NC0065684_LV20150133 Remission Request_20151002

RECEIVEDIDENRIDWR
oc - 7 2015
AOUA,.water Quality
Prmitting Section
Thomas I Roberts, President and Chief Operating Officer
0:919.653.5770 • F: 919.460.1788 • TJ [e-mail]
October 2, 2015
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: 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 NCO065684
Aqua North Carolina, Inc.
Case No. LV -2015-0133
Country Woods WWTP, Union County, NC
Dear Sir:
Aqua ,.N,or•th Carolina, Inc. (Aqua) offers the following response for the above -referenced Notice
of Assessment of Civil Penalty.
Response:
Enclosed is the "Justification for Remission Request." Aqua has checked Items (b) and (c) and
has provided the explanation in the space provided.
Thank you for your consideration of this "Justification for Remission Request." Please do not
hesitate to contact Laurie Ison at [phone]. Ext. 57234, if you have any questions regarding this
request.
c re ,
somas J. R erts
President a COO
TJ R/rl
cc: _ .. Laurie Ison .
Moses .Thoinpson, ;..
Michael Melton
202 MacKenan Court Cary, NC 27511 • AquaAmerica.com

Justification for Remission Request
DWR Case Number: LV -2015-0133
Assessed Party: Aqua North Carolina, Inc.
County: Union
Permit Number: NC0065684
Amount Assessed: $1,643.85
Please use this form when requesting remission of this civil penalty. You must also
complete the "Request For Remission, Waiver ought 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. 14313-
282.1(b) were wrongfully pplied 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 Qf the civil penalty will prevent you
from performing the activities necessary to achieve compliance).
EXPLANATION:
With reference to the monthly limit violation for flow, Aqua North Carolina (Aqua)
planned and conducted a complete Sewer System Evaluation Survey (SSES) of the
collection system. Because of the size and finding available, the SSES study was broken
down into two phases. The first study and subsequent repairs started in December 2014
and was completed in March 2015. The second phase of the collection system SSES study

and subsequent repairs began on March 23, 2015, and were completed by the end of May
2015. The SSES investigations identified a failure in the effluent discharge line which
caused the flow recorder to incorrectly register flow in excess of the permitted flow. As
evidence of this, the flow on the day prior to the repair of the effluent line was .684 mgd.
The repair was made on March 23, 2015, and the recorded flow that day dropped to .327
mgd. The following day and each day for the remainder of the month the recorded flow
was between .265 mgd and .287 mgd. These flows are representative of the total recorded
flow each month since the effluent line was repaired. In total, Aqua spent $439,037 in
conducting the SSES studies and performing needed repairs in Crismark and in the
Country Woods East portion of the collection system.
The damage in the effluent line was not something that could have been identified or
avoided until such time that we performed the SSES study. Prior to the bidding and signed
contractual SSES documents with Hydrostructures, PA, Aqua performed multiple
evaluations into what could be causing the excessively high flow readings. In addition to
our search for alternative explanations, Aqua requested a site evaluation of the flow meter
by Thurman Horne of Horizon Engineering. It is Aqua's position, that the violation was
not deliberate, but accidental and unavoidable until such time that we had factual evidence
of the root cause for non-compliance of the effluent flow at the Country Woods East
WWTP.
Secondly, but also in concert with the aforementioned, Aqua has demonstrated by the
investigation and subsequent repairs made, that we did not have a legitimate issue with
flow into the plant. In closing, Aqua completed the necessary steps to abate any potential
environmental impact. We are requesting that that the portion of the penalty associated
with non-compliance of flow be remitted.

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
AQUA NORTH CAROLINA, INC.
PERMIT NUMBER NCO065684
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE No. Case No. LV -2015-0133
Having been assessed civil penalties totaling $1,643.85 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 28, 2014, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing inthe 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 October 2, 2015.
Thomas J. Robert/,' President and COO
Aqua North C olina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-5770