WQ0000185_NOV-2021-DV-0329_20210827

August 27, 2021
Mr. Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Re: Notice of Violation
Tracking No.: NOV-2021-DV-0329
Briar Chapel Reclaimed Water System
Permit: WQ0028552
Chatham County
Dear Mr. Vinson
Old North State
Water Company
4)
PO Box 10127 Birmingham, AL 35202
I am in receipt of the above referenced NOV dated August 5, 2021 and wanted to explain what occurred and
corrective measures taken to fix the referenced problem. Quality Landscaping who is our irrigation contractor and
is under contract to maintain the sophisticated reclaimed irrigation system at Briar Chapel. Quality Landscaping
has installed the entire reclaimed system for the developer since the beginning of Briar Chapel and is very qualified
to maintain the reclaimed system. The contractor opened the flushing valve on Catullo Run Trial Head at 2 PM
Sunday July 11`h. This is a normal flushing point and a sampling point for the reclaimed system. Due to human
error, the flushing valve was inadvertently left open. The worker thought his counterpart was going to turn off the
valve later in the day and visa vera. We received a call of water running in the woods and down the walking trial at
Catullo Run Trail Head at 1:59 PM Wednesday July 14`h. Our ORC Chip Whip arrived onsite at 2:15 PM and the
flushing valve was turned off immediately.
After collectively discussing the mishap with Chip White and Quality Landscaping, it was agreed that the contractor
cannot open flushing valves without notification and approval of the ORC Chip White. This will allow the ORC and
his staff to follow up behind the contractor to be sure the flushing did not cause irrigation run off.
As you are aware, Chip White is going into his fourth month as a full-time operator at Briar Chapel. He has done a
fantastic job and the WWTP is operating exactly as it is engineered. He has gotten the TSS levels well under permit
limits which was a constant problem for earlier operators. The Ammonia levels are back under permit limits and
has figured out the proper level of the digester to keep odor complaints low. This operator puts in the hard work
every day and is proud of the WWTP at Briar Chapel. He is very disappointed that the mishap occurred with this
trusted irrigation contractor and has requested ONSWC formulate a plan to hire the appropriate personnel so he
can directly manage the operation of the reclaimed system. This discussion is ongoing but would be in line with
ONSWC's long-term operations plan to move away from third party operators and move towards direct hires.
Please reconsider the enforcement of the civil penalty, as we are working diligently to solve the issue and fund a
better long-term solution.
Thank you for any consideration and please reach out with questions or concerns at the address above, email at
smcmillanPonswc.com or give me call directly 205-719-7795.
Sincerely,
Sean McMillan
e President

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7020 3160 0000 2219 2757
RETURN RECEIPT REOUESTED
August 5, 2021
John L McDonald
Old North State Water Company LLC
PO Box 10127
Birmingham, AL 35202-0127
SUBJECT: NOTICE OF VIOLATION (NOV-2021-DV-0329)
Intent to Assess CIVIL PENALTIES
For Unauthorized Bypass
Briar Chapel Reclaimed Water System
Permit: WQ0028552
Chatham County
Dear Mr. McDonald:
A review has been conducted of the 24-hour self -reporting Bypass report submitted by Robert White on
July 14, 2021. The Division of Water Resources (DWR)'s Raleigh Regional Office concludes that the
unauthorized bypass violated G.S. 143-215.1(aX1) and Permit Condition Part II Section 2 (1) of Permit
WQ0028552.
Specific activities in violation of State Law include the following:
Total Vol
Total Surface
Incident Start Vol Water
Number Date Location Cause (Gals) (Gals)
202101681 07/11/2021 Cattulo Run
Flush valve left open 345,000 345,000
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North
Carolina General Statute (G.S.) 143 215.1 and the facility's NPDES Permit. 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 ten (10) business days after
receipt. A review of your response will be considered along with any additional information provided in
the submitted report. You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty assessment
may be prepared.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200