NC0071242_Regional Office Historical File Pre 2018 (4)

!IiirROY COOPER
Gmemor
MICHAEL 5. REGAN
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2328 4273
Return Receipt Requested
Tony Konsul, Director Operations
Carolina Water Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224
NORTH CAROLINA
Environmental Quality
September 10, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G,S.) 143-2'15.1
and NPDES WW Permit No, NC0071242
Carolina Water Service Inc of North Carolina
Riverpointe WWTP
Case No, LN-2020-0244
Mecklenburg County
Dear Ms. Konsul:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S21,0.28 (S100.00 civil penalty
+ S110.28. 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 March 2020. This review has
shown the .subject facility to be in violation of the discharge Limitations andlor monitoring requirements found in NPDES
WW Permit No. NC0071242. The violations, which occurred in March 2020, are summarized in Attachment A to this
letter.
Based upon the above facts, 1 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. NC0071242 and G.S. 143-21,5.1 (a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 14.3-215.6A(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).
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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 Set -vice Inc of North Carolina
$100,00 1 of I violations of G„S„ 143-215,1(a)(6) and Permit No„ 'NC.0071242, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Solids, Total Suspended
Concentration
$1.00,00 TOTAL CIVIL PENALTY
$110.28 Enforcement Costs
S210.28 TOTAL AMOUNT DUE
Pursuant to G,S„ 1413-215,6A(e), 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 143B-282,1(b)„ which are:
(1) The deg,ree and extent of harm to the natural resources of the State, to the public health,o 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 regulator authorit); 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) Su.hmit 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 directly to the order of the Department of Environmental Quality (do not include waiver
„ 71), 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 27699-16I7

PirOption 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 ofthe five factors listed below as they may
relate to the reasonableness of the amount of the civil penaltyassiessed. 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 administrativ'e 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,
hi 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 darnage 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 act ns,
Please note that all evidence presented in support of your request .for remission must he 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 ‘vill 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, votemust complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver af Right 10 an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receiat of this
notice. The Division of \ater_Resnges also revests 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. 27699-16 7

Option File ition for an d inistrative hearing with the Office of Administralive Hearings:
ifyou wish to contest any statement in the attached assessment document you must tile 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 800 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 faxedor electronic transmission. You
should contact the Office of Administrative Hearings with all gtIe tilinA fee andlor the details of the
filing ptocess.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
'Raleigh, NC 27699 6714
Tel: [phone]
Fax: (9:19) 431-3100
One (1) copy of the pen.' n ntust also be served on DEQ as follows:
Mr, William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601.
Please indicate the ease number is 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 leiter, 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 penaltythrough 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 Wes Bell with the Division of Water Resources staff of the Mooresville .Regional
Office at [phone] or via email at
Sincerely,
Doc 1.r5 kneel by.
E044,14‘41 11 Nutt
r1611,989A2D84A3
for
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 (Laserfiche)
NPDES CompliancelEnfOrcement Unit - Enforcement File Laserfich.e)

JUSTIFICATION FORREMISSION REZ.LEYS.
Case Number: LV-2920-02441
Assessed Party: Carolina Water Se. - nc of North. Carolina
Permit No.: NC0071242
County: Mecklenburg
Amount Assessed: S2l 0,28
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" forn 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 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 civil penal 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 l'actors 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 of the civil penalty assessment factors in N,C,G.S. 143B-282,1(h) were wrongfully applied to the
detriment of the petitioner (the 6issessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the 'violation .e,, 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 Le., 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 explain
how payment of the civil penaltyi ill prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:

STATE OF NORTH CAROL DIA DEPARTMENT OF ENV'ERONMENTAL QUALETY
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT WAWER OF RIGHT TO AN
CIVIL PENALTIES AGAINST INISTRATWE HE A NG AND
ST ULATION OF FACTS
PERMIT NO, NCOOM 242 ) CASE NO, E20200244
Having been asesed civil penalties totaling $210.28 for violation(s) as set forth in the assessment Poem -pent °tithe Division
of Water Resources dated Senteniber 10, 2020. the undersigned, desiring to seek remission oldie civil penalty, does hereby
waive the right to an administrative hearing in the abovesstated matter and does stipulate that the facts are as alleged in the
assessment document, The undersigned further understands that ail evidence presented in support of remission of tills civil
penalty Must he submitted to the Director ()lithe 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 alder (30) days from the receipt of the
notice of assessment
Carolina Water Service Inc of North Carolina
Riverpointe WWTP
This the day of
A DDRESS
'TELEPHONE
SKINATURE

PEaw T. NC0071242
FACILITY: Riverpoint
T VIOLATIONS)
ATTAON SNT
Carolina Water ice Incf North Ca lina
CASE U CV-2020-0244
SA PLE LOCATION: all 001 E ur
'iltln Report
Date MonthNr Pa
aoresville
COUNTY: kienbu
Unit of .Imit Cal rrdbd % yer ViolationOver penalty
Frequency Measure Value Value t irrrlt Type Amount
2020 - 0 0 Solids, Total Weekly mgit 45 49 8.9 Weeidy $100.00
Suspended Average
oncentr limn Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Carolina Water Service Inc ofTorth Carolina
Facility Name: Riverpointe WWTP
Permit Number: NC0071242
County: Mecklenburg
Case Number: LV-2020-0244
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;
None documented, However, the discharge (or wed wastewaler it excess of permit limitations has the potential to
adversely impact natural resources.
2) The duration and gravity of the violation;
As documented in Attachment A
3) The effect on ground or surface water quantity or quality or on air quality;
None documented, However, the discharge of treated wastewater in excess ofpermit limitations has the potential to
adversely impact surface waters.
4) The cost of rectifying the damage;
Unknown,
5) The amount of money saved by noncompliance;
Unknown.
6) Whether the violation was committed willfully or intentionally;
Not suspected to be wilful or intentional.
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
Case#: LY-2015-02.21 Fecal Coliform (DMV) & BOD (DAD) April 2015;
NOD-2015-1, V-0155 BOD & AL4 V) —August 2015:
NOV-2016-LV-0007 .Fecal CO/Orin (DMV) —September 2015;
NOD-2017-1V-0019 — Fecal Colitbrtn October 2016;
NOV-201 7-LV-0245 — Fecal Coliform (DMV)— December 2016,.
NOV-2018-1V-0387 BOD (DMV) & Fecal Coliform (DMV) — January 2018;
NOV-2019-1V-0640 TSS (DMV) — July 20.19;
NOV-201.9-LV-073.1 — Fecal Cali/?arm (DMfr)— August 2019;
NOV-2020-117-0306 TSS (DMV) — October 2019;
Case #: L,V-2020-0240 — TSS (DAiVs & MAO— January' 2020,
8) The cost to the State of the enforcement procedures,
5110,28
9.10.2020
Date
EDocusion.d by
LIAtivflP4.44
F161FB666.70/14A3
fo r
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ