NC0057703_LV20170008_20170106

Etndronmerr.tal
Quality.
Certified Mail # 7013 2630 0002 1133 6518
Return Receipt Requested
January 06, 2017
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
ROY COOPER
Governor
RECENEDINCDEGUNR
JAN 17 2017
SUBJECT: Notice of Violation and Assessment of Civil Penalty \fVateF Quality
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) pefmittlng $gCt10n
and NPDES WW Permit No. NCO057703
Aqua North Carolina Inc
The Cape WWTP
Case No. LV -2017-0008
New Hanover County
Dear Permittee:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $617.25 ($500.00 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 May 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. NCO057703. The
violations, which occurred in May 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. NCO057703 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(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

$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit NO.NC0057703, by discharging wastewater into
the waters of the State in violation of the Permit Daily Maximum for BOD - Cone.
$250.00 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 Daily Maximum for ENTRCOCI.
$500.00 TOTAL CIVIL PENALTY
$117.25 Enforcement Costs
$617.25 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
equest^
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 Ri,ht to an Administrative Hearing and Stipulation of Facts" form within thitty (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 Rearinas•
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 §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 (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 [phone] or via email at [e-mail].
Sincerely,
J me H. Gregson, Regional supervisor
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 REQUEST
Case Number: LV -2017-0008
Assessed Party; Aqua North Carolina Inc
Permit No.: NC0057703
County: New Hanover
Amount Assessed: $617.25
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 documenis, 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 QLrALITY
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 )
The Cape WWTP )
PERMIT NO. NCO057703 ) CASE NO. LV -2017-0008
Having been assessed civil penalties totaling $617.25 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated January 06, 2017, 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 (3 0) 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
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
Aqua North Carolina Inc
�i
CASE NUMBER: LV -2017-0008
PERMIT: NCO057703
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
5/4/2016 5-2016 BOD, 5 -Day (20 Deg.
Weekly
mg/I
45
55 22.2
Daily Maximum
$250.00
C) - Concentration
Exceeded
.5/4/2016 5-2016 Enterococci
Weekly
cfu/100ml
276
2420 776.8
Daily Maximum
$250.00
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 -2017-0008
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; r_
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2) The dur�,i nand gravitof the violation;
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3 The effect on ground or surface water` quantity or quality or on air quality;
/ g q tY q ty 9 tY
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
/�4
6) Whether the violation was committed willfully or intentionally;
CA4 z L l
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
Ty-C�_C j _CSC-�UYG 1
8) The cost to t e State of the enforcementP rocedures.
$117.25
` /Date Jan�es . Gregson, Regio0i Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

4� AOUA,.
AUG 2 2 2016
Water Quality Regional
August 17, 2016 Operations Section
Wilmington Regional Office
Mr. James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: The Cape, New Hanover County, Permit No. NCO057703
Notice of Violation and Intent to Assess Civil Penalty
Tracking Number: NOV-2016-LV-0427
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 daily maximum exceedances f6r'enterococci
and BOD in May 2016.
Aqua's Response:
The Cape wastewater treatment plant (WWTP) was non-compliant during the month of May
2016 for Enterococci and BOD. Due to the absence of an equalization basin, The Cape WWTP
often experiences changes in hydraulic loading and profile. The flow coming into the plant
without an EQ fluctuates between five gallons per minute (gpm) and 250 gpm which created
uplift and basins to rise in level several inches.
Dolphin Bay has an interior wall with deteriorating metal between the aeration basin and the
digester.. Out of necessity Aqua is transporting mixed liquor to The Cape for treatment. This
occurs at a frequency that is roughly one time per month. The operator has noticed pin flock
carrying over into the effluent chamber from either the unsteady flow throughout the day or the
addition of flow from Dolphin Bay.
The Cape WWTP's effluent chamber has been cleaned. Aqua believes that the pin flock and the
elevated Enterococci and BOD are related.
Aqua has the authorization for construction of a new 100,000 gallon equalization basin and
expects this to be completed by.the end of 2016. Aqua believes.this new basin will -allow -for a
more steady flow throughout the plant and better operations and consistency. Currently the
basins change hydraulic grade two times a day with heavier flow in the morning and evening.
202 MacKenan Court Cary, NC 27511 o O: 919.467.8712 • F: 919.460.1788 o AquaAmerica.com

Page Two
Yj. James H. Gregson, Regional Supervisor
August 17, 2016
If you have any questions or comments, please do not hesitate to contact Joel Mingus at [phone].
Sincere ,
Moses A. Thompson
Director of Operations
MAT/rl
cc: Joel Mingus
Michael Melton

CP CRY
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Gt!aeresdt�r
Certified Mail # 7013 2630 0002 1133 6560
Return Receipt Requested
July 26, 2016
Thomas J Roberts, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATHON & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0427
Permit No. NCO057703
The Cape WWTP
New Hanover County
Dear Permittee:
A review of the May 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 BOD, 5 -Day (20 Deg. C) -
5/4/2016 45 S5 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent Enterococci (61211)
5/4/2016 276 2,420 Daily Maximum Exceeded
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 -
If
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 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/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,
Jam s . Gregson, Regional Supervisor
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 28405
910-796-7215

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EFFLUENT
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S PERMIT NO. NCO057703 DISCHARGE NO_ 001 MONTH _May_ YEAR 2016
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IFIED LABORATORY (1)EnvirochemCERTIFICATION NO. 94
tional laboratories on the backside/page 2 of this form)
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SON(S) COLLECTING SAWIdES ERIC YOUNGS/KIRKLYN FIELDS ORC PHONE [phone]
CHECK BOX IF ORC HAS CHANGED NO FLOW / DISCHARGE FROM SITE
Mail ORIGINAL and ONE COP,
to F�
ATTN: CENTRAL FILES 81 x
DIVISION OF WATER QUALITY (SWnqATURE OF OPERATOR IN RESPONSIBLE CHARGE) DATE
1617 MAIL, SERVICE CENTER BY THUS SIGNATURE, I CERTIFY THAT THIS REPORT IS
RALEIGH, NC 27699-1617 ACCURATE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
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Attn: Environmental Sciences Section.
The Cape WWTP
(Non -Compliant DMR for May2016)
NCO057703
Aqua, Inc. T: 910.270.1412
25IMerchants Circle, Building 24-I P: 910.270.3147
Hampstead, NC 28443
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D W R SE-Q1O'N'
The Cape WWTP was non -Compliant during the month of May 2016. The daily limit for
enterococci was exceeded on May 4th 2016. The Cape system had surge flows that caused solids
to enter the Effluent tank. The operator has made adjustments in the disinfection process. The
effluent tank was cleaned and solids pumped out into the digester by the operator. The
chlorine contact chamber has been cleaned and chemical feed adjust for better operation.
Samples collected afterward were within permit limits.
Christopher Collins
Regional Supervisor
e�nP�CVw[-6i/kV'REE[ n/ f
iUL 2 6 2016
Water Ouality Regional
9peratWilmington Regional Office