NC0071242_Regional Office Historical File Pre 2018 (5)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Derertar
Certified Mail
Return Receip
Tony
Carol
PC) Box 240908
Charlotte, NC 28224
7018 3090 0001 2328 .266
ested
caul, director tperations
Water Service Inc of North Car 1,
NORTH CAROUNA
Environmental Quality
September
0, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Vioiations of North Carolina General Statute (G.S,;) 14 3-215.1(a)(6)
and NPDES WW Permit No, NC0071242
Carolina Water Service inc of North Carolina
Riverpointe WWTP
Case No, EV-2020-0240
Mecklenburg County
Dear Mr. Konsul:
This letter transmits a Notice of Violation and assessment of civil penalty+° in the amount
S 110.28 en;
rnent cost- against Carolina Water Service Inc of North Carolina.
This assessment is based upon the following
(DMR) submitted by Carolina Water Servi
shown the subject facility. to be in violation
WW Permit No. NC0071242. The violatio
letter..
iiat).'28 ($3(1('10 civil penalty.
a review has been conducted of the Discharge Monitoring Report
c of North Carolina for the month of January 2020. This review has
the discharge limitations and/or monitoring requirements found in NPDES
which occurred in January 2020, are sutnm.arized in Attachment A to this
Based upon the above facts, 1 conclude as a matter of law tl` at Carolina Water Service Inc ofN©rth Carolina violated the
terms, conditions or requirements of NPDES YY W Permit No, NC0071242 arid G,'S. 143 215.I(a)(6) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-21.5.6A(a)(2), a civil penalty
may he assessed against any person who vioiates the terms, conditions or requirements of a permit required by, G.S.
143-215 1(a).

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 Service Inc of North Carolina:
$250.00
1 of 1 violations of G.S. 143-215.1(a)(6) and Permit, No. NC0071242, by discharging waste water
into the waters of the State in violation of the Permit Monthly ,Average for Solids, Total Suspended
- Concentration
$300.00 3 of 3 violations ofG.S I 43-215.1(a)(6) and Pertilit No. NC0071242, by discharging waste water
into the waters of the State in violation of the Permit Weekly Average for Solids, Total Suspended
- Concentration
S550,00 TOTAL CIVIL PENALTY
$110,28 Enforcement Costs
$660.28 TOTAL AMOUNT DUE
Pursuant to G.S, 143-215_6/V4 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. 143.B-282.1(b), which are:
(1) 'fhe degree and extent of hart. to the natural resources of the State, to the public health, or private property
resulting from the violation;
(7) 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 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 awing.
(1.) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a ,Nritten request for an administrative hearing
Option I: Submit payment of the penalty:
Payment should he made directly to the order of the Department of Environmental Quality (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:
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 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 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 ofWater Resources at the address listed below,
In determining whether a remission request will be approved, the following factors shall be considered:
(I) whether one or more of the civil penalty assessment factors in NCGS 143B-282,1(h) was -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 ofan 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 forthe 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 will 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 th.e penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be a.dvised 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 arid submit the enclosed -Request for Remission of Civil Penalties_
Waiver of g*It to an ,Administrative Hearing, and Stipulation of Facts" fortn withitithirty (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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7

Option 3: File a petition for an administrative hearing with the Office f Adniinistrative 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 between the hours of 8:00 a.m. and 500 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 (I) copy and a filing fee (if a tiling fee is required by NIC(iS gl50B-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 withall questi• ns re iiardino e filing feeandlor the details of the_
filing process,
The mailing address and telephone and tax numbers for the Office of Administrative Hearings are as 'follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax [phone]
One (I) copy of the petition must also he served on 1)FQ as follows:
Mr, William F. Lane, General Counsel
Department of .Environmental Quality
1601 Mail Service Center
R.aleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this] . r) on the petition.
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 theAttorney General's Office for
collection of the penalty through a civil action. Please be advised that ad.ditional 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 MooresHlc Regional
Office at [phone] or via email at
Sincerely,
0 Signed by
4.44141 P40.1.4
F 16 I ei59A203400,
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 Compliance/Enforcement 1 Jriit - Enforcement File (Laserfiche)

IFI:CATI©N FOR REMISSION RF. UES
Case Number: IN 2020-0240
Assessed Party: Carolina Water Service Inc of North Carolina
Permit No.: NC0071242
County: Mecklenbur
Amount Assessed: S660.28
Please use this form when requesting remission of this civil penalty. You trust also complete the '''Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of icts°' form to request remission of this civil penalty.
You should attach any documents that you believe support your reclatest and are necessary, for the Director to consider in
evaluating your request for remission. Please be aware that a request. fear remisst.ran 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 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-2S2.i(b) w e'w"rongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penal ,> assessment document);
(h) the violator promptly abated continuing environmental. damage resulting from the violation (Le., expiain the
steps that you took to correct the violation and prevent fiuturee occurrence,),'
(c) the violation vas inadvertent or a result of an accident (Le'., explain why the e.="r lation was unavoideah e ter
sarnething you could not prevent or preparefor);
(d) the violator had not been assessed civil penalties for any previous violations;
(.e) payment of the civil penalty will prevent payment
how payrnent of the civil penalty will prevent you,
compliance).
EX I ANATION:
raining rxecessary remedial actions ti.e, explain
ing the activities nee essay t' t:a achieve

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF MECKLENBURG
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST'
Carolina Water Service Inc of North Carolina
Riverpointe WWTP
WAIVE OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
sTrpuLATION OF FACTS
PERMIT Na NCl/071242 CASE NO, EV-2020-0240
Daying been assessed Hill penalties totaling $660.28 for siolatioras) as stet forth in the assessment document of the Division
of Water Resources dated September 10,2020, the undersigned, desiring to seek remission of the etch penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the fact are as alleged in the
assessment dmument The undersigned further tainerstands Hat all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirGi (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.
This the
day of 20
ADDRESS
SIGNATURE
TELEPHONE

PERMIT:NC0071242
FACILITY* Riverpointe
IT VIOLATION(S)
ATTACH ENT A
Mina .ter Service Incof North Carolina
CAS NUMBER: L - 020-0240
REGION: Mooresville
COUNTY: ecklenburg
SAMPLE T1 Ottll001EffluenEffluent
Violation Report
Date nth(Yr Parameter
2020 1-2020 Salida, Total
Suspended Concentration
8/2020 1-2020 Solids, Total
Suspended-
Concentration
2020 1-2020 Solids, Total
Suspended-
Concentration
202 1-2020 Solids, Total
Suspended-
Concentration
Unit of Calcine d % Over Violation
Frequency u Value Value Limit Type
kly g1 45 108
Weekly gl 45 5
Weekly g+1 45 01
' kly rng l
140.0 Weekly
Average
Exceeded
48,9 Weekly
Average
Exceeded
25 5 Weekly
Average
Exceeded
5.25 112.5 Monthly
Average
Exceeded
Penalty
Amount
100.00
0.00
# 00.00
250. E

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Carolina Water Service Inc of NorthCarolina
Facility Name: Riverpointe WWTP
Permit Number: NC0071242
County: Mecklenburg
Case Number; LV-2020-0240
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 q 'treated wastewater in excess ofper,nit 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 of permil limitations has the potential u •
adversely impact surftwe 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 he vvillful 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.
Casetk LV-2015-0221 — Fecal ColifOrm (DAM & BOD (DAM April 2015;
NOD-2015-LV-0.155 — BOD (DAO( & MAT) — August 2015:
NOV-2016-LV-0007— Fecal ColifOrm (DMV) — September 2015;
NOD-2017-LV-0019 — Fecal Colt' form (DMV) — October 2016:
NOV-2017-LT7-0245 — Fecal ColitOrm (DMV) — December 2016;
NOV-2018-1,V-0387— BOD (DMV) & Fecal Coliform (DMV) — January 2018;
NOV-2019-LV-0640 TSS (DMV) —,July 2019:
NOV-2019-LV-0731 — Fecal Cohform (DAM —August 2019;
.NOV-20.20-1,V-0306 — TSS (DMV) — October 2019.
8) The cost to the State of the enforcement procedures.
S110.28
9.10.2020
Date
DocuStned by
4.4460, if Nut.
N.----F1BIFIBMA20184AJ_
fo r
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ