NC0065480_LV20150122_20150806

Ar BA
NCDE R
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
Certified Mail#7013 1090 0000 6092 9542
Return Receipt Requested
August 06, 2015
Thomas J Roberts
Aqua North Carolina Inc
202 Mackenan Ct •
Cary,NC 27511 RECEIVED/DENR/DWR
SUBJECT: Notice of Violation and Assessment of Civil Penalty AUG 12 2015
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit No. NC0065480 Water Quality
Permitting Section
Aqua North Carolina Inc
Beau Rivage Plantation WWTP
Case No. LV-2015-0122
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$683.50($500.00 civil penalty+
$183.50 enforcement costs)against Aqua North Carolina Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report(DMR)
submitted by Aqua North Carolina Inc for the month of May 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No. NC0065480. The
violations, which occurred in May 2015, are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that Aqua North Carolina Inc violated the terms, conditions or
requirements of NPDES Permit No.NC0065480 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment
A. 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 Environment and Natural Resources and the Director of the Division of Water Resources, I,James
H. Gregson,Regional Supervisor,Wilmington Regional Office hereby make the following civil penalty assessment against
Aqua North Carolina Inc:
127 Cardinal Drive Extension,Wilmington.North Carolina 28405
Phone:[phone]\Internet: www.ncdenr.gov<http://www.ncdenr.gov>
An Equal Opportunity\Affirmative Action Employer-Made in part by iccycled paper

$0.00 0 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0065480,by discharging waste
water into the waters of the State in violation of the Permit Daily Maximum for Ammonia.
$500.00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0065480,by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for Ammonia.
$500.00 TOTAL CIVIL PENALTY
$183.50 Enforcement Costs
$683.50 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 Environment and Natural Resources (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:
NPDES Compliance/Enforcement Unit
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 rethitted, 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 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:
NPDES Compliance/Enforcement Unit
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One(1)copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
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 Dean Hunkele with the Division of Water Resources staff of the Wilmingtdn
Regional Office at(910) 796-7215 or via email at [e-mail].
Sincerely,
Jay Zimmerman,P.G.
Director,Division of Water Resources,NCDENR
By James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
ATTACHMENTS
Cc: WQS Wilmington Regional Office-Enforcement File (w/attachments)
NPDES Compliance/Enforcement Unit-Enforcement File (w/attachments)
Central Files, Water Quality Section (w/attachments)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2015-0122 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0065480 Amount Assessed: $683.50
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 ENVIRONMENT
, AND NATURAL RESOURCES
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Aqua North Carolina Inc )
Beau Rivage Plantation WWTP )
)
PERMIT NO.NC0065480 ) CASE NO. LV-2015-0122
Having been assessed civil penalties totaling $683.50 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 06, 2015,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 , 20
SIGNATURE
ADDRESS
TELEPHONE

•
ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: LV-2015-0122
PERMIT: NC0065480 FACILITY: Beau Rivage Plantation WWTP COUNTY: New Hanover REGION: Wilmington
Limit Violations
MONITORING OUTFALL/ VIOLATION UNIT OF CALCULATED %OVER
PENALTY REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE LIMIT VIOLATION TYPE
$0.00 5-2015 001 Effluent NH3-N-Conc 5/26/15 Weekly mg/I 35 37.40 6.9 Daily Maximum Exceeded
$500.00 5-2015 001 Effluent NH3-N-Conc 5/31/15 Weekly mg/I 20 29.30 46 6 Monthly Average Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Aqua North Carolina Inc
Facility Name: Beau Rivage Plantation WWTP
Permit Number: NC0065480
County: New Hanover
Case Number: LV-2015-0122
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;
2) The
duration and gravity of the violation;
J,vl`"�i.tl✓} Lia
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.
$183.50
Gehigt.:,-)0.,5— -
Date James Gregson,RegionakSigTervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDENR

3111t P, ft
Thomas J.Roberts,President and Chief Operating Officer
0: 919.653.5770 F:919.460.1788 [e-mail]
July 29, 2015
Mr. James Gregson,Regional Supervisor JUL 3 1 2015
Water Quality Regional Operations Section
Wilmington Regional Office Water Quality Regional
Division of Water Resources,NCDENR Qnggitoen
tions Regionali
on v+�ilminOffice
t7ffice
127 Cardinal Drive Extension
Wilmington,NC 28405
Re: Beau Rivage Plantation WWTP,New Hanover County
NPDES Permit No. NC0065480, Case No.NOV-2015-LV-0438
Dear Mr. Gregson:
Aqua North Carolina, Inc. (Aqua) offers the following response for the above-referenced Notice of
Violation and Intent to Assess Civil Penalty for ammonia violations that occurred May 26 and 31, 2015:
Response:
The violations for the exceedance of ammonia at the Beau Rivage wastewater treatment facility
during the month of May were thought to have been caused by an increase in warmer
temperatures, increased microbial activity, and the subsequent increase in frequency of digester
decanting. Due to the increased decanting, Aqua believes the unusually higher concentrations of
ammonia were being returned to the aeration basin. The wastewater treatment facility's schedule
for wasting and decanting was altered to accommodate the weekly routine sampling in May, but
was deemed unsuccessful in decreasing the ammonia results. Further actions were taken by the
operations team in June to reduce the ammonia levels in the facility's effluent.
If you have any questions or comments, please do not hesitate to contact Don Williams at (910) 270-
1412.
Si. e•ely
Thomas J. ' .bens
President and COO
•
TJR/rl
cc: Don Williams
Moses Thompson
Michael Melton
202 MacKenan Court Cary, NC 27511 0 AquaAmerica.com

4},f:\.
EFFLUENT
1'
•
NPDES PERMIT NO. NC0065480 DISCHARGE NO. 001 May YEAR NH 5
FACILITY NAME Beau Rivage CLASS II COUNTY NEW HANOVER
CERTIFIED LABORATORY(1)_Envirochem CERTIFICATION NO. 94
(list additional laboratories on the backside/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC) Donald Feller GRADE IV CERTIFICATION NO._993428_
PERSON(S)COLLECTING SAMPLES Donald Feller/Eric Youngs ORC PHONE_(910)524-4976
CHECK BOX IF ORC HAS CHANGED 1♦ NO FLOW/DISCHARGE FROM SITE* ED
Mail ORIGINAL and ONE COPY c /� /%n�� -7?
ATTN:CENTRAL FILES Qeliteie,
l/t-7�L�G•l�/_ Co •0 ✓ -/5
DIVISION OF WATER QUALITY,,N1 �; .r URE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
1617 MAIL SERVICE CENTER•• ' t' L U 13 BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
g50050 00010 00400 50060 00310 00610 00530 61211 00300 00600 00665
F E FLOW w ag 0 5 m w
x K ma <Z w V m W Z
"4 •Ev Dy EFF 1S3 -j 20 PO Zal -JO
OOs,E >}W aIn QO
A mN a0 ®, IN�W dV a tax
mN �-0 1-tuLt o0. W E (0 Ore 00
0 0 iY G la
H 0 uv disinfection aZ Z N Z D D O Z d
G w-
HRS HRS YB/N MGD c C UNITS -4 ug/L MG/L MG/L MG/L #/100m1 MG/L MG/L _ MG/L
2
0.076430 r..I -k.,,,C.,!' `r i
3 '--•--' ..' 0.072630 - `•: _. - � < ": " ' - .-
4 09:30 1 Y 0.073480 _ 40: J U I V 2 8 2015
5, 1500 -1:5'. '. Y .- 0.076670 23:1-::-` : :.8:3. ••':••40 '•- -18'• • 21.6`'''' 2.7,= 76 ' :"7:6 = '•1;. ' _ r_
6 09:30 1 Y 0.062650 ,.. i E ''-`e.,-?-,.L "I L.`v
7'.13:15 ' 1 Y' 0.070160 • ..• .- ., -- -_ : t;.�i`? �,,,i[<'t`c
8 10:45 1 Y 0.074370
10 0.078970
12 08:45 1 Y 0.072220 23.9 8.3 40 20 33 <2.8 <1 7.6
13 09:45 -1 Y ' 0.072510 -
14 09:15 1 Y 0.079020
15 .11:00 1 • N" 0.074900 - . , " - . _ ,, .. ,
16 0.071030
17 . 0.078540 r. _ ; '
18 11:00 1 Y 0.074990 40
19 10:15 1 -' - Y _ 0.07-1430 . '-• ';_ ---:', -..,"1..' .:'; . ' P, W (r,l• n,.
20 08:00 1.5 Y 0.079890 24.3 8.2 40 25 25.3 <2.9 <1 7.9 "
21 ,09100' .1.5 Y 0.076570. -' a rs
22 09:30 2 Y 0.081210Tkff:RZEINCBERMIN
23 - ; -0.073850 . .,.. - . : ,".-4re,'," ,:.;:-..',,::',:..'11 :`:;., : .r
24 0.079100
25 :-H 4.2 • H 0.089490 '.'f .:, . .- -, ,, -, r . . : - - --: - JUL 0 6 015
26 10:00 1 Y 0.089100 24.8 8.2 40 4 37.4 <2.9 <1 7.2
2715:30 %.'1-.- ' . Y :0.071090 --f-7:.: :' >30 •-- .,:- , -. .
INalist Quality Regional
28 10:45 1 Y 0.074610
29'14:30` :'1:"<- .Y.:';' ,0.082500 '-',.,..,2-: . .-. „-...'`' _ - ., - 968tr..' 3 tb0
-Wilmin�lr• 'or i,• ? office
30 0.084360 _
31 - ,. , 00084840.. ,: =„'",-, ::::',i,-; :-. ;'T ;r _ ' --4,-,;',';'''t ,
Average 0.076465 24.0 39 16.8 29.3 0.7 3.0 7.5, #DN/0! #DIV/0!
,.:"Maximum;.' .-` -•0089490 x_.`;24.8'.• '':;8:3,'-''"_ '`::'-'•40 -':''25.0'':`;37:4'-' "<2.9=' ;':76:0 '".7.9'__ 0.00,:'";,000;-i'
Minimum 0.062650 23.1 8.2 30 4.0 21.62.7 <1 7.2 0.00 0.00
comp(C)I Grab_(G) -'c•. c.° ,°,c c =,C :C,r. .-f,'6 ' GY '1:•0::.-, ;"1..d7;-;
Monthly Limit >6.8/5.8.5 13 ugh 130 mg/l 20 mg/1 30 mg/1 35/100 >5 mg/1
- Daily,timlt' .. ,''13 u'---':,45:iimgA_ :-35,mgA-7.45,mgh'.278!100` mg/G %:: _._
DWQ Form MR-1(11104)

NC0065480
NON-COMPLIANT DMR
May 2015
The Beau Rivage Wastewater Treatment Plant was non compliant for the month of May 2015,due to an
exceedance of the average monthly limit and one daily limit of ammonia in the effluent. The operator
believes the ammonia has been elevated due to above average wasting volumes the days prior to
sampling to control the bug population in the plant. It is thought that the wasting could be potentially
slowing the ammonia breakdown process, leaving elevated ammonia amounts in the plant effluent.
The corrective action being taken by the operator is to alter the wasting and/or the sampling schedule
so both events do not interfere with the other.
00-Addi77.zi644. 6 25- /5

7A' •
•
• � n a.
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R.van der Vaart
Governor Secretary
July 10, 2015
CERTIFIED MAIL ##7013 1090 0000 6092 9504
RETURN RECEIPT REQUESTED
Thomas J Roberts, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
Subject: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No. NOV-2015-LV-0438
Permit No. NC0065480
Beau Rivage Plantation WWTP
New Hanover County
Dear Mr Roberts:
A review of Aqua North Carolina Inc's Discharge Monitoring Report(s) for the Beau Rivage Plantation WWTP
submitted for the month of May 2015 showed the violations indicated below.
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
Parameter Date Limit Value Reported Value Limit Type
Ammonia 5/26/2015 35.000 mg/I 37.400 mg/I Daily Maximum Exceeded
Ammonia 5/31/2015 20.000 mg/I 29.330 mg/I Monthly Average Exceeded
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.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). 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.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
' State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,and
you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
Phone:[phone]\Internet:www.ncdenr.gov
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

Reminder: Pursuant to Permit Condition 6 in Section E,the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hou'rs,from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report
may be required within 5 days if directed by Division staff. Prior notice should be given for
anticipated or potential problems due to planned maintenance activities,taking units off-line,etc.
In addition, you may wish to consider registering to use the Division's new e-DMR process for completion and
submittal of monthly monitoring reports, for more information please visit our website at:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
If you should have any questions,please do not hesitate to contact Dean Hunkele with the Water Quality Section at
[phone] or via email at [e-mail].
Sincerely,
J mes Gregson, Regiona'Supervisor
Wa erQ Y Regional ualit Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Cc: DWG/Wilmington Regional Office -Green File
Central Files,Water Quality Section
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