WQCS00147_NOV-2022-DV-0346_Response Rvcd_20230103

AQUAS.
An 4Essential Utilities Compawy
January 3, 2023
Scott Vinson,
Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office,
Division of Water Resources, NCDEQ
3800 Barrett Drive
Raleigh, NC 27609
Re: Notice of Violation
Collection System Permit No. WQCS0014
Johnston County
Neuse Colony Collection System,
Dear Mr. Vinson:
Aqua North Carolina, Inc. (Aqua) offers the following response to the above -referenced Notice of Violation
which was issued for failing to effectively manage and maintain the Neuse Colony Collection system due
to sewer spills occurring on November 19 and November 30, 2022. Please note that these two spills are
unrelated with different causal factors and at different locations.
Aqua's Response:
Incident 202201727 — November 19, 2022 —
The Aqua North Carolina sewer force main was struck by a utility contractor boring new cable for another
utility. Aqua North Carolina, nor its contractors, were performing any work in this area at that time. The
contractor had contacted NC811 for locates. Aqua contracts with USIC for utility locating services and
USIC received the NC811 locate request. USIC failed to respond to the locate request, see attached USIC
report indicating USIC 's failure to respond. Aqua is filing a claim against USIC but will have a maximum
reimbursement of $7500 for this incident per the contract. USIC is the nation's largest locate firm and Aqua
was not negligent in its contractual relationship with USIC. There are several factors considered for penalty
assessment and we offer the following comments:
Factors for Civil Penalty Allocation
Aqua Response
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;
There was no harm to the
environment, to the public health or
to private property. The third -party
environment assessment contractor
report (attached) provides evidence
to support this statement.

The duration and gravity of the violation;
Aqua North Carolina was first
notified of the incident on November
19th, 2022. Aqua responded
immediately, the sewer main was
repaired the same day, and Aqua
spent three days mitigating the
release and verifying no harm to life,
health or even loss of property.
The effect on ground or surface water quantity or quality or on-
air quality;
Due to the effective abatement
measures, the untreated sewage
release did not migrate onto adjacent
properties or enter WOTUS (Waters
of the United States).
The cost of rectifying the damage;
The cost of emergency internal staff
and external contractors was
approximately $67,000.
The amount of money saved by noncompliance;
There was no money saved by
noncompliance and Aqua had
contractual agreements to ensure
NC811 locations were handled
appropriately.
Whether the violation was committed willfully or intentionally
Aqua did not direct either USIC or
the contractor to bore and hit the
force main. Aqua had appropriate
contracts to prevent this damage, and
in no way was this break willful or
intentional.
Aqua's Response:
Incident 202201757 — November 30, 2022 —
Aqua retrieved 4 contractors air testing plugs from the Neuse Colony collection system. These construction
sewer plugs were from new developer construction upstream of the Neuse Colony collection system. The
developer and contractor failed to properly inspect their equipment during construction which led to an
issue in the Aqua collection system. This sewer spill was caused by negligence of an outside party and not
by any action or inaction by Aqua.
Factors for Fine Allocation
Aqua Response
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 third -party environmental
contractor stated there was no harm
to the environment, to the public
health or to private property.
The duration and gravity of the violation;
Aqua North Carolina was first
notified of the incident on November
30th, 2022. Aqua responded
immediately and flow within the
sewer main was restored the same
day.
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The effect on ground or surface water quantity or quality or on-
air quality;
Due to the effective abatement
measures, the untreated sewage
release did not migrate onto adjacent
properties or enter WOTUS.
The cost of rectifying the damage;
The cost of emergency internal staff
and external contractors was
approximately $20,000
The amount of money saved by noncompliance;
There was no cost savings by
noncompliance, and Aqua has utility
specifications that specify the proper
use of sewer plugs during utility
construction.
Whether the violation was committed willfully or intentionally
Aqua did not direct the contractors to
release their sewer plugs into the
operating sewers and did not receive
notification from the contractors of
their issues. As such this violation
was neither willful nor intentional.
With consideration of the information listed above, it appears the only reasonable penalty assessment factor
may be the cost of enforcement. To Aqua's knowledge, NCDEQ representatives did not visit either spill
site, and as such any costs of enforcement should be minimal or negligible. If you have any questions or
comments, please do not hesitate to contact me at [phone].
Sincerely,
Robert Krueger
Area Manager
cc: Joseph Pearce
Amanda Berger
Shannon Becker
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