NC0023299_LV20150141_20150827

Je
Pat McCrory
Governor
North Carolina Department of Environment and Natural Resources
August 27, 2015
CERTIFIED MAIL #7010 2780 00014236 4298
RETURN RECEIPT REQUESTED
Mr. Andrew Luter
Yes WL Utilities Exp, LLC
2401 15th Street, Suite 350
Denver, CO 80202
Donald van der Vaart
Secretary
RECEIVED/DENROWR
SEP --22015
Nater Quality
Permitting Sectior
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES Permit NCO023299
Yes WL Utilities Exp, LLC
Woodlake MHC WWTP
Case No. LV -2015-0141
Guilford County
Dear Mr.Luter:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 616.96 ($ 450.00
civil penalty + $ 166.96 enforcement costs) against the Yes WL Utilities Exp LLC.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring
report (DMR) submitted by the Yes WL Utilities Exp LLC 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 NC0023299. 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 the Yes WL Utilities Exp, LLC violated the
terms, conditions or requirements of NPDES Permit NCO023299 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, W. Corey Basinger, Water Quality Regional Operations Supervisor for the Winston-Salem
Region, hereby make the following civil penalty assessment against the Yes WL Utilities Exp LLC:
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone] \ Internet: www.ncwaterouality.org
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper

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$ 200.00
2 of the 2 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0023299, by discharging waste water into the waters of the State -in
violation of the Permit Daily Maximum limit for BOD.
$ 250.00
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
NC0023299, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for BOD.
$ 450.00
TOTAL CIVIL PENALTY
$ 166.96
Enforcement Costs
$ 616.96
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 days of receipt of this notice, you must do one of the following:
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:
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission 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

i
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) were
wrongfully applied to the detriment of the violator;
(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 has 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, 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:
NC DENR / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
L61 V
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 original and one (1) copy of the
petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the
original and one copy of the document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:

Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 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 Mike Mickey or me of the Winston-Salem Regional Office at 336-
776-9800.
attachments
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, DENR
cc: WSRO Files w/attachments
SW Central Files w/attachments
PSB-NPDES — Charles Weaver
4

STATE OF NORTH CAROLINA
COUNTY OF Guilford
Yes WL Utilities Exp, LLC
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Woodlake MHC WWTP
PERMIT NO. NCO023299
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
REQUEST FOR REMISSION
WAIVER OF RIGHT TO AN
ADMMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0141
Having been assessed civil penalties totaling $ 616.96 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated 8/27/2015, 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

L
JUSTIFICATION FOR REMISSION REQUEST
DWO Case Number: LV -2015-0141
Assessed Party: Yes WL Utilities Exp, LLC, Woodlake MHC WWTP
Amount Assessed: $ 616.96
Permit No: NCO023299
Coun : Guilford
Please use this form when requesting remission of this civil penalty. You must also complete the "Re uest
For Remission, Waiver of 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 applies. 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 apy 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 ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF Guilford DWQ Case Number: LV -2015-0141
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
VIOLATOR: Yes Wl Utilities Exp LLC
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
•
My presentation will be limited to discussion of issues and information submitted in my original remission request, and because no
factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business'or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.,
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee, then
you do not need legal representation before the Committee; however, if you intend on having another individual speak on your behalf
regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the meeting in order to
avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law without a
license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a violation of the State Bar occurs.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

ATTACHMENT A
Yes WI Utilities Exp LLC
CASE NUMBER LV -2015-0141
PERMIT:
NCO023299
FACILITY:
Woodlake MHC WWTP
COUNTY: Guilford
REGION:
Winston-Salem
Limit Violations
MONITORING
OUTFALL /
VIOLATION
UNIT OF
CALCULATED
% OVER
PENALTY
REPORT
PPI LOCATION PARAMETER
DATE FREQUENCY MEASURE
LIMIT VALUE
LIMIT
VIOLATION TYPE
$100.00
5-2015
001 Effluent
BOD - Conc
5/14/15 Weekly
mg/I
7.50 11
467
Daily Maximum Exceeded
$100.00
5-2015
001 Effluent
BOD - Conc
5/28/15 Weekly
mg/I
7.50 12
60.0
Daily Maximum Exceeded
$250.00
5-2015
001 Effluent
BOD - Conc
5/31/15 Weekly
mg/I
5 - 7.30
455
Monthly Average Exceeded