WQCSD0267_Remission Decision (DV-2020-0039)_20211010

Docusign Envelope ID:A923E479-946D-45B2-9D5F-4969B113300DA
'�,STATE
ROY COOPER 'r
Governor
ELIZABETH S.BISER ` w �. *
Secretary a""'"
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
10/10/2021
CERTIFIED MAIL 7018 1830 0001 8037 1868
RETURN RECEIPT REQUESTED
Mr. Shannon Becker, President
Aqua North Carolina,Inc
202 Mackenan Ct
Cary,NC 27511
Subject: REMISSION REQUEST
CIVIL PENALTY ASSESSMENT
Chapel Ridge WWTP
Chatham County
PERMIT NO: WQCSD0267
CASE NO: DV-2020-0039
Dear Permittee:
I have 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$2,035.01 ($2,000.00 civil penalty
plus$35.01 enforcement)to the total amount of$1,035.01 ($1,000.00 civil penalty plus$35.01 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 Environmental Quality.
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 call Sydney Carpenter at 919-707-3712 or via e-mail at
sydney.carpenter n,ncdenr.gov. Thank you for your cooperation in this matter.
Sincerely,
L
..00cuSign.d by:
C484531431644FE...
for
S. Daniel Smith
Director,Division of Water Resources
00 512 NorthNorth Carolina DepartmentSalisburyStreet o1617f EnvironmentalMailService Center Raleigh
Quality I Division of WaterNorthCarolina Resou27rces699-1617
NORTH CAROL I\.^.
,
o.a.M.Mmuwomenmwma 919.707.9000

DocuSign Envelope ID:A923E479-946D-45B2-9D5F-4969B1D300DA
Attachment:DWR Civil Assessment Remission Factor Sheet(copy)&
Request for Oral Presentation Sheet
cc: Enforcement File#:DV-2020-0039[Laserfiche]
Raleigh Regional Office[Laserfiche]

DocuSign Envelope ID:A923E479-946D-45B2-9D5F-4969B1 D300DA
DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2020-0039 Region: Raleigh County: Chatham
Assessed Entity: Aqua North Carolina Inc Permit: WQCSD0267
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee States:
DWR Response:
Z (b) Whether the violator promptly abated continuing environmental damage resulting
from the violation:
Permittee States:No specific response was given for this factor. The permittee states that they
recognized the electrical failure could occur at their other facilities and took immediate action to
address that potential across their statewide footprint.Aqua states they performed testing of all
wastewater pump stations by removing all sources of power and lifting the high-water alarm,
including testing the telemetry system to ensure it indicated both power loss and high-water
conditions, and identified more than 60 pump stations where the simultaneous conditions would not
result in telemetry notification. The permittee states that the telemetry system has standalone backup
batteries, but the pump control system does not, and they are currently upgrading all of it's pump
stations to add this resiliency.
DWR Response: Permittee states that the telemetry system was installed,operated and maintained in
accordance with state regulations and operator had recently checked alarm function,and that they're
upgrading all of their pump station to add resiliency. However,due to the volume of the SSO, DWR
only recommend partial remission.
® (c) Whether the violation was inadvertent or a result of an accident:
Permittee States:No specific response was given for this factor. The permittee states that the incident
was a result of an electrical failure within the control panel, and that this event is outside the scope of
typical operational regulations or reasonable anticipation. The permittee states that the alarm and
telemetry system were installed, operated, and maintained in accordance with state regulation, and
the operator had completed his check of alarm and telemetry function in accordance with the existing
standards of practice.
DWR Response: Permittee states that the telemetry system was installed,operated and maintained in
accordance with state regulations and operator had recently checked alarm function,and that they're
upgrading all of their pump station to add resiliency. However,due to the volume of the SSO and the
fact that both the telemetry and pumps apparently failed as a result of power loss, DWR only
recommend partial remission.
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee States:
DWR Response: Permittee states that the telemetry system ws installed,operated and maintained in
accordance with state regulations and operator had recently checked alarm function,and that they're
upgrading all of their pump station to add resiliency. However,due to the volume of the SSO and the

Docusign Envelope ID:A923E479-946D-45B2-9D5F-4969B1 D300DA
fact that both the telemetry and pumps apparently failed as a result of power loss, DWR only
recommend partial remission.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Pernrittee States:
DWR Response:
DECISION(Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Original Penalty(without Enforcement Costs) $2,000.00(enter amount)
Partial Remission ® % 50 or $ (amount remitted)
Subtotal $ 1,000
Retaining Enforcement Costs $ 35.01
Total Revised Assessment $ 1,035.01
oocuslgnsd by:
[At.ickat 1, Ikevkfchl,(.e 10/10/2021
C464531431844FE...
for S. Daniel Smith Date

DocuSign Envelope ID:A923E479-946D-4582-9D5F-4969B1 D300DA
WQCSD0267 Remission Decision
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF CHATHAM DWR Case Number DV-2020-0039
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( )