NC0030325_LR20230001_20230105

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: A&D Water Service Inc
Facility Name: Buffalo Meadows WWTP
Permit Number: NCO030325
County: Ashe
Case Number: LR-2023-0001
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
The degree and extent of harm to the natural resources of the State, to public health and private property has not been
determined with certainty. The degree and harm of this violation has the potential to be moderate as late DMRs may have
limit or frequency violations that could not be addressed in a timely manner due to receiving DMR late.
2) The duration and gravity of the violation;
The duration and gravity of the violation is moderately significant.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on ground or surface water with possible limit or frequency violations not addressed in timely manner due to
late submittal can have impacts on surface water quality.
4) The cost of rectifying the damage;
The cost of rectifying the damage has not been measured with certainty at this time.
5) The amount of money saved by noncompliance;
The amount of money saved by noncompliance has not been conclusively calculated and it is uncertain whether such costs
have been considered.
6) Whether the violation was committed willfully or intentionally;
It is believed that the violation was neither willful nor intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
In the past 12 months prior to August 2022, the facility has had 8 violations concerning late/missing DMRs. These
violations resulted in 5 NODs and 2 NOVs and 1 Enforcement case.
8) The cost to the State of the enforcement procedures.
$108.51 Docu Siiggned by:
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1/6/202 3 145B49E225C94EA...
Date Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020-3160-0002-0860-9277
Return Receipt Requested
January 05, 2023
Aubrey Lewis Deaver
A&D Water Service Inc
PO Box 1407
Pisgah Forest, NC 28768-1407
SUBJECT: Assessment of Civil Penalty
for Violations of the Reporting Requirements
Case No. LR-2023-0001
Buffalo Meadows WWTP
NPDES WW Permit No. NCO030325
Ashe County
Dear Mr. Deaver:
This letter transmits a notice of a civil penalty assessed against A&D Water Service Inc in the amount of
$358.51 (includes $108.51 in enforcement costs).
This assessment is based upon the following facts: the August 2022 discharge monitoring report ("DMR'� was
not filed with the Division of Water Resources within the thirty (30) calendar days after the end of the
reporting period for which the report is made [per 15A NCAC 02B .0506].
Report Period Due Date Received Date Days Late
August 2022 9/30/2022 97
A Notice of Violation NOV-2022-LR-0083 was sent to you for failure to submit the August -2022 DMR
no later than the thirtieth (30th) day following the reporting period. This notice was
received by you on 11/30/2022 Within said notice, you were informed to "submit the
missing report within fifteen (15) days of receipt of the notice to prevent further action.
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105
336,776.4800

The State's enforcement costs in this matter may be assessed against A&D Water Service Inc pursuant to
NCGS. 143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that A&D Water Service Inc violated the terms,
conditions or requirements of NPDES WW Permit No. NCO030325 and G.S. 143-215.65 in the manner and
extent shown above. 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. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by
the Secretary of the Department of Environmental Quality and the Director of the Division of Water
Resources, I, Lon T. Snider, Regional Supervisor, Winston-Salem Regional Office hereby make the following
civil penalty assessment against A&D Water Service Inc:
250.00 For violation of NCGS 143-215.65 and NPDES Permit 8-2022, for failing to submit the
Discharge Monitoring Report for NC0030325.
108.51 Enforcement Costs
358.51 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing

Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include
waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or
new violation(s). Please submit payment to the attention of:
Water Quality Permitting Section
NC DEQ/Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 listed 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 remission, you must complete and submit the enclosed "Request for Remission of Civil
Penalties, Waiver of Right 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:
Water Quality Permitting Section
NC DEQ/Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You
must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of Administrative Hearings during
normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by
facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1)
copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of
Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as
follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an
internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney
General's Office for collection of the penalty through a civil action. Please be advised that additional penalties
may be assessed for violations that occur after the review period of this assessment.

If you have any questions, please contact Patricia Lowery with the Division of Water Resources staff of the
Winston-Salem Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSiTgned by:
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Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
1. Justification for Remission Request
2. Waiver of Right to an Administrative Hearing and Stipulation of Facts

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LR-2023-0001
County: Ashe
Assessed Party: A&D Water Service Inc
Permit No.: NC0030325 Amount Assessed: $358.51
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. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty
assessment document);
(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:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF ASHE
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
A&D Water Service Inc )
Buffalo Meadows WWTP
PERMIT NO. NCO030325 ) CASE NO. LR-2023-0001
Having been assessed civil penalties totaling $358.51 for violation(s) as set forth in the assessment document
of the Division of Water Resources dated January 05, 2023, 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
day of
ADDRESS
TELEPHONE
SIGNATURE
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