NC0086142_LV-2010-0114_20100426

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ACIA
NCDENR
North Carolina Department of Environment and Natural Resources -
Division of Water Quality i
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
. April 26, 2010
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CERTIFIED MAIL 7008 1140 0002 2716 8328
RETURN RECEIPT REQUESTED
Mr. Thomas J. Roberts, President
Aqua North Carolina, Inc.
202 Mackenan Court
Cary,North Carolina 27511
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1(a)(6) and NPDES Permit No. NCO086142
Oakley Park WTP
Gaston County
4 Case No. LV-2010-0114
Dear Mr. Roberts: _ - '• _ '
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This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $522.87 -
($437.50 civil penalty+ $85.37 enforcement costs) against Aqua North Carolina, Inc.
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This assessment is based upon the following facts: A review has been conducted of the self-monitoring
data reported for January. This review has shown the subject facility to be in violation of the discharge
limitations found in NPDES Permit No. NC0086142. The violations are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of law that Aqua North Carolina, Inc. violated the
terms, conditions, or requirements of NPDES Permit No.NCO086142 and North Carolina General Statute
(G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil penalty maybe assessed in •;•x=
p accordance with the maximums established by G.S. 143-215.6A(a)(2). ,�
Based upon the above findings of fact and conclusions of law, and in accordance with authority
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provided by the Secretary of the Department of Environment and Natural Resources and the Director of the
K Division of Water Quality, I, Marcia Allocco, Acting Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina, Inc.
Mooresville Regional Office '
w ... Location:610 East Center Ave..Suite 301 Mooresville,NC 28115 one
Phone:[phone] Fax:[phone] Customer Service: 1-877-623-6748 NorthCarolina
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$ 125.00 For_1 of the one (1) violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0086142, by discharging waste into the
waters of the State in violation of the permit daily maximum
effluent limit for total suspended solids.
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$ 312.50 For_1_of the one (1)violation of G.S. 143-215.1(a)(6) and
NPDES Permit No. NC0086142, by discharging waste into the
waters of the State in violation of the permit monthly average �q
effluent limit for total suspended solids.
$ 437.50 TOTAL CIVIL PENALTY
$ 85.37 Enforcement costs.
$ 522.87 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 to01
private property resulting from the violations;
(2) The duration and gravity of the violations; �tlry
(3) The effect on ground or surface water quantity or quality or on air quality; A
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were 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 V�
(8) The cost to the State of the enforcement procedures. a
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 Environment and Natural
Resources (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:
Point Source Compliance/Enforcement Unit !;
Division of Water Quality
1617 Mail Service Center y.
Raleigh,North Carolina 27699-1617 :
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2. Submit a written request for remission including a detailed justification for such request:
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JUSTIFICATION FOR REMISSION REOUEST
A
DWQ Case Number: LV-2010-0114
Assessed Party: Aqua North Carolina, Inc.
County: Gaston
Permit Number: NCO086142
Amount Assessed: $522.87
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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 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
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 enalty 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: (use additional pages as necessary)
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ATTACHMENT A
CASE NO. LV-2010-0114
Outfall Date Parameter Reported Value Permit Limit
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001 1/11/10 TSS * 173 mg/1 45 mg/l (daily maximum)
001 1/2010 TSS * 92 mg/1 30 mg/1 (monthly average)
x Denotes civil penalty assessment

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF GASTON
I THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST } ADMINISTRATIVE HEARING AND
AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS
PERMIT NO. NCO086142 )
FILE NO. LV-2010-0114
Having been assessed civil penalties totaling S 522.87 for violation(s) as set forth in the assessment
document of the Division of Water Quality dated April 26,2010, the undersigned, desiring to seek remission of
the civil penalties, 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 Quality within 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 52010
BY
ADDRESS
TELEPHONE

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 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 =..f
a request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation 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 off
Water Quality at the address listed below. In determining whether a remission request will be r
approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
k 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 information presented in support of your request for remission must be
submitted in writing. The Director of the Division of Water Quality will review your evidence
and inform you of his decision in the matter of your remission request. The response will
provide details regarding 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"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 Quality also requests that you complete and submit the enclosed
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"Justification for Remission Request." Both forms should be submitted to the following address:
Point Source Compliance/Enforcement Unit ;
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y Division of Water Quality
1617 Mail Service Center ' `++
Raleigh,North Carolina 27699-1617
OR 4
3. File a petition for an administrative hearing with the Office of Administrative Hearings: 4f • x
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.
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You must file the petition with the Office of Administrative Hearings within thirty(30) days of receipt r
.F. .. of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
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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 k_
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 §15013-23.2) 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 y '
Raleigh,NC 27699-6714
Tel: [phone]
�'- Fax: [phone]
One (1)copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel r
DENR ,-
1601 Mail Service Center
Raleigh,NC 27699-1601 <.
' Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced tib"
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.
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Please be advised that additional penalties may be assessed for violations that occur after the review
` period of this assessment. 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
applyingfor or a Special Order by Consent. If you have any Questions about this civil penalty assessment or a -
Special Order by Consent please contact the Water Quality Section staff of the Mooresville Regional Office at ;1
704/663-1699. ,
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(Date) Marcia Allocco
Acting Regional Supervisor
Surface Water Protection �?
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Water Quality Regional Supervisor w/ attachments
Compliance/Enforcement File w/attachments
Central Files w/attachments '' '