WQCSD0185_NOV-2022-DV-0021_20220124

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 4115 6822
Return Receipt Requested
Shannon V Becker
Aqua North Carolina Inc.
202 Mackenan Dr.
Cary, NC 27511-6447
NORTH CAROLINA
Environmental Quality
January 24, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0021
Sanitary Sewer Overflows - December 2021
Collection System Permit No. WQCSD0185
Neuse River Village Collection System
Wake County
Dear Mr. Becker:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Aqua North Carolina Inc. The Division's Raleigh Regional Office concludes that the Aqua North Carolina Inc. violated
Permit Condition I (2) of Permit No. WQCSD0185 by failing to effectively manage, maintain, and operate their
collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO
constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is
required by G.S. 143-215.1.
The Raleigh Regional Office is providing the Aqua North Carolina Inc. an opportunity to provide evidence and
justification as to why the Aqua North Carolina Inc. should not be assessed a civil penalty for the violation(s) that
are summarized below:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202102261 12/10/2021 4,170 Near Misty River Drive Grease 35,000 0 Notice of Violation -
and Bubbling Brook Notice of Intent
Court, Raleigh
North Carolina Department of Environmental Quality 1 Division of water Resources
Raleigh Regional Office 13800 Barrett Drive 1 Raklyk North Carolina 27609
919.791,4200

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
Laserfiiche
Sincerely,
I 7 Ria •
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Err.Yr wereal quality I [whom of Water Resources
Raleigh Regional Office 13800 Barrett Dube Raleigh North Carolina 27609
919.79IA200