WQ0036766_Remission (Request)_20191004

October 4, 2019
Wastewater Branch
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Old North State Water Co.
An
RECEIVED
OCT 0 0 2019
NCDEQIDINRINPDES
Company
RECEIVEDINCDEQIDWR
OCT — 9 2019
Non -Discharge
Permitting Unit
Subject: Remission Request for the Notice of Violation and Civil Penalty Assessment
(Case No. LV-2019-00209) issued on September 25, 2019 for Old North State Water
Company LLC — Cedar Point WWTP Permit# WQ0036766
Dear Division of Water Quality:
ONSWC and Cedar Point WWTP appreciates the opportunity to respond to the Notice of
Violation and Civil Penalty issued on September 25, 2019. Please find enclosed our
remission request regarding violations as listed:
While we concur that the TSS exceedance does constitute a violation, we hope that
our response shows our commitment to providing support to the operator to ensure that future
compliance issues receive visibility thorough out the organization and as a check to ensure
compliance. We have been proactive in purchasing a spare chemical pump in order to reduce
Total Suspended Solids in the future.
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.
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,
f -
Mike Myer
Old North State Water Company
Cc: Rebecca Manning, Envirolink, Inc.
Dave Strum, Envirolink, Inc.
Don Feller, Envirolink, Inc.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CARTERET
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 )
Cedar Point WWTP 1
PERMIT NO. WQ0036766 ) CASE NO. LV-2019-0209
Having been assessed civil penalties totaling $478.63 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated September 25. 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 4th
RECEIVED
OCT 48 2019
NQDEQID\NR/NPDES
day of October , 209
ADDRESS
4700 Homewood Court, #108
Raleitih, NC 27609
TELEPHONE
252-235-4900

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2019-0209 County: Carteret
Assessed Party: Old North State Water Company LLC
Permit No-: WQ0036766 Amount Assessed: $478.63
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 penalty assessment 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:

PERMIT: W00036766
FACILITY: Cedar Point WWTP
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date Month/Yr Parameter
5/31/2019 5-2019 Solids, Total
Suspended
REPORTING VIOLATION(S)
SAMPLE LOCATION:
Violation Report
Date Month/Yr Parameter
5/31/2019 5-2019 Nitrogen, Neldahl,
Total (as N)
ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: LV-2019-0209
REGION: Wilmington
COUNTY: Carteret
Unit of
Limit
Calculated
% Over
Frequency Measure
Value
Value
Limit
2 X month mg/l
5
5.5
10.0
Unit of Limit Calculated % Over
Frequency Measure Value Value Limit
2 X month mg/1
Violation Penalty
Type Amount
Monthly $250.00
Average
Exceeded
Violation Penalty
Type Amount
Parameter $100.00
Missing

ROY COOPER
wren
MICHAEL S. REGAN
kereavy
LINDA CULPEPPER
Maw
Certified Mail # 7007 0220 0000 8225 0526
Return Receipt Requested
Michael J Myers
Old North State Water Company LLC
4700 Homewood Court
Suite 108
Raleigh, NC 27609
NORTH CAROLINA
September 25, 2019
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. WQ0036766
Old North State Water Company LLC
Cedar Point WWTP
Case No. LV-2019-0209
Carteret County
Dear Permittee:
RECEIVED
OCT 0 9,2019
NMEWWR/WDES
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $478.63 ($350.00 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 May 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. WQ0036766. The violations, which occurred in May 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. WQ0036766 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.l(a).
North Carofna De &nmatof EaKonmentel Qaelity I Division of W Resources
Wimiapon R ftansl Woo 1 177 Cardiml Drive Extension I N9eningtoa, Notts Camino 28405
egw-_ 90796-721S

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 Iisted 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-282.1(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 remissiom you must complete and submit the enclosed `'Request for Remission of Civil Penalties.
Waiver of Ri t 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