate completing this along with any
necessary repairs by the end of the year."
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
There have been eight previous CPAs for the VVVVTP with two CPAs issued in the past 12 months.
Case Number Description
LV-2013-0167 $523.91 LV for ammonia PenaltyPenaLtywas paid in fulL
LV-2013-0155 $773,91 LV for BOD and ammonia. Penattywas paid in full,
8) The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $148,91.
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Division of Water Resources

MONITORING REPORT(MR) VIOLATIONS for:
PERMIT: NC0078361 FACILITY: Salisbury -Rowan Utilities - Second Creek WWTP
Limit
MONITORING OUTFALL
REPORT PPI LOCATION
06,-2013 001 Effluent
06 -2013 001 Effluerit
PARAMETER
VIOLATION UNIT OF,
DATE
FREQUENCY MEASURE Limn-
Sotids, Total Suspended - 06/22/13 Weekly mg/I 45
Concentration
Solids, Total Suspended -
Concentration
06/30/13 Weekly mg/I 30
Report Dale. 09/03/13 Page: 5 of
COUNTY: Rowan REGION; Mooresville
CALCULATED
VALUE % OVER LIMIT
47.65 5.89.
32..12
7,06
VIOLATION TYPE
Weekly Average Exceeded
Monthly Average Exceeded
VIOLATkIN ACTION
None
Nonel
PERMIT: NC0074756
FACILITY: Greater Badin Water & Sewer District - Badin WWTP
COUNTr. Stanly REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
VIOLATION UNIT OF CALCULATE6,
REPORT PPI LOCATION pAWMETER
DATE FREQUENCY MEASURE LIMIT
VALUE VIOLATION ACTION
6% OVER LIMIT VIOLATION TYPE
06 -2013 001 Effluent Flow, In conduitr,Or thru 06/30/13 Continuous igd 0 55 0816 467 Monthly Average Exceeded None \
.
treatment plant
PERMIT: NC0065684 FACILITY: Aqua North Carolina Inc - Country Wood WWTP
COUNTY: Union REGION: Mooresville
Limit Violati
MONITORING OUTFALL / VIOLATION UNIT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE o/ii OVER LIMIT VIOLATION TYRE VIOLATION ACTION
06 -2013 001 Effluent BOD, 5-Day (20 Deg. C) - 06/06/13 Weekly mg/I 15 N 18 5 - 23.33 Daily Maximum Exceeded None l't,,,
Concentration
06 -2013 001 Effluent Flow„ in conduit or thru 06/30/13 Continuous rngd 0 35 0 58867.9 Monthly Average Exceeded None
treatment plant
06 -2013 001 Effluent Nitrogen, Ammonia Total (as 06/30/13 Weekly 0,79 57,5 Monthly Average Exceeded None
N) - Concentration