WQ0028978_WQ0028798_Compliance_Inspection_ NOV_Letter_20240221

Certified Mail # 7020 3160 0000 4109 6920
Return Receipt Requested

February 23, 2024
Shannon V Becker
Aqua North Carolina Inc
202 Mackenan Dr
Cary, NC 27511

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2024-PC-0130
Permit No. WQ0028798
Westfall WWTP
Chatham County

Dear Permittee:

The North Carolina Division of Water Resources conducted an inspection of the Westfall WWTP on February 2,
2024. This inspection was conducted to verify that the facility is operating in compliance with the conditions
and limitations specified in Non-discharge Permit No. WQ0028798. The Compliance Evaluation inspection was
conducted by Dorothy Robson, Donald Smith, and Tanvir Pasha with the Division of Water Resources from the
Raleigh Regional Office. Aqua staff members, Wesley Bishop and Zach Cambell assisted DWR with the
inspection. DWR wants to thank Mr. Bishop and Mr. Cambell for their detailed knowledge on the facility and
the tour of the facility and irrigation fields.

A summary of the observations and document review noted during the inspection are as follows:
Schedule (Section I of permit):
1. The permit expires on February 28, 2026. As a reminder, please submit a renewal approximately six
months prior to the expiration of the permit.
2. The permit currently covers the construction only of a 8,692-gallon reclaimed water dedication
utilization system consisting of a 4.1-acre spray irrigation area comprised of two new fields, X-5 and
N-1, and associated piping, valves, controls, and appurtenances. As a reminder, you are required to
submit engineering certification to certify that the permitted facility has been constructed. Additionally,
you are required to submit a permit modification request to adjust the permitted flow of the facility.
Performance (Section II):
3. The facility was observed with an operating rain measurement gauge.
4. Reclaim water system was observed with signage, labels and correct color-coded equipment.
5. Permitted setbacks are adhered to at the facility.
Operation and Maintenance (O&M) (Section III):
6. The facility is operated and maintained by Aqua of North Carolina, Inc. Mr. Wesley Bishop and Mr. Zach
Cambell are the on-site ORCs for this facility.
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB

7. A Spill Prevention Plan is located at headquarters, but there was none on-site.
8. Maintenance Logs and Operating Procedures were in compliance.
9. Lab data was complete and available for review.
10. Calibration records were available and conducted yearly.
11. The wastewater treatment plant was functioning normally and in good condition.
12. The alarm system was functioning properly.
13. The system has dual disinfection for the reclaim water.
14. Freeboard was observed at an acceptable level.
15. The upset pond was in good condition.
16. The storage pond was observed with maintained vegetation cover.
17. The pond gauges were in good condition.
18. Several of the irrigation fields were observed with erosion, runoff and ponding. This was also noted in
the previous inspection on May 27, 2022.
19. Ruts and compacted soils were observed on spray fields where observed in areas where heavy
equipment traverses for the development of additional irrigation spray fields. It is recommended to
fence or prohibit the fields from being traversed by heavy equipment. It is recommended to stop the
use of irrigation on these fields until the soils are restored for irrigation.
Monitoring, Reporting (Section IV) and Inspections (Section V):
20. Aqua submits monthly NDMR and NDARs on time and accurately. During the review of the monthly
data, the irrigation data for the irrigation fields were not accessible and the data on the NDAR was unable to
be verified.
21. There have been a few violations over the past 12 months for missing parameters and frequency
violations. Please review your permit to confirm the monitoring parameters and the frequency at which they
are collected.
22. The permit, Attachment C, indicates that MW-1, MW-2, MW-3 and MW-4 to be sampled for parameters
at a frequency of three times a year. DWR has not received any monitoring well data (GW-59 forms).
Please submit them as soon as possible.
23. Noncompliance notification: Based on the visual observations, the facility has had ponding and runoff
that has not been reported to the Raleigh Regional Office. According to your permit Section V.12., you are
required to contact us within 24 hours of ponding or runoff from irrigation sites.
24. Maintenance and Inspection Reporting logs were available for review.
General Conditions (Section VI):
25. The facility has paid annual fees in a timely manner.
26. The facility has submitted modifications and renewals in a timely manner.

This report is a notification of the results of the compliance inspection. Within 10-days receipt of this
letter, submit a written response to this office addressing the issues noted in items 18, 19, 21,
and 22 above.

In addition to the above issues, the following violations were noted during the inspection:

Inspection Area Description of Violation
________________________________________________________________________________________________________________________________________________________________
End Use-Irrigation: Several of the fields were observed with pooling, and runoff.
Large ruts, and soil compaction in the spray area were observed, which is adding to the pooling
and runoff.
Visible erosion was also observed in the spray fields.
Wetland type plants were observed on the spray fields which is indicative to
long-term soil moisture.
Failure to notify the Raleigh Regional Office upon noncompliance.
_______________________________________________________________________________________________________________________________________________________________
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB

General Statute (G.S.) 143-215.1 and the facility’s Non-discharge 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 additional information provided. 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.

If you should have any questions, please do not hesitate to contact Dorothy M. Robson with the Water Quality
Regional Operations Section in the Raleigh Regional Office at 919-791-4200.

Sincerely,

Michael Hall, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

ATTACHMENTS: Compliance Inspection Report, Photographs

Cc: NON-DISCHARGE LASERFICHE
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Photograph 1
Runoff from irrigaƟon field

Photograph 2
Erosion around spray head on irrigaƟon field

WQ0028798
Wesƞall WWTP, Chatham Co. 02/02/2024
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Photograph 3
Pooling water in middle of irrigaƟon field
Photograph 4
Ruts from heavy equipment on irrigaƟon field
WQ0028798
Wesƞall WWTP, Chatham Co. 02/02/2024
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Photograph 5
Compressed soils and pooling in irrigaƟon field
Photograph 6
Wetland type plants and pooling in irrigaƟon field
WQ0028798
Wesƞall WWTP, Chatham Co. 02/02/2024
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Compliance Inspection Report
Permit:WQ0028798 Effective:07/06/23 Expiration:02/28/26 Owner :Aqua North Carolina Inc
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Chatham
Raleigh
Lindsay L Mize
Effective:Expiration:Facility:Westfall WWTP
72 Beech Slope Ct
Durham NC 27713
Title:Phone:[phone]Project Engineer
from I-440W take US-64W to NC-751 N in New Hope (about 20 miles), Take R onto 751. Take L onto Hortons Pond Rd., R on
Farrington Rd. (turns into Farrington Point Rd after crossing the lake), L onto Lystra Rd. L onto Westfall Way. Facility on L .
Secondary ORC(s):
Phone:Certification:Primary ORC:
SI,WW2,System Classifications:
On-Site Representative(s):
Related Permits:
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
02/02/2024 10:00AM 12:00PM
Dorothy M Robson 919-791-4241
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Reclaimed Water
Compliance Evaluation
Question Areas:
Treatment Flow Measurement-Effluent Treatment Flow Measurement-Influent Miscellaneous Questions
Treatment Flow Measurement-Water
Use Records
Treatment Treatment Barscreen
Treatment Filters Record Keeping Treatment Lagoons
End Use-Irrigation Treatment Clarifiers Treatment Disinfection
Treatment Flow Measurement Storage Wells
(See attachment summary)
Page 1 of 7
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0028798
02/02/2024 Compliance Evaluation
Aqua North Carolina Inc
Routine
Inspection Summary:
The North Carolina Division of Water Resources conducted an inspection of the Westfall WWTP on February 2, 2024. This
inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in
Non discharge Permit No. WQ0028798. The Compliance Evaluation inspection was conducted by Dorothy M. Robson,
Donald Smith, and Tanvir Pasha with the Division of Water Resources from the Raleigh Regional Office. Aqua staff members,
Wesley Bishop and Zach Cambell assisted DWR with the inspection. DWR wants to thank Mr. Bishop and Mr. Cambell for
their detailed knowledge on the facility and the tour of the facility and irrigation fields.
A summary of the observations and document review noted during the inspection are as follows:
Schedule (Section I of permit):
1. The permit expires on February 28, 2026. As a reminder, please submit a renewal approximately six months prior to the
expiration of the permit.
2. The permit currently covers the construction only of a 8,692-gallon reclaimed water dedication utilization system
consisting of a 4.1-acre spray irrigation area comprised of two new fields, X-5 and N-1, and associated piping, valves,
controls, and appurtenances. As a reminder, you are required to submit engineering certification to certify that the permitted
facility has been constructed. Additionally, you are required to submit a permit modification request to adjust the permitted
flow of the facility.
Performance (Section II):
3. The facility was observed with an operating rain measurement gauge.
4. Reclaim water system was observed with signage, labels and correct color-coded equipment.
5. Permitted setbacks are adhered to at the facility.
Operation and Maintenance (O&M) (Section III):
6. The facility is operated and maintained by Aqua of North Carolina, Inc. Mr. Wesley Bishop and Mr. Zach Cambell are the
on-site ORCs for this facility.
7. A Spill Prevention Plan is located at headquarters, but there was none on-site.
8. Maintenance Logs and Operating Procedures were in compliance.
9. Lab data was complete and available for review.
10. Calibration records were available and conducted yearly.
11. The wastewater treatment plant was functioning normally and in good condition.
12. The alarm system was functioning properly.
13. The system has dual disinfection for the reclaim water.
14. Freeboard was noted at an acceptable level.
15. The upset pond was in good condition.
16. The storage pond was observed with maintained vegetation cover.
17. The pond gauges were in good condition.
18. Several of the irrigation fields were observed with erosion, runoff and ponding. This was also noted in the previous
inspection on May 27, 2022.
19. Ruts and compacted soils were observed on spray fields where observed in areas where heavy equipment traverses for
the development of additional irrigation spray fields. It is recommended to fence or prohibit the fields from being traversed by
heavy equipment. It is recommended to stop the use of irrigation on these fields until the soils are restored for irrigation.
Monitoring, Reporting (Section IV) and Inspections (Section V):
20. Aqua submits monthly NDMR and NDARs on time and accurately.
21. There have been a few violations over the past 12 months for missing parameters and frequency violations. Please review
your permit to confirm the monitoring parameters and the frequency at which they are collected.
22. The permit, Attachment C, indicates that MW-1, MW-2, MW-3 and MW-4 to be sampled for parameters at a frequency
of three times a year. DWR has not received any monitoring well data (GW-59 forms). Please submit them as soon as
possible.
23. Noncompliance notification: Based on the visual observations, the facility has had ponding and runoff that has not been
reported to the Raleigh Regional Office. According to your permit Section V.12., you are required to contact us within 24
hours of ponding or runoff from irrigation sites.
General Conditions (Section VI):
24. The facility has paid annual fees in a timely manner.
Page 2 of 7
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0028798
02/02/2024 Compliance Evaluation
Aqua North Carolina Inc
Routine
25. The facility has submitted modifications and renewals in a timely manner.
This report is a notification of the results of the compliance inspection. Within 10-days receipt of this letter, submit a written
response to this office addressing the issues noted in items 1, 3, 4, and 5 above.
In addition to the above issues, the following violation was noted during the inspection:
Inspection Area Description of Violation
___________________________________________________________________________________________________
End Use Irrigation: Several of the fields were observed with pooling, and runoff.
In addition, heavy equipment is traversing over the spray fields and compacting the soils as well as
leaving ruts, which is adding to the pooling and runoff.
Visible erosion was also observed in the spray fields.
Wetland type plants were observed on the spray fields which is indicative to long-term soil
moisture.
Failure to notify the Raleigh Regional Office upon noncompliance.___________________________________________________________________________________________________
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 Non discharge 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 additional information provided. 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.
Page 3 of 7
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0028798
02/02/2024 Compliance Evaluation
Aqua North Carolina Inc
Routine
Type Yes No NA NE
Reuse (Quality)
Infiltration System
Lagoon Spray, LR
Single Family Spray, LR
Activated Sludge Spray, HR
Activated Sludge Spray, LR
Activated Sludge Drip, LR
Recycle/Reuse
Single Family Drip
Treatment Yes No NA NE
Are Treatment facilities consistent with those outlined in the current permit?
Do all treatment units appear to be operational? (if no, note below.)
No issues with treatment plantComment:
Treatment Flow Measurement-Influent Yes No NA NE
Is flowmeter calibrated annually?
Is flowmeter operating properly?
Does flowmeter monitor continuously?
Does flowmeter record flow?
Does flowmeter appear to monitor accurately?
NoneComment:
Treatment Flow Measurement-Water Use Records Yes No NA NE
Is water use metered?
Are the daily average values properly calculated?
Meter is properly calibratedComment:
Treatment Flow Measurement-Effluent Yes No NA NE
Is flowmeter calibrated annually?
Is flowmeter operating properly?
Does flowmeter monitor continuously?
Does flowmeter record flow?
Does flowmeter appear to monitor accurately?
Effluent flow properly calibratedComment:
Treatment Barscreen Yes No NA NE
Is it free of excessive debris?
Page 4 of 7
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0028798
02/02/2024 Compliance Evaluation
Aqua North Carolina Inc
Routine
Is disposal of screenings in compliance?
Are the bars spaced properly?
Is the unit in good condition?
NoneComment:
Treatment Clarifiers Yes No NA NE
Are the weirs level?
Are the weirs free of solids and algae?
Is the scum removal system operational?
Is the scum removal system accessible?
Is the sludge blanket at an acceptable level?
Is the effluent from the clarifier free of excessive solids?
NoneComment:
Treatment Filters Yes No NA NE
Is the filter media present?
Is the filter media the correct size and type?
Is the air scour operational?
Is the scouring acceptable?
Is the clear well free of excessive solids?
Is the mud well free of excessive solids and filter media?
Does backwashing frequency appear adequate?
NoneComment:
Treatment Disinfection Yes No NA NE
Is the system working?
Do the fecal coliform results indicate proper disinfection?
Is there adequate detention time (>=30 minutes)?
Is the system properly maintained?
If gas, does the cylinder storage appear safe?
Is the fan in the chlorine feed room and storage area operable?
Is the chlorinator accessible?
If tablets, are tablets present?
Are the tablets the proper size and type?
Is contact chamber free of sludge, solids, and growth?
If UV, are extra UV bulbs available?
If UV, is the UV intensity adequate?
# Is it a dual feed system?
Page 5 of 7
Yes No NA NE
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0028798
02/02/2024 Compliance Evaluation
Aqua North Carolina Inc
Routine
Does the Stationary Source have more than 2500 lbs of Chlorine (CAS No. 7782-50-5)?
If yes, then is there a Risk Management Plan on site?
If yes, then what is the EPA twelve digit ID Number? (1000-____-____)
If yes, then when was the RMP last updated?
NoneComment:
Record Keeping Yes No NA NE
Is a copy of current permit available?
Are monitoring reports present: NDMR?
NDAR?
Are flow rates less than of permitted flow?
Are flow rates less than of permitted flow?
Are application rates adhered to?
Is GW monitoring being conducted, if required (GW-59s submitted)?
Are all samples analyzed for all required parameters?
Are there any 2L GW quality violations?
Is GW-59A certification form completed for facility?
Is effluent sampled for same parameters as GW?
Do effluent concentrations exceed GW standards?
Are annual soil reports available?
# Are PAN records required?
# Did last soil report indicate a need for lime?
If so, has it been applied?
Are operational logs present?
Are lab sheets available for review?
Do lab sheets support data reported on NDMR?
Do lab sheets support data reported on GW-59s?
Are Operational and Maintenance records present?
Were Operational and Maintenance records complete?
Has permittee been free of public complaints in last 12 months?
Is a copy of the SOC readily available?
No treatment units bypassed since last inspection?
The irrigation records were complicated and difficult to evaluate if the data recorded on NDARs
is accurate. Such complexity alows room for error and if the data is not reproducable, there is
no way to verify if the permitted application rates are adhered to.
Comment:
End Use-Irrigation Yes No NA NE
Are buffers adequate?
Page 6 of 7
Yes No NA NE
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0028798
02/02/2024 Compliance Evaluation
Aqua North Carolina Inc
Routine
Is the cover crop type specified in permit?
Is the crop cover acceptable?
Is the site condition adequate?
Is the site free of runoff / ponding?
Is the acreage specified in the permit being utilized?
Is the application equipment present?
Is the application equipment operational?
Is the disposal field free of limiting slopes?
Is access restricted and/or signs posted during active site use?
Are any supply wells within the CB?
Are any supply wells within 250' of the CB?
How close is the closest water supply well?
Is municipal water available in the area?
# Info only: Does the permit call for monitoring wells?
Are GW monitoring wells located properly w/ respect to RB and CB?
Are GW monitoring wells properly constructed, including screened interval?
Are monitoring wells damaged?
Several of the fields were observed with pooling, and runoff. In addition, The soils are
compacted and rutted from heavy equipment, which is adding to the pooling and runoff.
Visible erosion was also observed in the spray fields. In addition, wetland type plants were
observed on the spray fields which is indicative to longterm soil moisture. Active spray fields
should not have heavy equipment crossing over them. In addition, there should be no
irrigation on compacted soils.
Comment:
Page 7 of 7
Yes No NA NE
DocuSign Envelope ID: DE9BABF6-A4E1-44CC-AFE7-C543B3FFD3FB