NC0062383_Regional Office Historical File Pre 2018 (4)

R.OY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH NORTH CAROUNA
Director Environmental Quality
Certified Mail # 7018 3090 0001 2328 4 97
Return Receipt Requested
September 10, 2020
1 Konsul, Director Operations
Carolina Water Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224
SUBJECT: 'Notice of. Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute ((IS.) 1.43-2 l.5.1(a)(6)
and -NPDES W1rV Permit No, NC0062383
Carolina Water Service Inc of North Carolina
Queens Harbor WWTP
Case No EV-2020-0239
Mecklenburg County
Dear Mr. Konsul:
rhis letter -transmits a Notice of Violation and assessment of civil penalty in the .unount of $310,28 ($2.00,00 civil penalty
511 0,28 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
tDMR) submitted by Carolina Water Service Inc of North Carolina for the month of january '2020.. This review has
shown the subject facility 10 be in violation of the discharge limitations and/or monitoring- requirements found in NPDES
WW Permit No. NC0062383, 'The violation.s, which occurred in January 2020, are summarized in Attachment A to this
letter,.
Based upon the above facts, 1 onclude as a matter of law that Carolina Water Service Inc of North Carolina violated the
terms, conditions or requirements of NPDES WW Permit No, NC0062383 and 6„S. 143-215.1(0,() in the manner and
extent shown in Attachment .A, In accordance with the maximums established by (3.S.143-115,6A(a)(2), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a permit required by (IS.
143-215.1(a),
N4c !tn. ,rtik DePli rm.!, Wow, scutt“,61
Ei S.. Peiv 4. Nortlt Corz,iti :6115,
7C4-8,63-1ES9

Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department ofEnvironmental Quality and the Director of the Division of Water Resources, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby make the Following civil penaltyassessment against
Carolina Water Service Inc of North Carolina:
sipomo 1 of '1 violations of Ci,S. '143-215.1(a)(6) and Permit No, NC0062383, by discharging waste water
into the waters of the State in violation of the Permit. Daily Maximum for Conform, FecalMF,
M.FC Broth, 44.5 C
U J10.09
1 of 1 violations of G.S. 143-215,1(a)(6) and Permit No. NC0062383, by discharging waste water
into the waters of the State in violation of the Permit Daily Maximum for Solids, Total Suspended
- Concentration
$200.00 TOTAL CIVIL PENALTY
$110.28 Enforcement Costs
$31.0,28 TOTAL AMOUNT DUE
Pursuant to G.S, 143-215.61V0, in deterniining the amount of the penalty have taken into account Findings of Fact and
Conclusions of I,aw and the factors set forth at G.S. 14313-282.1(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;
-the duration and gravity of the violation;
(3) The effect onground or surface water quantity 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 following:
(1) Submit payment of the penalty:, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an adrninistrative hearing
Option 1: Submit payment of the penalty:
Payment should be 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 t-or 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 27699-16.17

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 docutnent„ 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 be approved, the following factors shall be considered:
CD whether one or more of the civil penalty assessment factors in NCGS 143EI-282.1(6) 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 of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment (tithe 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 ofhe .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 the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that as 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 "Request for Remission of Civil Penalties,_
Waiver of Right to an Administrative Hearin, and Sti illation of Facts" form within thirty (.30) days of receipt of this
notice. The Division Water Resources also requeststhat you complete and submit the enclosed 'Justification for
ReniissionRequest."
Both forms should be submittedto the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 2'7699-1617

Option 3: File a petition for an_administrativehearina with the Office of Administrative 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 tile the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered tiled
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 80.0 a.m. and 5:00 p m., except for official state
holidays. The petition may be tiled by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided.
the signed original, one (1) copy and a filing fee Oa 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.
should contact the Office of Administrative Hearin.gs with all questions regarding the filing fee andlor the details of the
filing process,
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are a,:s follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
TeL [phone]
Fax: (9)9) 43 l-3100
(inccopy of the petition must also be served on DEQ as follows:
Mr. F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North. Carolina 27699460 I
Please indicate the case number (as found on page one of this letter) on he 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 starnp (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 Wes Bell with the Division of Water Resources staff of the Mooresville Regional
Office at [phone] or via email at
Sincerely,
DocuSigned by:
[
44444, 11
F 161 FE169A2D84A3 ,
for
W,. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
A'rTACHME.NTS
Cc: WQS Mooresville Regional Office - Enforcement File (Laserfiche)
NPDES Compliance/Enforcement '1nit - Enforcement File (Laserfichej

Case Number: IN-2020-0239
Assessed Party: Carolina Water Servic
Permit No,: NC0062383
ON FOR REMISSION REQUEST
... of North Carolina
County: Mecklenburg
Amount es d: $310.28
Please use this form when requesting remission of this civil penalty. You must also complete the 'Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty,
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contestin.g whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document, Pursuant to N.C,C1.$,, § 143B-282,1(c), remission of a civil
penalty may he 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. l43B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(h) the violator promptly abated continuing environmental damage resulting from the violation „e,„exp1an The
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident ,e„„ 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 (1,e„, explain
how payment of the civil penalty will prevent you rom pe ° ig the actil,ities necessary to achieve
compliance),
EXPLANATION:

STATE I NORTE CAROLINA
COUNTY 1)1 MECKLENBURG
"rHE MATTER F F AILL
OF CIVIL PENALTIES AGAI 'L
Garonne Water Service Inc of North Carolina
Weems Harbor WWTP
PERMIT NO, N tl0(J:a 3
DEPARTMENT t IENVIRON t NT L QUAL.I"IV
W AI sER OF RIGHT T
ADMIN ""I:' ,;TIVE DEAx G A I
STIPULATION OF FACTS
CAS NO. LV-2020-0239
Having been assessed civil penalties totdl€n 10,3 for vitalatiouis as set forth in the assessment document of the Division
sion
rater Resources dated September,10, 2020,, the undersigned, desiring to seek remission of the civil penalty, does hereby
the right to an administrative hearing in the above -stetted matter and does stipulate that the facts are as alleged in the
assessanent doct neat. 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 thirty (30) days of receipt of the notice
of assessment, No new evidence in support o1` a remissio request will he allowed after (0) days from the receipt of the
notice of"assessment,
l ltis the day of
t\D[R'
AT R
TL I EIONE

PERlT. NC0062383
FACILITY: Queens lr
ATTACH
Carolina Water Service Inc of North Carolina
CASE NU mLV-2020-0239
l l' t . WOWS)
)
SAMPLE LOCATION' Outfll 00Effluent
Violation Report
Date Monthisfr Pa eter
Fecal ME,
Ff Erotr r 44.5
11/00 1-20 Co
1128 0 0 1- 0 0 Solids. Total
Suspended
Concentration
ueney
wills
COST: ecklenburg
Unit of Limit Calculated
Measure Value Valle
Over Violation:
L itit Type
kly i1D 1 400 600 50,
Weekly
mga
45 59
Daily
MaxMaxXtlum
Exceeded
Daffy
Max m rra
Exceeded
Penalty
Amount
100 00
100, 0

DIVISION OF WATER RESOURCESIV1L PENALTY ASSESSMENT
Violator: Carolina Water Service Inc of North Carolina
Facility Name; Queens Harbor WWTP
Permit Number: NC0062383
County: Mecklenburg
Case Number: LV-2020-0239
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 of treated wastewater in excess 0
adversely impact natural resources.
2) The duration and gravity of the violation;
As documented in Attachment A.
limitations has the potential to
3) The effect on ground or surface water quantity or quality or on air quality;
None doc.umented, However, the discharge of -treated wastewater in excess of permit limitations has the potential to
adversely impact surface waters.
4) The cost of rectifying the damage;
(Jnknown„
5) The amount of money saved by noncompliance;
Unknown,
6) Whether the violation was committed willfully or intentionally;
Not suspected to be willfid 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
NOV-2018-LV-0385 — Fecal ColijOrm (MTV) & TSS (DA.fV) January 20.18:
Case LA4-2018-0047 — Fecal ColifOrm (Thlik) & failure to monitor
NOV-2019-LV-0392 —
NOD-201 9-1, V-01 25 —
NOV-201 9-TV-0730 —
8) The cost to the State
$110,28
9.10.2020
Fecal Cohform (D1141) — April 2019,-
Total Residual Chlorine (DAM — July 2019,
Fecal Colifo.rm (DA11;) —August .2019,
of the enforcement procedures.
Date
DocuSiBned byLuL4v:
Patad%
161 F'8139,42D/14A3....
for
nmonia — June 20
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ