NC0065480_LV20160110_20160607

/-
ACC PAT MCCRORY
Govatmor
DONALD R. VAN DER VAART
Secretary
Water Resources
ENMlRONMENTALQUALITY S. JAY ZIMMERMAN
Director
Certified Mail#7013 2630 0002 1133 6648
Return Receipt Requested
June 07,2016 RECEIVEDINCDEQIDWR
JUN 17 2016
Thomas J Roberts
Aqua North Carolina Inc Water
()Laity
cion
202 Mackenan Ct Permitting
Cary,NC 27511
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-2016-0110
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,117.25 ($1,000.00 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 February 2016. 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 February 2016,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(aX2), 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

$375.00 3 of the 3 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.
$0.00 0 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 Daily Maximum for NH3-N-Conc.
$625.00 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.
$1,000.00 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$1,117.25 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

'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: h
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
1601 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,
J. H. Gregson,Regional Supervisor
4
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 REOUEST
Case Number: LV-2016-0110 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0065480 Amount Assessed: $1,117.25
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(Le., 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 W WTP )
)
PERMIT NO.NC0065480 ) CASE NO. LV-2016-0110
Having been assessed civil penalties totaling$1,117.25 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated June 07,2016 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-2016-0110
PERMIT: NC0065480 REGION: Wilmington
FACILITY: Beau Rivage Plantation WWTP COUNTY: New Hanover
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 -Effluent
Violation Report Unit of Limit Calculated %Over Violation Penalty
Date Month/Yr Parameter Frequency Measure Value Value Limit Type Amount
2/17/2016 2-2016 Enterococci,colony Weekly cfu/100m1 276 2420 776.8 Daily Maximum $125.00
forming units Exceeded
2/24/2016 2-2016 Enterococci,colony Weekly cfu/100m1 276 2420 776.8 Daily Maximum $125.00
forming units Exceeded
2/29/2016 2-2016 Enterococci,colony Weekly cfu/100m1 276 1047 279.3 Daily Maximum $125.00
forming units Exceeded
2/29/2016 2-2016 Enterococci, colony Weekly cfu/100m1 35 202.80 479.5 Monthly $625.00
forming'units Geometric
Mean
Exceeded
2/17/2016 2-2016 Nitrogen,Ammonia Weekly mg/I 35 36.70 4.9 Daily Maximum $0.00
Total(as N)- Exceeded
Concentration

PAT MCCRORY
DONALD R. VAN DERV.AA,RT
swan
4Varerl esourc, s
E VOIONMEHiAL tielAtarY . SAY:zIgItiER31 AN
Matter
Certified Mail # 7013 2630 0002 1133 7096
Return Receipt Requested
May 9, 2016
Thomas J Roberts, & COO President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0255 r� — u li
Permit No. NC0065480
Beau Rivage Plantation WWTP
New Hanover County
Dear Permittee:
A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent Enterococci, colony forming 2/17/2016 276 2,420 Daily Maximum Exceeded
units (61211)
001 Effluent Nitrogen, Ammonia Total (as 2/17/2016 35 36.7 Daily Maximum Exceeded
N) - Concentration (C0610)
001 Effluent Enterococci, colony forming 2/24/2016 276 2,420 Daily Maximum Exceeded
units (61211)
001 Effluent Enterococci, colony forming 2/29/2016 35 202.84 Monthly Geometric Mean Exceeded
units (61211)
001 Effluent Enterococci, colony forming 2/29/2016 276 1,047 Daily Maximum Exceeded
units (61211)
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 28405
910-796-7215

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 orkfails
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 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. 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.
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 induding 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:
htto://portal.ncdenr.org/web/wq/admin/bog/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,
Regional Ja H. Gregson, Peisor
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 I Environmental Quality I Water Resources
127 Cardinal Drive Extension,Wilmington,North Carolina 22405
910-796-7215

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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-2016-0110
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 violation; _ d
Cor
2) The duration and gravity of the violation; t rx2 V'/L
„ -
3) 4'a effec on ground or sur ace w r quantity or qua i or on air qua'ty;
4) The cost of rectifying the damage;
61"-1112uyr-.
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.
$117.25
240/
Date Ja .Gregson,Regio al Supervisor
Wate I uality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ

EFFLUENT
li
NPDES PERMIT NO. NC0065480 DISCHARGE NO. NI MONTH February YEAR. 221¢
FACILITY NAME Bean Rivage CLASS E COUNTY NEW HANOVER,
CERTIFIED LABORATORY(1) Envirochan CERTIFICATION NO. 94
(list additional labotamries on the batide/page 2 of this form)
OPERATOR IN RESPONSIBLE CHARGE(ORC)_Eric Youngs GRADE I[ CERTIFICATION NO. 996010
PERSON(S)COLLECTING SAMPLES •c Ym klm Fields ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED NO FLOW I DISCHARGE FROM BITE• U
Mail ORIGINAL and ONE COPY to: Z �P
ATTN:CENTRAL ERRS I a -'-- -� / 2�(
DIVISION OF WATER QUALITY " -
'FI q I- •..-w7 y.: I' `731'11%.,roc i'rl•i- .7
•
1617 MAILSERVRECI CINDER T®
8 SIGNATURE,I CERTIFY THATHATTIREP0n S
RALEIGH,NC 27699.1617 ACCURATE •
Arm OW PLETETOTHEMITOFMT RNOWLED C
s00sa800 peel* DD4061
g 11
0 1 00310 691 ' sew min sons 00600 seas
€g ; FLOW
is . it
$$(F . ii < ° o 'dieldeelles 1Iio I; RECEIVED
r. "0 1ea Ras MIN MGD ° _C :t UNITS se& MCO. MGM 9/140.1 MCG. M & MGIL APR 0 4 2016
9( 9 `i : :: -4.-: O.oss . /t a1 FILES
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v2{ 11:30 1 Y 0.089 18.0 7.3 9 9.5 2.8 2 6.3 29.5 9.08`' CE,•N�TRAL FILES
1 .920- y - .:Y 0.091 _ .. .. D•`R SECTION
4 1190 1 N 0:07220.3 7.8 10 _ 6.6
?8-SO 2 �`:.".Y 0.092 16 - . - 1
8 N 0:092' . _
8 13:30 2 V -0:081
'9 1220 2 :. .'Y.'" 0.075 ;del - 7 1..1 ' 4*8 . 4 'd0 - a : .5A - -
10 11:30 2 Y 1.0.076- 25 •�
6i.1090 7 Y 0.080 - _ -
-
-
12 9:30 2 Y 0.093 15
.. .
14 N 0.090
18 14:00 1 Y 0.080
£! 9:30 `-1" r . o.0e9,_ bi:O .; 7.A.i3.F k-- . : .., 4`f0 v4,:si.cie tri .;;`*••t• _ frx.re
18 1200 1.5 V 0.08231
IS'Y 1640 1 _`Y . 0.074. . 46 .
10 N 0.085 _..
- -N . 0.078 .; :.
22 10:40 1 Y 0.066
.'..9'90 7.., _.'.V .0..113 _ i :•.'r
1099 1 Y 0.061 21.0 7.5 ' 18 21.1 Q.8 >2420 5.6
'i133b. .it :N Y- : 8;974' .� -k'
28 10:30 1 Y 0.075 34 -, x-"
N 0.094
It . , fir.' 1iI/ ` . _ i i , ii ie ' r r''.
30
.. ,.„
Average 0.079 19.7 22 .13.3 17.8 1.6 202.6, 59 29.50 998
`..'2 Maliimuo'.' ` 0094 2113 - :7.8 34. _ lies 38:7 8.8 >2ATo: 83 -2930 9.084
Minimum 0.056 190 7.3 10 9.0 4.0 Cl 2.0 52 29.50 001.
Month linkels:gs 131p6 30 nits se 0110 30moa 351100 >5np0
ti 0 135 .'Masa ssngA"_emelt awns.?6' .:ik''a
oWQF91I MR-I(11A4)

• Facility Status:(Please cheek one of the following)
All monitoring data and sampling frequencies meet permit requirements
(including weekly averages,if applicable)
Compliant
All monitoring data and sampling frequencies do NOT meet permit requirements X
Noncompliant
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially
threatens public health or the env romnent Any information shall be provided orally within 24 hours from the time the
permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes await of the circumstances.
If the facility is noncompliant,please pttscit a list of corrective actions being taken and a time-table for
improvements to be made as required by Part ILEA oldie NPDES permit.
"I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified pummel properly gather and evaluate the information
submitted Based on my inquiry of the person or persons who managed the system,or those persons directly responsible
for gathering the information,the Information submitted is,to the best of my knowledge and belies;true,accurate,and
complete. I am aware that there are significant penalties for submitting false information,including the possibility of
fines and imprisonment for knowing violations?'
AQUA,NC
Permittee (flee print or type)
td—e 3,25//4
S of Permittee ' Date
(Required unless submitted electronically)
251 Merchants Circle,Hampstead,NC.28443 [phone] con 12/31/16
Pamin=Address Phone Number email address Penult Expiration Dale
ADDPfIONAL CERTIFIED LABORATORIES
Certified laboratory'(2) Certification No.
Certified Laboratory(3) Certification No.
Certified Laboratory(4) Certification No.
Certified Laboratory(5) Certification No.
PARAMETER CODES
Parameter Code assistance maybe obtained by calling the NPDES Unit at(919)807-6300 or by visiting
httpi/portal.ncdem aghrob/wq/swp/painpdalappfamn
Use only units of measaemeat designated in the reporting facility's NPDES permit for reporting data.
* No Flowie seharge From Mr Cheek this box if no discharge occros and,as a result,there are no data to be
entered for all oft the paremetas on the DMR for the entire monitoring period.
** ORC On sitar:. ORC must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
*"signature of Permitter If signed by other than the pamittee,then the delegation of the signatory authority must be at
file with the state per I 5A NCAC 2B.0506(bX2XD).
Page 2

. , e
-
•
BEAU RIVAGE WWTP
N0006548O
NON-COMPLIANT DMR
February 2015
The Beau Rivage WWTP was non-compliant during the month of February 2016. The daily
limit for Enterococci was exceeded February 17th,24*and 29x'and the daily limit for ammonia
nitrogen was exceeded on the 2/17 sample.The operator could not find a specific incident;that
should have created this exception but is adjusting a number of operation parameters improve
the operation. We have been periodically been making some adjust to the pH & alkalinity &
believe that may be helping some. We have also made adjustments to the air to maintain better
consistency with the DC) &are continuing to monitor this process as we are seeing some foam
development.We are closely reviewing the chlorine feed&have increased rates to help offset
any potential issues with the treatment process. Additional process testing is being done to
better track the daily operations.