NC0065480_LV20160074_20160316

FAT MCCRORY
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DONALD R. VAN DER 5'AART
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WareI'Resout ce,S J i 5 L'<�ti�il=1't': i'*
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Certified Mail# 7014 2120 0000 8057 9679
Return Receipt Requested
March 16, 2016
RECEIVED/NCDEQ/DtWR
Thomas J Roberts
Aqua North Carolina Inc MAR 21 2O1n
202 Mackenan Ct Water Ca NC 27511Qua•ity
'� PPermitting Section
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 WW Permit No. NC0065480
Aqua North Carolina Inc
Beau Rivage Plantation WWTP
1 Case No. LV-2016-0074
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$817.25 ($700.00 civil penalty--
$117.25 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 November 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0065480. The
violations,which occurred in November 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 WW 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 Environmental Quality 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:
State of North Carolina i Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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 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 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 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:
Wastewater Branch
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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1 601 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 Wilmington
Regional Office at(910) 796-7215 or via email at [e-mail].
Sincerely,
Jameskl. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office- Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0074 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0065480 Amount Assessed: $817.25
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 ENVIRONMENTAL QUALITY
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-2016-0074
Having been assessed civil penalties totaling$817.25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated March 16, 2016,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-2016-0074
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
$100.00 11-2015 001 Effluent Enterococci 11/4/15 Weekly cfu/100m1 276 2420 776.8 Daily Maximum Exceeded
$100.00 11-2015 001 Effluent Enterococci 11/10/15 Weekly cfu/100m1 276 1200 334.8 Daily Maximum Exceeded
$500.00 11-2015 001 Effluent Enterococci 11/30/15 Weekly cfu/100m1 35 41.30 17.9 Monthly Geometric Mean 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-2016-0074
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 violationn; _ ,
C Y
2) The duration and gravity of the violation;
f / s .J�.t.
3) The effect on ground or surface water quantity oar _quality or onCair quality;
(�/ 1..."4•2c .r -
4) The cost of rectifying the damage;
p2.4....--'4' 2,-:4-4,:—.
1
5) The amount of money saved by noncompliance;
/,
6) Whether the violation was committed willfully or intentionally;
r
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
A^,_[:.•-' ? .,'i (. �i_i.-1 ',a.'i..C.L,`i... 2't,'1 .�-�'4- '-i_C4..�.�,r c ;/J 1^ ( .. ,
8) The cost to the State of the enforcement procedures.
$117.25
IA
DateJams H.Gregson,Regio al Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ

PAT MCCRORY
AC
DONALD R. VAN DER V AAR T
Sec:tre-,
Water Resources JAY hAri��..4.Nre.,.crt,KL ,, S
S. 7 1 1- ZIMMERMAN
Drtnp-
Certified Maai # 7014 2120 0000 8057 9471
Return Receipt Requested
January 12, 2016
Thomas 3 Roberts, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT: ,N.0TICE OF VIOLATI.,Rl & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0038
Permit No. NC0065480
Beau Rivage Plantation WWTP
New Hanover County
Dear Permittee:
A review of the November 2015 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Lxceedance Violation(s)):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Enterococci, colony forming 11/4/2015 276 2,420 Daily Maximum Exceeded
units (61211)
001 Effluent Enterococci, colony forming 11/10/2015 276 1,200 Daily Maximum Exceeded
units (61211)
001 Effluent Enterococci, colony forming 11/30/2015 35 41.28 Monthly Geometric Mean Exceeded
units (61211)
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.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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. IIf 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.
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 hours, 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.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wq/adminlbog/ipu/edmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
Jaren H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
•
State of North Carolina ( Environmental Quality(Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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2. Article Number
(Transfer from service labeq 7 014 2120 0000 8057 9471
PS Form 3811,July 2013 Domestic Return Receipt

EFFLUENT
NPDES PERMIT NO. NC0065480 DISCHARGE NO. 001 MONTH November YEAR 2015
FACILITY NAME Beau Rivage CLASS 11 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)_Eric Youngs GRADE III CERTIFICATION NO._996010_
PERSON(S)COLLECTING SAMPLES Eric Youngs/Kirklyn Fields ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED I I NO FLOW/DISCHARGE FROM SITE*
Mail ORIGINAL and ONE COPY to: r.,e; `yam" 77_
ATTN:CENTRAL FILES x �`
DIVISION OF WATER QUALITY (SIGNATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
1617 MAIL SERVICE CENTER BY THIS SIGNATURE,I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
d 50050.000 00010 00400 50060 00310 00610 00530 61211 00300 00600 00665
Y E : FLOW w az z o v E o Z co
as l .t t EFF ® ft
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0 ~ disinfection w ,
HRS HRS YB/N MGD ° C UNITS ug/L MG/L MG/L MG/L #11I00m1 MG/L MG/L MG/L
1 N 0.077
2 11:00 1 Y 0.079
3 13:10 1 Y 0.087
4 13:00 1 Y 0.083 24.0 7.5 30 12 19.1 3.3 >2420 5.9 /,
•i r
5 13:30_ 1 Y 0.071 28
6 14:00 1 Y 0.089 • , -
7 N 0.082
8 N 0.086
9 13:00 1 ! Y 0.081
10 12:40 1 Y 0.084 23.0 7.4 25 6 6.6 <2.7 1200 5.8
11 12:15 1 Y 0.069 30 ,
12 13:15 1 Y 0.084
13 11:30 1 Y 0.062
14 N 0.098
15 N 0.130
16 15:50 1 Y 0.076 - •
17 15:10 1 Y 0.056
18 10:00 1 Y 0.098 22.0 7.4 35 4 0.4 2.9 <1 6.0
i
19 15:00, 1 N 0.071
20 10:15 1 Y 0.083 32
21 N 0.083
22 N 0.083
23 11:00 1 Y 0.078 ( -
24 11:30 1 Y 0.099 22.0 7.5 40 3 3.5 <2.7 <1 5.9 r .-
25 14:20 1 Y _ 0.052 36 - - <; `'
26 7:20 1 Y 0.074 eq)
;vm
27 6:30 1 Y 0.086 "``'
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28 N 0.086 `c
29 N 0.086 _ Y .. `o
30 15:00 1 Y 0.071 ``,'
31
Average 0.081 22.8 32 6.3 7.4 1.6 41.3 5.9 #DIV/0! #DMO!
Maximum 0.130 24.0 7.5 40 12.0 19.1 3.3 >2420 6.0 0.00 0.00
Minimum 0.052 22.0 _ 7.4 25 3.0 0.4 <2.7 <1 5.8 0.00 0.00
Comp(C)/Grab(G) G G G C C C G G C C
'
Monthly Limit >6.81.58.5 13 ugh 30 mgmg/120 mg/I 30 mg/ 35/100 >5 mg/
Daily Limit 13 ugh 45 mgA 35 mgA 45 mg/1 276/100 >5 mgA
DWQ Form MR-1(11/04)

NC0065480
NON-COMPLIANT DMR
November 2015
The Beau Rivage WWTP was non-compliant during the month of November. The daily limit
for Enterococci was exceeded November 4th and 10th 2015, resulting in exceedance of the
monthly limit. There was over 5 inches of rain that week, this decreased the chlorine contact
time and increased the chlorine demand. The extra flow caused extra turbulence and an
increase in pin-flock. This affected the plant into the following week. The results for the rest of
November are well within the limits.
Eric Youngs, ORC
Don Williams
Coastal Area Manager
AQUA, NC

•
;IA\
Thomas J.Roberts,President and Chief Operating Officer
0:919.653.5770 o F:919.460.1788 a [e-mail]
February 3, 2016
Mr. James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
DWR, Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Beau Rivage Plantation WW TP Notice of Violation and Intent to Assess Civil Penalty
New Hanover County. Permit No. NC0065480,Tracking No. NOV-2016-LV-0038
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 violations that occurred in November 2015:
Response:
Because of our concern over chlorine contact time,Aqua changed to a peristaltic chemical feed
pump in 2015 which has allowed us to achieve a more constant feed rate of chlorine. Also, the
operator has performed evaluations with feed rates and enterococci counts in order to achieve the
feed rate needed. Aqua has also identified a slightly marginal increase in flow as a result of
inflow and infiltration. The increased flow in particular at peak times has created a challenge for
this single train plant. We are evaluating the potential benefits for performing a Sanitary Sewer
Evaluation Survey(SSES)concurrently while we address the chlorine contact time concerns.
Aqua retained John Phillips, PE in 2015 to redesign the Beau Rivage treatment facility and has
completed the preliminary designs. From these designs, Aqua has reviewed several options and is
currently considering which works best for the system. One consideration under review until
plant expansion and re-design has occurred is to move the de-chlorination further away from the
chlorination point of injection so as to achieve greater chlorine contact time. We are optimistic
that our short term plans will be effective until the long term plan of plant re-design and
expansion is complete.
If you have any questions or comments, please do not hesitate to contact Don Williams at(910)270-
1412.
sin :ly,
•
Thomas J. R erts
President an COO
TJR/rl
cc: Don Williams
202 MacKenan Court Cary,NC 27511 a AquaAme ca.com E
Moses Thompson
Michael Melton

PAT MCCRORY
• .
DONALD R. VAN L.F. VAART
Water Resoul r ti,c JAY
Certified Mail#7014 2120 0000 8057 9679
Return Receipt Requested
March 16,2016
RECEIVED/NCDEQ/DVVR
Thomas J Roberts
Permitting
Aqua North Carolina Inc MAR 2 1 2010
202 Mackenan Ct
Cary,NC 27511 Water Quality
Section
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 WW Permit No. NC0065480
Aqua North Carolina Inc
Beau Rivage Plantation WWTP
Case No. LV-2016-0074
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$817.25 ($700.00 civil penalty--
$117.25 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 November 2015. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0065480. The
violations,which occurred in November 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 WW 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 Environmental Quality 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:
State of North Carolina Environmental Quality Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

$200.00 2 of the 2 violations of 143-215.1(a)(6)and Permit No.NC0065480. by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for Enterococci.
$500.00 1 of the 1 violations of 143-215.1(a)(6)and Permit No.NC0065480, by discharging waste water into
the waters of the State in violation of the Permit Monthly Geometric Mean for Enterococci.
$700.00 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$817.25 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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617