NC0065684_LV20160156_20161021

Water Resources
ENVIRONMENTAL QUALITY
October 21, 2016
Shannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Subject: Remission Request of Civil Penalty Assessment
Country Wood WWTP
NPDES Permit NCO065684
Case Number LV -2016-0156
Union County
Dear Mr. Becker:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary ,
S. JAY ZIMMERMAN
Director
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Resources (the Division) reviewed your request to remit civil penalties in the subject case received by this
office on September 8, 2016. This office indicated in a letter dated October 10, 2016 that request was
ineligible for remissions because the request was not made within the 30 -day statutory time frame. After
receipt of this letter, Laurie Ison with Aqua North Carolina, Inc. provided additional information indicating
that the remission request was sent by e-mail to Division regional office staff on September 2, 2016. A
response by either payment, a written request for remission, or a petition of an administrative hearing with the
Office of Administrative Hearings was due by September 4, 2016.
In response to this new information, this letter acknowledges that your request for remission of the civil
penalty levied against the subject facility will be reopened for review. Your request will be scheduled for
review by the Director and you will be notified of the result. If you have any questions about this matter,
please contact me at [phone] or via e-mail at [e-mail].
Sincerely,
Derek Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
cc: Enforcement File w/originals
R& Program Files J
Central Files w/attachments
Mooresville Regional Office w/attachments
ec: Laurie Ison, Area Manager -Western NC, Aqua NC [[e-mail]]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

STATE OF NORTH CAROLINA
COUNTY OF UNON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
AQUA NORTH CAROLINA, INC.
COUNTRY WOOD WWTP
PERMIT NO. NCO065684
DEPARTMENT OFENVIRONMENTAL
QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV -2016-0156
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'd day of September 2016.
7
hannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-5770
SEP 4 20"i6
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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 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. § 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 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 12gyment for the remaining necessgry 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.

r ' o
WaterResources
ENVIRONMENTAL QUALITY
April 13, 2016
Thomas J Roberts, President
Aqua North Carolina Inc.
202 Mackenan Ct
Cary, NC 27511
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
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:
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.
Alois
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 WaterResources i Water Quality Regional Operations
Mooresville Regional Offices 610 East Center Aveaue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699