NC0057703_LV20160123_20160718

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Certified Mail # 7013 2630 0002 1133 6815
Returu Receipt Requested
July 18, 2016
RECEIVEDINCDEWWR
Thomas J Roberts
Aqua North Carolina Inc JUL 25 2016
202 Mackenan Ct Water Quality
Cary,NC 27511 Permitting Section
SUBJEC' r Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.l(a)(6)
and NPDES WW Permit No.NCO057703
Aqua North Carolina Inc
The Cape WWTP
Case No.LV-2016-0123
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,367.25 ($1,250.00 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 April 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NTPDES WW Permit No.NC0057703. The
violations, which occurred in April 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 ofNPDES WW Permit-No.NCO057703 and G.S. 143-215.1(a)(6) in the manner and extent shown in
AttachmentlA. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty,maybe 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

S500.00 2 of the 2 violations of 143-215.1(a)(6)and Perin it No.3NIC0057703, by discharging waste water ihto .'
the waters of the State in violation of tfle Vermit Daily Maximum for Enterococci.
$750.00 1 of the 1 violations of 143-215.1(a)(6) and Permit NO.NC0057703, by discharging waste water into
the waters of the State in violation of the Permit Monthly Geometric Mean for Enterococci.
$1,250.00 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$1,367.25 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) 1whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(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) I 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
thorclugh 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:
e
If you wish to contest any statement in the attached asse9sment 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 §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
Raleigh,NC 27699-6714
Tel: [phone]
Fax: [phone]
One,(]) 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,
Ja H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
ATTACHMENTS
Ce: WQS Wilmington Regional Office -Enforcement File
NPDES Compliance/Enforcement Unit- Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV-2016-0123 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0057703 Amount Assessed: $1.367.25
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 QUALffY
COUNTY OF NEW HANOVER
IN THE NIATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Aqua North Carolina Inc )
The Cape WWTP )
PERNUT NO.NC0057703 ) CASE NO. LN-2016-0123
Having been assessed civil penalties totaling 51.367.25 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated July 18. 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 120
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: LV-2016-0123
PERMIT: NC0057703 REGION: Wilmington
FACILITY: The Cape 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
4/6/2016 4-2016 Enterococci, colony Weekly cfu/100m1 276 2420 776.8 Daily Maximum $250.00
forming units Exceeded
4/12/2016 4-2016 Enterococci, colony Weekly cfu/100ml 276 2420 776.8 Daily Maximum $250.00
forming units Exceeded
4/30/2016 4-2016 Enterococci, colony Weekly cfu/100ml 35 73.60 110.2 Monthly $750.00
forming units Geometric
Mean
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Aqua North Carolina Inc
Facility Name: The Cape WWTP
Permit Number: NC0057703
County: New Hanover
Case Number: LV-2016-0123
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;
2) The duration and graviitty of the violation;
/L-r-C'C4-�u� ��'1�yet7Zf'u�".�' d,-�-� `e°�✓i 11��3'-/
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
the Stat cement ro
8) Th cost to the Stat f the enforcement proced res.
$117.25
Date s H. Gregson, Regional Supervisor
er Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, N'CDEQ

r PAT A-ICCRORY
DONTALD>R.,1'aN-DER.'%AART
WarerResources
ENV,nonn¢n rni Ou a urr S-_JAY Z13i1AIERAf4N
Dnrsr
Certified Mail # 7013 2630 0002 1133 6655
Return Receipt Requested
June 16, 2016
Thomas J Roberts, & COO President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATIONS &INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0347,
Permit No. NCO057703
The Cape WWTP
New Hanover County
Dear Permittee:
A review of the April 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
i
Limit Exceedance Violation(s):
Sample Limit Reported j
Location Parameter Date Value Value Type of Violation
001 Effluent Enterococci, colony forming 4/6/2016 276 2,420 Daily Maximum Exceeded ,
s
units (61211) i
i
001 Effluent Enterococci, colony forming 4/12/2016 276 2,420 Daily Maximum Exceeded
units (61211)
001 Effluent Enterococci, colony forming 4/30/2016 35 73.56 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 y
Monitoring Report(s). You will then be notifed 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 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/admin/bog/ii)u/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,
James H. Gregson, Regio l Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: L�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 28405
910-796-7215

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EFFLUENT
NPDES PERMIT NO. NCO057703 DISCHARGE NCREQUE6114Ct, C l�l{i gpril YEAR 20C1X6>
FACILITY NAME 7heCaoe CLASS H COUNTY NEW HANOVER
CERTIFIED LABORATORY(1) Envirochem CERTIFICATION NO. 94
(list additional laboratories on the backside/page 2 of this form) JUN nl 14- 2016
OPERATOR IN RESPONSIBLE.CHARGE(ORC) ERIC YOUNGS GRADE III CERTIFICATION N0. 996010
PERSON(S)COLLECTING SAMPLES ERIC YOUNGS/KIRKLYN FIELD tar oali,yt oPnaPNE [phone]
CHECK BOX IF ORC HAS CHANGED LlhetatiOnS Sectl0tj�0 FLOW/DISCHARGE FROM SITE
Wilmincton Rea. nal Office
Mail ORIGINAL and ONE COPY to: Q ,% � -.5
/
ATTN:CENTRAL FILES >< y/ �lp
DIVISION OF WATER QUALITY IWUNATURE OF OPERATOR IN REPNSIBLE 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 KNOW LEDGE.
€ 50050 00010 00400 50060 00310 00610 00530 61211 00300 00600 00665
m E FLOW w JW
t' EFF ® j Q Z W U 0 Z m ENTER PARAMETER CODE ABOVE
t w 00 w J p O W Z J W NAME AND UNITS BELOW
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HRS HRS YMIN MGD C UNITS UG/L MG/L MG/L MGIL #1100ML MG/L MG/L MG/L
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2 N 0.176 &- .
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4 8:00 1 Y 0.157
5
6 8:00 lY 0.139 IS 75 18 5 73 59>2420 54 C(`T FI
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8 14:30 1 N 0.157
10 N 0.159
12 8:00 1 Y 0.145 19 7.5 9 2.6 4 >2420 S.5
14 8:00 ] Y 0.134 20 u
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16 N 0.157
18 8:30 2Y 0.139
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20 7:45 2 Y 0.137 8 <3.3 <I 22.2 4.16
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24 N 777
26 9:00 2 Y 7.7 4 <2.7 S 5.4
N : :i 7777751 ' .< r
28 12:00 1 Y 0.152 35
30 N 0.165
AVERAGE 01534 212 28.1111 6.5 495 2.48 736 546 22.2 416 MmIMBM 0.134 18 7.5 18 4 2.6 <2.7 <I 5.3 222 4.16
Camaae3:i Gr.ti iGl O;
Monthly Limit 0.26 30 30 35
Dail Limit 45 45 276
DWQ Form MR-1(11/04)

A J A,.
Aqua, Inc. T: 910.270.1412
251Merchants Circle,Building 24-I F:910.270.3147
Hampstead, NC 28443
NCDWQ
.Attn: Environmental Sciences Section
The Cape WWTP (Non-Compliant DMR for April 2016)
The Cape WWTP was non-Compliant during the month of April 2016. The daily limit for
enterococci was exceeded on April. 61h and 12`h.,The operator noticed the plant has .had slow
settling sludge and pin flock therefore had the Effluent chamber cleaned. The chemical feed has
been increase and the results afterward were back down well within limits.
Christopher Collins
Regional Supervisor

AO *(JA,.
Thomas J. Roberts,President and Chief Operating Officer
0:919.653.5770 • F:919.460.1788 • [e-mail]
July 14, 2016
Mr. James 1-1. Gregson, Regional Supervisor
Water Quality Regional Operations Section RECEIVEI)MCDENR/M
Wilmington Regional Office
Division of Water Resources
127 Cardinal Drive Extension JUL 18 2016
Wilmington, NC 28405
Water Quality Regional
Re: The Cape, New Hanover County, Permit No. NC0057703 Operations Section
Notice of Violation and Intent to Assess Civil Penalty Wilmington Regional Office
Tracking Number: NOV-2016-LV-0347
Dear Mr. Gregson:
Aqua North Carolina, Inc. (Aqua) offers the following response to the above-referenced Notice of
Violation and Intent to Assess Civil Penalty. This was for a daily maximum exceedance for enterococci,
and monthly geometric mean exceedance for enterococci in April 2016.
Agua's Response:
. Due the absence of an equalization basin, the Cape WW'I'P often experiences changes in
hydraulic loading. Due to deteriorating metal along the wall between the aeration basin and the
digester at Dolphin Bay, Aqua is transporting mixed liquor to The Cape for treatment which
occurs one time per month. Despite selecting the most opportune time to transport and place the
mixed liquor into the influent pump station. The operator has noticed pin flock was carrying
over into the effluent chamber. The effluent chamber has been cleaned. Aqua believes that the
pin flock and the elevated enterococci are related. We are taking additional precautions to
prevent this occurrence which include discussing the offloading intensity and ideal hauling time
of day with the haul contractor. Aqua has just received the authorization for construction of a
new equalization basin and expects this to be completed by the end of 2016.
If you have any questions or comments, please do not hesitate to contact Joel Mingus at(910) 270-1412.
4cSi, ly,
omas T:Robe
President and C O
TJR/rl
cc: Joel Min,-us 202 MacKenan Court Cary, NC 27511 AquaAmerica.com
Moses Thompson
Michael Melton