NC0086142_LV-2012-0015_20120131

NCDEEIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. F. Dee Freeman
Governor Director Secretary
January 31, 2012
CERTIFIED MAIL 7010 0290 0000 4565 0649
RETURN RECEIPT REQUESTED
Mr. Thomas J. Roberts, President and Chief Operating Officer
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
Aqua North Carolina Inc. Oakley Park WTP
Gaston County
Case No. LV-2012-0015
Dear Mr. Roberts:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$494.67
($350.00 civil penalty + $144.67 enforcement costs) against Aqua North Carolina Inc.
This assessment is based upon the following facts: A review has been conducted of the self-monitoring
data reported for October 2011. 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 may be assessed in
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
provided by the Secretary of the Department of Environment and Natural Resources and the Director of the
Division of Water Quality, I, Robert B. Krebs, Surface Water Protection Regional Supervisor for the
Mooresville Region, hereby make the following civil penalty assessment against Aqua North Carolina Inc.:
Mooresville Reeional Office
Location:610 East Center Ave..Suite 301 Mooresville,NC 29115 pne
Phone:(7(1416(13-16991 Fax:[phone](90`:Customer Servica: 1-877-623-6748 NoAhCarolina
Internet �Ita:?��ral.nwerr.rn, gb fl'afura!!'m
An Equal Opporlunity Aft`omanve Action Employer 50%Recycled 10%Post Consumer paper

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 DENR as follows:
Mary Penny Thompson, General Counsel
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
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 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
704/663-1699.
(bate) Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File w/attachments
Central Files w/attachments
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JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: LV-2012-0015
Assessed Party: Aqua North Carolina Inc.
County: Gaston
Permit Number: NC0086142
Amount Assessed: $494.67
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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 w
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. 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.,
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explain the steps that you took to correct the violation and prevent future occurrences);
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(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);
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(d) the violator had not been assessed civil penalties for any previous violations; y
(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: (use additional pages as necessary)
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