WQ0030088_Remission (Request)_20200113

January 13, 2020
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Old North State Water Co.
An
Company
RECEIVEDINCDEQIDWR
JAN222020
Non -Discharge
Permitting Unit
Subject: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Case No. LM-2019-0055
WWTP Permit No. WQ0030088
Majestic Oaks WWTP
Pender County
Dear Ms. Sanchez -King:
Old North State Water Company appreciates the opportunity to respond to the Assessment of
Penalty issued on December 18, 2019 by the Division of Environmental Quality. The Notice of
Violation was issued related to Limit Exceed violations for Total Nitrogen and Total Nitrate
Nitrogen as well as a missing PH.
Addressing the limit violations, the valve from the blower to the air head had vibrated closed
and was not allowing enough air into the plant to treat the waste properly. Corrective actions
were taken to address the issues and the plant is now back in compliance.
We feel that a civil penalty would not be prudent as we have acted in a responsible manner to
address these issues and bring the facility into compliance. Therefore, we request that the
Division considers these efforts when deciding on further enforcement.
Old North Water Company strives for excellence and has always welcomed open
communication with NC DWR Staff to ensure compliance with any permit and we continue to
be concerned about the issuance of NOV's that could have been avoided through open
communication. If Old North State Water Company can be of any further assistance or
additional information is needed, please contact me at 252-235-4900.

Sincerely,
Michael J. Myers
Old North State Water Company
Cc:
David Strum, Envirolink
Rebecca Manning, Envirolink
Tracy Miller, Envirolink

DocuSign Envelope ID: 803786BA-El /3-4C71.-9743 CA5530OD3929
JUSTIFICATION FOR REMISSION REt UES71
Case plumber: LM-2019-0055 County: Pender
Assessed Party: Old North State Water Company LLC
Permit No.: WQ0030088 Amount Assessed: S678.63
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 gfFacts" 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. i(c), remission of a civil
penalty maybe 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.I(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
-1/ (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 wh.v 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
hov payment of`the civil penalty' wilt prevent you ftonz performing the activities necessary to achieve
compliance).
EXPLANATION:
R ECEIVED
2 .BAN 2020
N°JUaDascflargc
perInitt, Unit

DocuSign Envelope ID: 8D37B68A-E173-4C71-9743-CA55300D3929
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- LM-2019-0055
Having been assessed civil penalties totaling 1678.63 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated December 19. 2019, 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 13th
day of ] anua_ry
SIGNATURE
ADDRESS
20 20
4700 Homewood Court Suite 108
Raleigh, NC 27609
TELEPHONE
252-235-4900
EEIVED
2 2 .!Ark 2020
scbarge
Ff: sting Unit

DocuSign Envelope ID BD37B6BA-E173-4C71-9743-CA55300D3929
ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: LM-2019-0055
PERMIT: WQ0030088
REGION:
Wilmington
FACILITY: Majestic Oaks WWTP
COUNTY:
Pender
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Unit of Limit Calculated % Over
Violation
Date MonthNr Parameter
Frequency Measure Value Value Limit
Type
B/31/2019 B-2019 Nitrogen, Total (as N)
2 X month mg/l 7 1 1 4
Monthly
8/31/2019 B-2019 Nitrogen, Nitrate Total
(as N)
MONITORING VIOLATION(S)
SAMPLE LOCATION:
Average
Exceeded
Monthly mg!I 10 908 8080 Monthly
Average
Exceeded
Violation
Report
Unit of
Limit Calculated % Over Violation
Date
MonthNr Parameter
Frequency
Measure
Value Value Limit Type
&3112019
8-2019
BOD 5-Day (20 Deg
2 X month
mg/1
Frequency
C)
Violation
8/24/2019
8-2019
Chlorine, total
5 X week
mg/1
Frequency
Residual
Violation
8/31/2019
8-2019
Chlorine, Total
5 X week
mg/1
Frequency
Residual
Violation
8/31/2019
8-2019
Coliform, Fecal MF,
2 X month
#1100m1
Frequency
MFC Broth, 44 5 C
Violation
813112019
8-2019
Nitrogen, Ammonia
2 X month
mg/I
Frequency
Total (as N)
Violation
8/31/2019
8-2019
Nitrogen, Kjeldahl,
2 X month
mg/I
Frequency
Total (as N)
Violation
8131/2019
8-2019
Nitrogen, Nitrate Total
2 X month
mg/1
Frequency
(as N)
Vio ation
8i3l/2019
B-2019
Nitrogen, Total (as N)
2 X month
mg/I
Frequency
Violation
8/24/2019 8-2019 pH 5 X week su
8/31/2019 8-2019 Phosphorus, Total (as 2 X month
P)
8/3l/2019 B-2019 Solids, Total 2 X month
Suspended
mg/l
mg/I
Frequency
Violation
Frequency
Violation
Frequency
Vdiatron
Penalty
Amount
$250 00
$250 00
Penalty
Amount
$0 00
$0 00
$0 0C
$0 00
$0 00
$0 00
$0 00
$0 00
$a 00

DocliSign Envelope 10: BD37B6BA-E173-4C71-9743-CA55300D3929
8/3/2019 8-2019 Turbidity, HCH
Turbidimiter
8/4/2019 9-2019 Turbidity, HCH
Turbidimiter
Continuous ntu
Continuous ntu
Frequency $0.00
Violation
Frequency $0 00
Violation

DocuSign Envelope ID: 8D37BBBA-E173-4C71-9743-CA55300D3929
8/10/2019
8-2019
turbidity, HCH
Continuous
ntu
Turbidimiter
8/11/2019
8-2019
Turbidity, HCH
Continuous
ntu
Turbidimiter
B/1712019
8-2019
Turbidity, HCH
Continuous
ntu
Turbidimiter
8/18/2019
8-2019
Turbidity, HCH
Continuous
ntu
Turbidimiter
8/22/2019
8-2019
Turbidity, HCH
Continuous
ntu
Turbidimiter
8/24/2019 8-2019 Turbidity, HCH Continuous
Turbidimiter
8/25/2019 8-2019 Turbidity, HCH Continuous
Turbidimiter
8/26/2019 8-2019 Turbidity, HCH Continuous
Turbidimiter
8/31/2019 82019 Turbidity, HCH Continuous
Turbidimiter
REPORTING VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date Month/Yr Parameter
8/31/2019 8-2019 pH
ntu
ntu
ntu
ntu
Frequency $0 00
Violation
Frequency $0 00
Violation
Frequency
Violation
Frequency
Violation
Frequency
Violation
Frequency
Violation
Frequency
Violation
Frequency
Violation
Frequency
Violation
Unit of Limit Calculated % Over Violation
Frequency Measure Value Value Limit Type
Monthly su Parameter
Missing
$0 00
$0 00
$0 00
$0 00
Penalty
Amount
$50 00