NC0060755_Regional Office Historical File Pre 2018 (4)

ROY COOPER
MICHAEL S. REGAN
1ectrtorr
S. DANIEL SMITH
Cert. flhed 'Vial! # 7018--0002-209944153
Return Receipt Requested
li
4944 Parkwaty' P'1z 11
Charlotte. N
sI.;13I[CT:
NORTH CvAROLINA
Environmental Quality
tictiac salViolation and Assessment of Civil Penalty
%or 'itria tiorrs of North Carolina general Statute (G.S.) 343-2.1 .10yitil
and NPL)ES WW Permit No.''+C0060755
Carolina 'Water Service Inc of North Carolina
Saddiewood WWTP
Case No. 1_`•'-2020-0186
Ci a tcsrr Count
Mr. Mendenhall:
This le
`ti% 12.70 enf[
i tas a
2.7t
This asses stst rut is based upon the itriitats ins facts: a review has been conducted ot'the Discharge 1
R.) sc_
he sub'
letter.
Based upon the xai.:
e.xter
may assa
143-215.10
,ice Inc. of North Carolina for the month ot'.I trruatu 2020. This re
limitations and/or monitor'
of law that CaaroIfit
wonditions or requirements of"NPDES'til.' l'e.rtrrit No. NC00607
N. In accordance vvitlt the rrttrx.imunts cstabiishcd 1y G.S
crsoru \vho cioia to the terrtus. ctaraditions or req
Repo rt

Based upon the above findings of -fact and conclusions of law., a.nd. in accordance with authority provided by the
Secretary of the 'Department of Environmental Quality and the Director of the Division of Water Resources,l, Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make .the following, civil penalty assessment against
Carolina Water Service Inc of North Carolina;
S.250..00
1 of 1 violations of G.S. 143-215,100) and Permit No. NC0060755., by discharging waste water
into the Waters of the State in violation of the Permit. Monthly Avera.ge for Nitrogen, .Ammonia
'Total (as N) - Concentration
$250.00 TOTAL CIVIL PENALTY
S I 12.70 Enforcement Costs
$362„70 TOTAL AMOUNT DUE
Pursuant to (.S. 141-215,6.Atc)„ 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.. 14313-282.1(lb), which. are:
(1) The degree and extent of harrn 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) 'I -he 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
M.anagement (7..ortiTtlssion 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 he made directl.—to tle order of the Department of Environmental Quality (do not. include waiver
formf Payment of the penalty s 111 not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of;
'Wa.stewater Branch.
Division of Water Resources
16)7 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please, be awinie that a request for remission is limited to consideration of the five factors listed below as they may
relate to the tietsortableness of the till of the civil penalty assessed, Requesting remission is not the proper
procedure for contesting whether the violationis) occurred or the accuracy of any oldie factual statements contained in
the civil penalty assessiment t,loettinent, llecause a remission request forecloses the option of ;in administrative hearing„
such a request must he iicticoompanted by a. 'AililVer of your right to an ',itintinistrative hearing and a stipulation and
agreement that no factual or legal issues ine in. dispute, Please prepare a detailed statement that establishes why you
believe the civil penalty should he remitted, and submit it to the Division or Water Resources at the address listed below,
In determining, whether i remission request will be approved, the following factors shall he cotisidered:
r I) whether one or more or the 1 penalty .issessment Itictors in N(..7(iiti 1si3E3-2S2„ tit)) kkaS w;rongfhily
applied to the detriment of the petitioner,
t21 Whether the violator promptly abated continuing environmental damage resulting iron •11- violation;
(3) whether the violation was inadvertent or as result of an accident;
(41 whether the violator had been assessed civil penalties for any previous violations; or
(P) whether payment of the civil penalty vvill prevent payment for the remaining .necessary remedial actions,
Please note that ail ev idence presented in .support of your request for retnission must be :submitted in writing. The
Director °tithe 1„.)iv ision or Water Resource.s will review your evidence and inforrn u ot ho decision in the inal ter of
our remission retries', Ile response will provide details regitrding the case slaws, directiiins for pay Merit, alll
provision for further iippetal of the penalty 1 the Finvironmental Management Commissions Committee on Civil Penalty
Remissions (( limittee), Please be ildvised that the Cormnittee cannot consider information that was not part of the
original remission request considered by the i)irector, Therefore, it jti very important that you prepare as complete aiid
ilairough statement in support of our request 01 remission,
In order to request remission., you must complete tit submit the enclosed -Rerivlest for Remission of Civil Penalties,.
Wiiiiver of Right to an A dannistrative Fkarktg, and Stipulation of Facts- loran within thirty (3litt days of receipt of this
notice, The Division of \Viiter Resources ;ills() requests thao. vou complete and submit, the enclosed “„itistification for
moth forms should be submitted to the following address:
1Virstewiiiter Branch.
Division (.4-Water Resources
I 6 I 7 Mail Service Center
Raleigh, North Carolina 2.7699-16 7

Option 3: File a peition for an adniintratise hearing wth thc (Alice uf Administrative lien
ir you wish to contest any stannTient Ifl .ne attached russessment document yOu mu d tile a netil ion for an administrative
hearing, You may obtain the petition form from the Office of ,Administrittive Hearings, N'on must tile 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 Adtiiinistrative Hearings during normal office hours, ”lhe (1.)ltice of Administriitive
ltearings accepts filings Monday through Friday between the hours 8if,)0 a.m. and 5:00 pan:, except: for official state
holidays. -rho iletit ion inay be tiled N 0Ci11iIC Hi ax) or electronic mail by. an attached lite (with restriction) - provided
the signed original, one ( copy and i tiling fee (if a :filing lee is required by NCGS §1,5013-23,2) is received. in the
Office of :Administrative1 leari ngs within seven (7) business days olho the ftixed or electronic transmission. Yoir_
should conictct die Office of „Administrative Hearings with .al 1 _questions regarding theflhn ce andt'or the details of the
ng process,
file mailing address (And telephone t ett t, the Office of ,Ad tinistrcitive Hearings are as follows:
6714 Mail Service Center
Raleigh, INC, 27699 6711
(1,)19) 431-3000
Fax: [phone]
()Ile Cdpv 'the 'entoon must also be served on Di-,-„Q as tbllows:
Mr. William 1 1 an. (inn Counsel
l...kparlment01 EnVirOiliTiental
1001 Mail Service Center
Raleigh. North Carolina 2.7699-i00
PleaSU indiUUC lc nuniber aS tAM: onpage one of .hi s the petition,
Failure to exercise one of the options above within thirty t.,30i clays of receipt of tins letter, its evidenced by an internal
received stiiinp (not a pOStmark), result: in this Matter hei rig relerred to the Attorney General's Office for
collection of the penalty through a civil iiction. ['lease be advised that additional penalties inay assessed for violations
that oCiCur after the review period of this assessment,
11 you have any questions. please contact Ori1 ii th the Division (itWater Resiiiirces staff or the Mooresville Regional
(iffice 0( 704 t. 663-1699 or via email al oriativitigniicdenrarov.
Sincerely,
DocuSigned by:
A14CC681AF27425„,
IV, Corey Basiner, Regional. Supervisor
Water Quality Regional Operations Section
Mooresville T4regional °nice
Division of Winer Resources, NCDE.Q
AT 1 A HATENTS
(„"c: VCQS \huu lIe Regional Office [in tbritenient (Fite
PDES Compliancefinforceinent 1 - Eillorrernent File

IUS'fiFICAT N F'OR REMSION REQUEST
Case Number: LV-2020- )186
Assessed Party: Carolina Water Service Inc of North GArolina
Permit No:: NC00607.55
County: Ciaston
Amount Assessed: $1,362,70,
Please use this Corm when requesting remission of this civil penalty, You must also complete the ',Request For Remission,
Wilivsm of Right to an Administrative [leiring, anti Stipulation off -acts" tbrin to request remission of this civil penalty,
You should attach any documents that you helieve 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 violationts) occurred or the accuracy of any of the Factual
statements contained in the civil penalty assessment document. Pursuant to § 4311-282,1(ct.remission of a civil
penalty mav be granted only when one or more of the followiniL five factors apply, Please c'heck each factor that you
believe applies to your cztse and provide a detailed. explanation, including copies of supporting-, documents, a.s: to why the
factor applies (,,:tttach additional pages as needed,
(at one or more of the civil perillty 'assessment factors in N.C.,G.S, 14,3E3-2.82.1(h) W ere wrongfullyapplied to the
detriment or the petitioner (the ,L,,,,,,sessmentfi:...ictops are listed in the civil penaTh,, assessment tUtchittentr,
th'i the violator promptly abated continuing enviromitental (lartiac resulting from the violation , explain the
steps that you took to correct the vioitthon oiJ occurrences):
(c) the violation was inadvertent or a result of an accident explain whoy the viointioo was unavoidaNe or
something you eould not prevent or prepare tem):
(d) the siolLhior had not been assessed ci‘d penalties for any previous vio ations;
(e) payment of the civil pemiltv: %NM prevent paynlent for the remaining necessary remedial actions fi , explain
holy t,-,,,,,-oitnent of the civil penalty will preVeH/ perkr,rming the ciouvities necess drat I() ciChicl.,,e.
EXPLANATION:

na
nal
'r Resour es
rraen!.
STRATI ARING .AND
ray i r' Resour`es g.
err support'

PERMIT: NC0060755
FACILITY: Saddlewood
SIT `I Tl it )
ATTACHMENT
Cad) Water Service Inc of No h Carolina
CASE :LV-2020-0186
SAMPLE LOCATION: t u ' It 901 ,E u nt
Violation Report
Date nth/Y'r Parameter
Unit of
Frequency Measure,
REGION:rill
COUNTY: Gaston
Llanit calculated Re Oyer
Value Value
Violation Penalty
Type Amount
t it agar m iv5ieekiy m`i 4 6 02 50.d i 1t r tidy 50 (a'?
Total +,as N Avrapa
Concentration ExitWaded

ROY COOPER
MICHAEL S. REGAN
S. DANIEL SMITH
flak, to,
Certified Mail # 7018-0360-0002-2099-8153
Return Receipt Requested
J .Bryce °ieaadenhall
Carolina Water Service Inc of North Carol;
4944 Parkway Piz Blvd Ste 375
Charlotte, NC 28217
SUBJECT: Notice of violation and Assessment t
fc'r Matioris of North Carolina General Statute (G.S.f 132
and NPDES WW Permit No. NC0060755
Carolina Water Service Inc nt North Carolina
Saddiewood 1V VVT"P
C:ca e No. IN-2020-0186
Gaston County
NORTH CAROLINA
Environmental Quality
,July 21, 2020
•udenhal 1 w
This fetter transmits <t Notice of Violation and assessment of cis=•il penalty in the amount of $362.70 S250.t3t1 cir it penalty
4- $1 12.70 enforcement costs) a artist C:'arolina Water Service Inc of North Carolina,
This assessment is based upon the foliowing facts: a review has been ducted of the Discharge Monitoring Report
(DMR) subtnitted by Carolina Water Service Inc of North C`ar'ol na for the nionth of ianriary 2020, This rep ie r loos
shown the subject facility to be in violation of the discharge limitations andlor monitoring requirements found in NPDES
WW Permit No. NC0060755. The violations, which occurred in January 2020, are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of la v fihat Carolina Water Service Inc of North Carolina violated the
terms, conditions or requirements of NPDES WW Permit No. NC0060755 and G.S. 143-215.1(a)(6) in the manner and
extent shown in Attachment A. In accordance '<vith the maximums established by G.S. 143-215.6A(a)(2), a civil penalty
niav be assessed against any person who violates the terms, conditions or requirements ofa permit required by G.S.
143--215. l (a).

Based upon •thc above findings of fact and conclusions °flaw, and in accordance with authority provided by the
Secretary of the Department of Enviromnental 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:
$250.O0 1 of 1 violations of G.S. 143-215.1(0(6) and Permit No. NC0060755, by discharging Waste water
into the Waters of the State in violation of the Permit Monthly Average for Nitrocen„ Ammonia
Total (as N) - Concentration
$250.00 TOTAL CIVIL 'PENALTY
$1 12,70 Fnforcement Costs
$362.70 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) 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 dainaee',
(5) The amount of money saved by noncomptiance;
(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 ofthis notice, you must do one of the following:
1) Submit payment of the penalty', OR
(2) Subrnit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option I: Submit payment of. the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
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

Option 2: Submit a written request for remission or mitigation including a detailed justific
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 amountof 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 he approved, the following. factors shall be considered:
(I) 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;
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 kVill 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 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 Reciuesi for Remission of Civil Penalties,
Waiver of Right to an Administrative Flearittz and Stipulation of Facts" form .within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that vou 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-'161 7

Option 3: File a petition for an administrativehearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition tor 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 hoti.rs 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 CH 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
shouldcontact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
tiling process.
The mailing address and telephone and fax munbers for the Office of Administrative Hearings are as follows;
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (I) copy ot'the petition must also be served on DEQ as .follows:
Mr. William F. Lane, General Counsel
Department of Env i ronmental Qual ity
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) 01' the petiti
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 Ori Tuvia With the Division of Water Resource s staff of the Mooresville Regional
Office at [phone] or via email at ori.tuvia:kricdertr.gov.
Sincerely.
DocuSigned by:
A14CC681AF27425,..
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: W()S Mooresville Regional Office .Enforeetnem File
NPDES Compliance/En-foreement E,nforeement File

JUST F CATION FOR REMISSION RE • „E..T
Case Number: LV-2020-0186
Assessed Party: Carolina Water Service Inc of North Carolina
Permit No.: NC0060755
County: Gaston
Amount Assessed: $362.70
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
lflqiver of Right to cm .,,,Idniinistrc-ttive.hrearing, 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. Pursuant to, § 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,neluding copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment Jactors are listed in the civil penalty assessment document);
(h) the violator promptly abated continuing environmental damage resulting from the violation explain the
stems that you took to correct the. violation and prevent future occurrences):
(c) the violation was inadvertent or a result -.if an accident explain why the violation was unavoidable or
something you could not prevent or prepare - ;
(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. (Le., explain
how payment of the civil penalty will prevent you from pei forming the ac (Miles necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Carolina Water Service Inc of North Carolina
Saddlewood WWTP
PERMIT NO. NC0060755
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2020-0186
Having been assessed civil penalties totaling $362.70 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 21 ,2020, 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 mast 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 re -mission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of
ADDRESS
SIGNATURE
TELEPHONE

PERMIT: NC0060765
FACILITY: Saddlewood TP
LIMIT VIOLATION(S)
ATTACHMENT A
Carolina Water Service Inc of North Carolina
CASE NUMBER: LV-2020-0186
REGION: Mooresville
COUNTY: Gaston
SAMPLE LOCATION: °offal! 001 - Effluent
Violation Report
Date MonthlVr Parameter
1/3112020 1-2020 Nitrogen, Ammonia
Total (as N) -
Concentration
Frequency
Weekly
Unit of Limit Calculated % Over Violation
Measure Value Value Limit Type
Penalty
Amount
rngll 4 6 02 50,6 Monthly
Average
Exceeded
$250 00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Carolina Water Service Inc of North Carolina.
Facility Name: Saddiewood WWTP
Permit Number: NC0060755
County: Gaston
Case Number: LV-2020-0I.86
ASSESSMENT FACTORS
w
1) The degree and extent of harm to the natural resources of the State
property resulting from the violation; None, documented. Flcrwcve
2) The duration and gravity of the violation; as documented
3) The effect on ground or surface wa
the dischaur c of treated v : stewater
o the public health, or to private
h rsk:I t1: rr.
quantity or quality or on air+4ual
4) The cost of rectifying the damage; unknown
5) The amount of money saved by noncompliance; Linkuows tt
t►) Whether the violation was committed willfully or intentionally ; Not suuspecte
7) The prior record of the violator in complying or failing to comply with prograruts over which the
Environmental Management Cornmission has regulatory authority; and
Vi,a,anon Re:port.
Date Period Parameter
Violation
Type
NOD
NOV
CPA
2019
9
44 5
Exceeded
ded
NOV-20191V5327
Daily Maxim —
Exceeded
NOD--2019 LV-0102
NOV 2O 5 ti d .O586.
) The cost to the State of the enforcement procedures. S112
DocuSigned by:
7/21/2©20
e
At4CC681AF27425,..
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ