WQ0030088_Remission (Request)_20200818

Old North 5tcrte Wcrter Co.
A -
water
Company.
August 19, 2020
Morella 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-2020-0219)
issued on August 10, 2020 for Old North State Water Company LLC - Majestic Oaks Permit#
WQ0030088
Dear Ms. Sanchez King:
ONSWC and Majestic Oaks WWTP appreciates the opportunity to respond to the Notice of Violation and
Civil Penalty listed above. Please find enclosed our remission request regarding the Monthly Nitrogen,
Total Nitrogen exceedance for April 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 response an unexpected change of ORC at the Majestic Oaks Wastewater
Treatment Plant required ONSWC to place a new certified operator at the plant. The new operator was
not fully aware of the sampling details for the plant. As a result, he took grab samples at an inappropriate
location (upstream of the filters). The plant itself did not produce an effluent warranted for a permit
violation; it was essentially a logistical error by the ORC. The new ORC is now subsequently trained in the
correct sampling procedure for Majestic Oaks.
Since the violations occurred as a direct result of a personnel/training issue and not because of the plant
operation, we request the division consider remission of the penalties assessed. ONSWC quickly identified
the source of the problem and took remedial action.
ONSWC
Coat cPattnet in 4lW4 oManapnent
4700 Homewood Ct, Suite 108; Raleigh, North Carolina 27609
252-235-4900 (p) 252-235-2132 (f)

0d North 5tcrte Wcrter Co.
A. -
Wafer
Company.
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 plant operations itself. The Operator quickly acknowledged there was an issue, responded
to the non-compliance, and promptly returned the treatment plant to a compliant status.
We trust that this letter addresses our response to the Notice of Violation and demonstrates ONSWC and
Majestic Oaks commitment to improving the reporting, record keeping, and overall System condition at
Majestic Oaks. Please do not hesitate to contact me at 252-235-4900 if we can be of any further assistance
or additional information is needed.
Sincerely,
wi�1_41V �
Old North State Water Company
Cc: Rebecca Manning, Envirolink, Inc.
Dave Strum, Envirolink, Inc.
John Pruitt, Envirolink, Inc.
ONSWC
Coat cPattnet in 4lW4 oManapnent
4700 Homewood Ct, Suite 108; Raleigh, North Carolina 27609
252-235-4900 (p) 252-235-2132 (f)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2020-0219 County: Pender
Assessed Party: Old North State Water Company LLC
Permit No.: WQ0030088 Amount Assessed: $761.37
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. § 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-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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF PENDER
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 )
Majestic Oaks WWTP )
PERMIT NO. WQ0030088 ) CASE NO. 1,V-2020-0219
Having been assessed civil penalties totaling $761.37 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 10, 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 4 day of 20
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-2020-0219
PERMIT: WQ0030088
FACILITY: Majestic Oaks WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION:
REGION: Wilmington
COUNTY: Pender
Violation
Report
Unit of
Limit
Calculated
% Over
Date
Month/Yr Parameter
Frequency Measure
Value
Value
Limit
4/30/2020
4-2020 Nitrogen, Total (as N)
2 X month mg/I
7
9.35
336
Violation Penalty
Type Amount
Monthly $625 00
Average
Exceeded