NC0065480_LV-2020-0196 Remission Decision_20210818

ROY COOPER S, ! sP_
Governor y� 1°T 1V
JOHN NICHOLSON
Interim Secretary •,�QW*'0.
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
June 14, 2021
CERTIFIED MAIL 7018 1830 0001 8037 2032
RETURN RECEIPT REQUESTED
Mr. Shannon Becker
Aqua North Carolina Inc
202 Mackanan Ct
Cary, NC 275 1 1-6447
Subject: REMISSION REQUEST
Civil Penalty Assessment
LV-2020-0196
Beau Rivage Plantation WWTP
New Hanover County
Dear Mr. Becker:
The Division has considered the information submitted in support of your request for remission
in accordance with G.S. 143-215.6A(f) and have decided to modify the initial civil penalty
assessment of$1,147.83 ($1,000.00 civil penalty plus $147.83 enforcement) to the total amount
of$897.83 ($750.00 civil penalty plus $147.83 enforcement).
Should you choose to pay the modified penalty, payment should be tendered to me at the
letterhead address within thirty(30) days of receipt of this letter. Please make checks payable to
the Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The Committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the Committee, and the Division staff will argue
against any reduction of the assessment.
Should you choose to present your request to the Committee, please notify me at the letterhead
address within thirty(30) days of the receipt of this letter. Your request will be placed on the
agenda of an upcoming Committee meeting, and you will be notified of the date and time. If the
Division does not receive a response regarding this notice, Division staff will automatically place
your case on the agenda of a future Committee meeting.
If you have any questions, please contact Emily DelDuco Richards at
[e-mail]. Thank you for your cooperation in this matter.
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
rr�Gnaairu.
DwrInmesP+ a � / 919.707.9000

Sincerely,
John Nicholson, Interim Director
Division of Water Resources,NCDEQ
Attachment: DWR Civil Assessment Remission Factor Sheet&
Request for Oral Presentation Sheet
cc: Laserfiche
Wilmington Regional Office
Q
D E North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROIINA
�W+^L a hwiron R^W WO� /� 919.707.9000

DocuSign Envelope ID:6944ACF7-DCFB-4790-A289-6A731D954F1C
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: LV-2020-0196 Region: WiRO County: New Hanover
Assessed Entity: Aqua North Carolina Inc. Permit: NC0065480
] (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
[ (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
® (c) Whether the vitiation was inadvertent or a result of an accident:
Permittee States
• The I i kel y cause for the Beau Rive plant ammonia exceedance was due to a higher than normal
influent ammonia concentration and failure by the certified contracted lab to notify AQUA of the
exceedance as required per laboratory regulation and procedure. AQUA notified the lab of this
oversight and was told the" report's NH3 alert not being sent was simply an oversight", and" the
action limits are in our database" further noting that" The alert should have been mailed prior to
you recei vi ng the find report." They have assured us that they will strive to be more di I i gent.
• Additionally,the permitted average ammonia loading for the plait at 0. 200 MGD capacity, is 6.
67 I bs of ammonia per month; however, based on the monthly average flow of 0. 107 MGD at a
monthly average ammonia concentration of 6. 625 mg/1, the resulting l oadi ng for the month of
February was 5. 91 1 bs which is I cm than the permitted a I otment.
DWR Response:
1) The DM R for February 2020 indicates that the fad I i ty exceeded the daily and monthly permit
limits for ammonia nitrogen. Per an emai I dated 7/15/2020, Aqua was made mare of the high
result from 2/13 on Tuesday 2/25. The operator had enough time from Wednesday to Saturday
(02/26 to 02/29)to take at least two additional samples i n an attempt to act ii eve compliance for
the monthly average.
2) The W i RO ack nowl edges that the f as I i ty has improved its compliance record since the new
plait went online and some of the initial design and/or construction i ies were addressed.
There were no penalty asuzbNrlentsin the 12-month period preceding this assess-nest(February
2020 DMR); although NOVsfor BOD and enterococci vi ol ati ons were issued for the period.
3) DWR acknowledges that the maximum rrictb loading of ammonia on a monthly average would
be 6.671 b/d. However, compliance with permit conditions listed in Section A.(2), is assessed
in terms of concentrations with ammonia daily maximum(winter)=20 mg/I and monthly
average(wi nter)=4.0 mg/I. I n the US,the envi ronmental limits for ammonia i n surfer Y and/or
drinking waters are expressed in concentration(mg/1).
Considering 1-3,the W i RO recommends 25%remission of the ci v i l penalty
❑ (d) Whether thevidator had been messed civil penalties for any previous violations
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions

DocuSign Envelope ID:6944ACF7-DCFB-4790-A289-6A731D954F1C
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes❑ No E
Original malty(without Enforcement Costs) $1,000 (enter amount)
Partial Remission ® % 25 or $ 250 (amount remitted)
Subtotal $750.00
Retaining Enforcement Costs $147.83
Total Revised Assessment $897.83
DocuSigned by:
f)4 6/4/2021
\ 8328B44CE9EB4A1...
S. Daniel Smith Date

NC0065480 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF NEW HANOVER DWQ Case Number LV-2020-0196
IN THE MATTER OF ASSESSMENT OF )
CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
AQUA NORTH CAROLINA INC )
I hereby request to make an oral presentation before the Environmental Management Commission's
Committee on Civil Penalty Remissions in the matter of the case noted above. In making this request, I
assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and
may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a
Committee meeting held in Raleigh, North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original
remission request, and because no factual issues are in dispute, my presentation will be limited to five
(5)minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a
representative capacity at quasi-judicial hearings or proceedings is limited to lawyers who are active
members of the bar. Proceedings before the Committee on Remissions are quasi-judicial.You should
consider how you intend to present your case to the Committee in light of the State Bar's opinion and
whether anyone will be speaking in a representative capacity for you or a business or governmental entity.
If you or your representative would like to speak before the Committee,you must complete and return this
form within thirty (30)days of receipt of this letter.
Depending on your status as an individual,corporation,partnership or municipality,the State Bar's Opinion affects how
you may proceed with your oral presentation. See www.ncbar.com/ethics,Authorized Practice Advisory Opinion 2006-1
and 2007 Formal Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before
the Committee,then you do not need legal representation before the Committee;however,if you intend on
having another individual speak on your behalf regarding the factual situations, such as an expert,engineer or
consultant,then you must also be present at the meeting in order to avoid violating the State Bar's Opinion on
the unauthorized practice of law.
• If you are a corporation.partnership or municipality and are granted an opportunity to make an oral
presentation before the Committee,then your representative must consider the recent State Bar's Opinion and
could be considered practicing law without a license if he or she is not a licensed attorney. Presentation of facts
by non-lawyers is permissible.
If you choose to request an oral presentation,please make sure that signatures on the previously submitted Remission
Request form and this Oral Presentation Request form are: 1)for individuals and business owners,your own signature
and 2)for corporations,partnerships and municipalities,signed by individuals who would not violate the State Bar's
Opinion on the unauthorized practice of law.
Also.be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.
This the day of , 20
SIGNATURE TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE( )