WQ0030088_Remission (Request)_20191107

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12 NOV 2019
July 22, 2019
Wastewater Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
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AUG 2 2 2019
Old North State Water Co.
An
Company
Subject: Remission Request for the Notice of Violation and Civil Penalty Assessment
(Case No. LV-2019-0102) issued on June 25, 2019 for Old North State Water Company
LLC - Majestic Oaks Pennit# WQ0030088
Dear Division of Water Quality:
ONSWC and Majestic Oaks WWTP appreciates the opportunity to respond to the
Notice of Violation and Civil Penalty issued on June 24, 2019. Please find enclosed our
remission request regarding violations as listed:
"The Majestic Oaks W WTP was non -compliant for January 2019 due to an exceedance of one
daily and the monthly limit for ammonia, as well as the monthly Total Nitrogen in the effluent. The
daily limit was exceeded for ammonia. which drove the monthly average over the permit limit. The air
was increased thru out the aeration basin to bring the ammonia limit down for the second set of samples
and it worked. The Total Nitrogen never decreased with the air increase, and then the Micro C feed rate
was then increased. We hoped the increase in Micro C and the air would be enough stimulant to allow
the bugs to complete nitrification and denitrification while the air and water temps were still low due to
cold weather."
Since taking over this facility ONS WC 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. Once the plant was able to regain a healthy state, the W WTP began operating in
compliance with NPDES Permit# WQ0030088.
We understand the reasons for the Civil Penalty Assessment but respectfully
request the Division consider remission of the civil penalty due to the fact the non-
compliance was outside of the Operator's control. The Operator quickly acknowledged
there was an issue, responded to the non-compliance, and promptly returned the treatment
plant to a compliant status.

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,
Mike Myer
Old North State- Water Company
Cc: Rebecca Manning, Envirolink, Inc.
Dave Strum, Envirolink, Inc.
Don Feller, Envirolink, Inc.

I DocuSign Envelope ID: EE3652E6.55B8-4201-13E2E-C9534111245A
i 2013
JUSTIFICATION FOR REMISSION REQUEST hr't
Case Number: LV-2019-0102 County: Pender
Assessed Party: Old North State Water Company LLC
Permit No.: WQ0030088 Amount Assessed: $728.63
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 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. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penaltyassessment document);
J(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:

DocuSign Envelope ID: EE3652E6-5598-4201-SE2E-Cg534111245A
ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: LV-2019-0102
PERMIT: W00030088
FACILITY: Majestic Oaks WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date Month/Yr
Parameter
1/8/2019 1-2019
Nitrogen, Ammonia
Total (as N)
1/31/2019 1-2019
Nitrogen, Ammonia
Total(as N)
REGION: Wilmington
COUNTY: Pender
Unit of
Limit
Calculated % Over
Violation
Penalty
Frequency Measure
Value
Value Limit
Type
Amount
2 X month mg/l
6
20.6 243.3
Daily
$100.00
Maximum
Exceeded
2 X month mgll
4
10.3 157.5
Monthly
$250.00
Average
Exceeded
1/31/2010 1-2019 Nitrogen, Total (as N) 2 X month mg/1 7 17.16 145.0 Monthly $250.00
Average
Exceeded

DocuSign Envelope ID: EE3652E6-55B&4201-BE2E-C9534111245A RFCj ��jj
;# FE
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIR(j1�J�1~ T 21LI UALITY
COUNTY OF PENDER II �� iiVVUU
fi...
ing
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. LV-2019-0102
Having been assessed civil penalties totaling 7� 28.63 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated Mai 09.2019, 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 7th
day of November
SIGNATURE
ADDRESS
,2019
4700 Homewood Court, Suite 108
TELEPHONE
252-235-4900

DocuSign Envelope ID: EE3652E6-55B8-4201-BE2E-C9534111245A
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Maxtor
Certified Mail # 7017 0190 0000 9534 2796
Return Receipt Requested
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Suite 108
Raleigh, NC 27609
NORTH CAROLINA
Environmental Quality
June 25, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. WQ0030088
Old North State Water Company LLC
Majestic Oaks WWTP
Case No. LV-2019-0102
Pender County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $728.63 ($600.00 civil penalty
+ $128.63 enforcement costs) against Old North State Water Company LLC.
This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Monitoring
Report (NDMR) submitted by Old North State Water Company LLC for the month of January 2019. This review has
shown the subject facility to be in violation of the limitations and/or monitoring requirements found in Non -discharge
Permit No. WQ0030088. The violations, which occurred in January 2019, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Old North State Water Company LLC violated the terms,
conditions or requirements of Non -discharge Permit No. WQ0030088 in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any
person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
NortbCaro'�na Department ofEnvronm,amta Qva',sy I DIvs>>aofhaterResoumes
,eaq, Wrlmngton Regio a, Office 1 127 Criss-1uIDrwe Extensors I %6 msrtgtco, Nont, Cirro`_ns 28405
- •� 9.0 7998-7215

DocuSign Envelope ID: EE3652E6-55B8-4201-BE2E-C9534111245A
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, Morella
Sanchez -King, Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment
against Old North State Water Company LLC:
100.00 1 of 1 violations of the Permit Daily Maximum for Nitrogen. Ammonia Total as N per the limits
established in Permit No. WQ0030088
$250.00 1 of 1 violations of the Permit Monthly Average for Nitrogen, Ammonia Total (as N) per the
limits established in Permit No. WQ0030088
2$ 50.00 1 of 1 violations of the Permit Monthly Average for Nitrogen, Total (as N) per the limits
established in Permit No. WQ0030089
$600.00 TOTAL CIVIL PENALTY
$128.63 Enforcement Costs
$728.63 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), 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. 143B-2 82.1 (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;
(2) 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 following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative 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 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

DocuSign Envelope ID: EE3652E6-55B8-4201-BE2E-C9534111245A
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 of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282. I (b) 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 of the 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 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 the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised 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 and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (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 27699-1617

DocuSign Envelope ID: EE3652E6-55B8-4201-BE2E-C9534111245A
O )tion 3: File a 3etition for an administrative heariny, 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 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 5:00 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 (1) copy and a filing fee (if a 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 Hearings with all questions retarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) 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 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 Helen Perez with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
E3ABA14AC7DC434...
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File

DocuSign Envelope ID: EE3652E6-55BB-4201-BE2E-C9534111245A
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Old North State Water Company LLC
Facility Name: Majestic Oaks WWTP
Permit Number: WQ0030088
County: Pender
Case Number: LV-2019-0102
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;
The degree and extent of harm has not been quantified. However, high concentrations of nutrients (i.e.
nitrogen) can lead to the degradation of groundwaters.
2) The duration and gravity of the violation;
The NDMR for January 2019 shows that the facility exceeded the daily max and monthly average permit limits for the
following parameters: total ammonia (daily max and monthly average) and total nitrogen (monthly average). The facility
was assessed for exceedances in the same parameters recorded in the December 2018 NDMR.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on groundwater quantity has not been evaluated.
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;
There is no evidence that the violation was committed willfully or intentionally. However, the facility has
prior violations for the same parameters (refer to question 7).
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
The facility has two previous enforcement actions in the preceding 12-month period (LV-2028-0125 and
LV-2019-0069).
8) The cost to the State of the enforcement procedures.
DocuSigned by,
6/25/2019 A"U'7
E3ABA14AC7DC434...
Date Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ