WQ0033770_Remission (Request)_20200812

Old North 5tcrte Gate- Co.
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1rLc:,- .Wft
Caiytpany.
August 17, 2020
Morell Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: Remission Request for the Notice of Violation and Civil Penalty Assessment (LV-2020-0191)
issued on July 8, 2020 for Old North State Water Company LLC — Carolina Plantation- Permit#
WQ0033770
Dear Division of Water Quality:
ONSWC and Carolina Plantation WWTP appreciates the opportunity to respond to the Notice of
Violation and Civil Penalty issued on July 8, 2020. Please find enclosed our remission request regarding
the flow exceedance for March 2020.
Since taking over this facility ONSWC has made a considerable investment into this plant and continues
to make investments into the facility as requested by the operator in order to ensure proper operation.
As stated in our original NOV response, the plant is surpassing our permit limit due to the capacity of
homes in the development combined with the fact that during this time span due to the Covid-19 issues,
individuals were remaining at home, teleworking and schools were not in service. At this time many are
still teleworking, and students are attending virtual classes from home. The demand is presenting
operation and maintenance challenges at the wastewater treatment plant and will continue to do so until
flow expansion can be implemented.
In summary, Old North State Water Company is keenly aware of the growing demand for expansion at the
WWTP. We have requested quotes to re -rate the flow at the WWTP and to date we have received one
proposal and are awaiting additional quotes.
ONSWC
Coat cFattnet in 4ltd4 aManageinent
4700 Homewood Ct, Suite 108; Raleigh, North Carolina 27609
252-235-4900 (phone) 252-235-2132 (fax)

0d North 5tcrte Wcrter Co.
A.-
Afft
C onip any.
We understand the reasons for the Notices of Violation and Civil Penalty Assessment but respectfully
request that the Division consider remission of the civil penalty due to the fact the non-compliance was
outside of the Operator's or ONSWC's control.
We trust that this letter addresses our response to the Notice of Violation and Civil Penalty Assessment
and demonstrates ONSWC and Carolina Plantations commitment to improving the reporting, record
keeping, and overall System condition at the WWTP. Please do not hesitate to contact meat 252-235-
4900 if we can be of any further assistance or additional information is needed.
Sincerely,
wi�1_41V �
Michael Myer
Old North State Water Company
Cc: Rebecca Manning, Envirolink, Inc.
Dave Strum, Envirolink, Inc.
Jeff Jarmon, Envirolink, Inc.
ONSWC
Coat cFattnet in 4ltd4 aManageinent
4700 Homewood Ct, Suite 108; Raleigh, North Carolina 27609
252-235-4900 (phone) 252-235-2132 (fax)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0191 County: Onslow
Assessed Party: Old North State Water Company LLC
Permit No.: WQ0033770 Amount Assessed: $886.37
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 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. § 14313-282.1(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. 14313-282. 1 (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the violation (i.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 (i.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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
ONSWC has hired engineers to try to rerate the permit as the violations are on -going due to the flow rate.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ONSLOW
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Old North State Water Company LLC )
Carolina Plantation WWTP )
PERMIT NO. WQ0033770 ) CASE NO. LV-2020-0191
Having been assessed civil penalties totaling JaM.37 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 08, 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 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 of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the 12th day of August , 2020
•
SIGNATURE
ADDRESS
4700 Homewood _Court, Suite 108
Raleigh, NC 27609
TELEPHONE
252-235-4900

ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: LV-2020-0191
PERMIT: W00033770 REGION: Wilmington
FACILITY: Carolina Plantation WWTP COUNTY: Onslow
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report Unit of Limit Calculated % Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
3/31/2020 3-2020 Flow, in conduit or thru Continuous gpd 150000 156,674.32 44 Monthly $750 00
treatment plant Average
Exceeded