NC0050610_LV20150272_20151216

Wa ter Resources
ENVIRONMENTAL QUALITY
December 16, 2015
CERTIFIED MAIL #7013 1710 0002 1922 3184
RETURN RECEIPT REQUESTED
Jadd Wesley Brewer
PAT MCCRORY
Gover "r
DONALD R. VAN DER VAART
Seeremri,
S. JAY ZIMMERMAN
Director
RECEIVEDIDENRIDWR
Water Quality Utilities DEC 2 2 2015
PO Box 1167
Banner Elk, NC 286041167 Vllater Quality
Permitting Sedlon
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 NCO050610
Water Quality Utilities
The Ponds WWTP
Case No. LV -2015-0272
Watauga County
Dear Mr. Brewer:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,618.32
($1,450.00 civil penalty + $ 168.32 enforcement costs) against the Water Quality Utilities.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring
report (DMR) submitted by the Water Quality Utilities for the month of June 2015. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES
Permit NC0050610. The violations, which occurred in June 2015, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the Water Quality Utilities violated the terms,
conditions or requirements ofNPDES Permit NCO050610 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, Sherri V Knight, PE, Division of Water Resources Regional Supervisor for the Winston-Salem
Region, hereby make the following civil penalty assessment against the Water Quality Utilities:
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone- 336-776.98001 Intemet: www nedenr.gov

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. 14313-282.1(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 Environmental Quality (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:
I of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$ 250.00
NC0050610, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for BOD - Conc.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$ 250.00
NC0050610, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for NH3-N - Conc.
1 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$ 250.00
NC0050610, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average limit for TSS - Conc.
4 of the 6 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$ 400.00
NC0050610, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for BOD - Conc.
0 of the 1 violations of G.S. 143-215.l(a)(6) and NPDES Permit No.
$ 0.00
NC0050610, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for NH3-N - Conc.
3 of the 4 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
$ 300.00
NC0050610, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for TSS - Conc.
$ 1450.00
TOTAL CIVIL PENALTY
$ 168.32
Enforcement Costs
$ 1618.32
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. 14313-282.1(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 Environmental Quality (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 DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
:0]:1
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 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 14313-282.1(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 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 DEQ / DWR / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
K'
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 DEQ as follows:
Sam M. Hayes, General Counsel
Department of Environmental Quality
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 me at 336-776-9800.
Sincerely,
Sherri V. Knight, PE, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
Attachments
cc: WSRO Files w/attachments
Central Files w/Attachments
PSB tiPDES - Charles �N eaver

ATTACHMENT A
Water Quality Utilities
CASE NUMBER. LV -2015-0272
PERMIT: NCO050610 FACILITY: The Ponds WWTP COUNTY: Watauga REGION: Winston-Salem
Limit Violations
PENALTY
MONITORING
REPORT
OUTFALL /
PPI
LOCATION
PARAMETER
VIOLATION
DATE
FREQUENCY
UNIT OF
MEASURE
LIMIT
CALCULATED
VALUE
% OVER
LIMIT
VIOLATION TYPE
$0.00
6-2015
001
Effluent
BOD - Cone
6/11/15
Weekly
mg/I
750
8.10
8.0
Daily Maximum Exceeded
$100.00
6-2015
001
Effluent
BOD - Cone
6/18/15
Weekly
mg/1
7.50
1490
987
Daily Maximum Exceeded
$10000
6-2015
001
Effluent
BOD - Cone
6/24/15
Weekly
mg/1
7.50
3230
330.7
Daily Maximum Exceeded
$0.00
6-2015
001
Effluent
BOD - Cone
6/25/15
Weekly
mg/l
7.50
830
107
Daily Maximum Exceeded
$100.00
6-2015
001
Effluent
BOD - Cone
6/29/15
Weekly
mg/1
750
22
1933
Daily Maximum Exceeded
$100.00
6-2015
001
Effluent
BOD - Cone
6/30/15
Weekly
mg/1
7.50
1340
78.7
Daily Maximum Exceeded
$25000
6-2015
001
Effluent
BOD - Cone
6/30/15
Weekly
mg11
5
1510
201.7
Monthly Average Exceeded
$0.00
6-2015
001
Effluent
NH3-N - Cone
6/24/15
Weekly
mg/I
10
10.30
3.0
Daily Maximum Exceeded
$25000
6-2015
001
Effluent
NH3-N - Cone
6/30/15
Weekly
mg/l
2
5.50
1752
Monthly Average Exceeded
$100.00
6-2015
001
Effluent
TSS - Cone
6/18/15
Weekly
mg/I
15
23
53.3
Daily Maximum Exceeded
$100.00
6-2015
001
Effluent
TSS - Cone
6/24/15
Weekly
mg/1
15
33
120.0
Daily Maximum Exceeded
$100.00
6-2015
001
Effluent
TSS - Cone
6/25115
Weekly
mg/1
15
25
66.7
Daily Maximum Exceeded
$0.00
6-2015
001
Effluent
TSS - Cone
6/30/15
Weekly
mg/I
15
17
133
Daily Maximum Exceeded
$25000
6-2015
001
Effluent
TSS - Cone
6/30/15
Weekly
mg/1
10
16.60
657
Monthly Average Exceeded

STATE OF NORTH CAROLINA
COUNTY OF WATAUGA
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Water Quality Utilities
PERMIT NO. NCO050610
DEPARTMENT OF ENVIRONMENTAL QUALITY
REQUEST FOR REMISSION
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. LV -2015-0272
Having been assessed civil penalties totaling $ 1618.32 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated 12/16/2015, 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
ADDRESS
TELEPHONE
SIGNATURE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV -2015-0272 County: Watauga
Assessed Party: Water Quality Utilities
Permit No. NC0050610 Amount Assessed: $ 1618.32
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. § 14313-282.1(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 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 ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF WATAUGA DWR Case Number LV -2015-0272
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
WATER QUALITY UTILITIES )
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.

This the
day of
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE( )