NC0065684_LV20160156 Justification for Remission Request_20160908

Water Quality Lab & Operations, Inc.
P.O. Box 1167/ 1522 Tynecastle Highway
Banner Elk, NC 28604
Ph. 828-898-6277 Fax [phone]
August 24, 2016
Mr. Bob Sledge
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Tynecastle WWTP
Mr. Sledge:
RECEIVED/NCDEQ/DWR
SEP 0 S 2016
Water Quality
Permitting Section
I am writing to request that Tynecastle WWTP, NPDES Number NC0062961, have their
permit amended to reflect that their samples are changed from flow proportional
sampling to grab sampling. Our request is based on flow data that reflects that the plant
has not exceeded 30,000 gallons in flow over the past three (3) years. We intend to
request the same when their permit renews in 2017.
I appreciate your time and attention to this matter. Please feel free to contact me with any
questions or concerns.
Sincerely,
Jadd Brewer
Signatory for Tynecastle
Operations Manager of Water Quality Labs
Cc: Linda Wiggs, Asheville Regional Office

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
COUNTY OF UNION QUALITY
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
AQUA NORTH CAROLINA, INC. ) STIPULATION OF FACTS
COUNTRY WOOD WWTP ) CASE NO. LV -2016-0156
PERMIT NO. NCO065684
Having been assessed civil penalties totaling $350.53 for violation(s) as set forth in the -
assessment document of the Division of Water Resources dated August 3, 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 2� day of September 2016.
Shannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-5770
RErE1VE0INcaE��WR
SEP 0 8 2016
Water Q Section
Fe fmitUng

Justification for Remission Request
DWR Case Number: LV -2016-0156
Assessed Party: Aqua North Carolina, Inc.
County: Union
Permit Number: NC0065684
Amount Assessed: $350.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request
For Remission Waiver of 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. § 14313-282.1(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 pplied 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: (use additional pages as necessary)
With regard to the monthly limit violation for flow in December 2015, Aqua North Carolina (Aqua)
reported to NCDEQ in our response dated April 5, 2016, related to NOV & ITACP NOV-2016-LV-
0146, which was received for flow violation in November 2015, that the November and December
2015 flow readings were misrepresentative of the actual flow going through the wastewater
treatment plant (WWTP). Aqua stated it was likely the gravity flow effluent line was being
restricted due to rising levels of water from the Goose Creek. All sampling during the months of
November and December 2015 that were done within a day or two of rainfall were compliant. There
is no evidence of any impact on the WWTP outside of these flow readings.

In addition, Aqua attempted to promptly abate the issue by identifying a number of items that would
be addressed upon issuance of the Authorization to Construct (ATC), which is currently pending
with NCDWR.
By letter dated April 13, 2016, a copy of which is enclosed, the Mooresville Regional office agreed
that "based upon review of permit violations and your written response dated April 5, 2016, this
Office will not pursue additional enforcement actions against Country Woods WWTP for permit
monitoring violation noted on the November 2015 DMR..." The monthly average exceedance for the
flow violation received for December 2015 was the result of the same issues that are presently being
addressed at Country Woods.
Based on the forgoing information, Aqua respectfully requests remission of the civil penalty issued.
Consideration of this request is greatly appreciated.

Water Resources
ENVIRONMENTAL QUALITY
Thomas J Roberts, President
Aqua North Carolina Inc.
202 Mackenan Ct
Cary, NC 27511
April 13, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject: REMIT - NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0146
Permit No. NCO065684
Country Wood WWTP
Union County
Dear Mr. Roberts:
Secretary
S. JAY ZIMMERMAN
Director
Vz-
'9
The Mooresville Regional Office staff have further reviewed the Notice of Violation, Tracking No. NOV-
2016-LV-0146, dated March 17, 2016. Based upon review of permit violations and your written
response, dated April 5, 2016, 2016, this Office will not pursue additional enforcement actions against
Country Wood WWTP for permit monitoring violation noted on the November 2015 Discharge
Monitoring Report (DMR) and withdraws the Notice of Violation and Intent to Assess Civil Penalty.
Thank you for your continued cooperation with the Division of Water Resources. Should you have any
questions regarding the decision by this Office in regards to this matter please contact Roberto Scheller
or myself at [phone].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Wastewater Branch
MSC 1617 — Central Files
File
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office) 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699