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Home My WebLink AboutNC0065684_LV20160156_20161010�s WaterResources ENVIRONMENTAL QUALITY October 10, 2016 CERTIFIED MAIL 7009 2250 0000 8087 0781 RETURN RECEIPT REQUESTED Shannon V. Becker, President Aqua North Carolina, Inc. 202 MacKenan Court Cary, NC 27511 Dear Mr. Becker: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZI NMERMAN Director Subject: Request to Remit Civil Penalties - Denied Decision in Case Number: LV -2016-0156 for Aqua North Carolina, Inc. — County Woods WWTP NPDES Permit NCO065684 Union County In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water Resources `(the Division) has reviewed your request to remit civil penalties in the subject case. Our records indicate the facility received the penalty letter on August 5, 2016. A response by either payment, a written request for remission, or a petition for an administrative hearing with the Office of Administrative Hearings was due by September 4, 2016. The remission request was received on September 8-, 2015, which is outside of the 30 -day statutory limitation. Therefore, your outstanding balance ($350.53) is due and payable. Please make your check payable to the Department of Environmental Quality (DEQ). Send the payment, as soon as possible, to the attention of: Wren Thedford NC DEQ/DWR/Point Source Branch NPDES Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center J Raleigh, North Carolina 27699-1617 919-707-9000 Mr. Becker October 4, 2016 Page 2 of 2 Thank you for your cooperation in this matter. If you have any questions, please contact Derek Denard at derek.denardamcderingov or call 919-807-6307. Sinc ely, S. Jay Zimmerman, P.G.,Otctor Division of Water Resources, NC DEQ Attachments: Permittee's Request for Remission Waver of Rights to Administrative Hearing and Stipulation of Facts Permittee's Justification for Remission Request cc: Corey Basinger, DWR / Mooresville Regional Office `1gPDES-File Enforcement File Central Files STATE OF NORTH CAROLINA DEPARTMENT,OFENVIRONMENTAL 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 OFFACTS 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 (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 2`d day of September 2016: 'Shannon V. Becker, President Aqua North Carolina, Inc. 202 MacKenan Court Cary, NC 27511 919-653-5770 SEP 0 8 2016 water Quality ecio+� Perm1tt►rjg 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 "Re uest For Remission. Waiver ofR ht 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. § 143'B -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 wrongfullygpplied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) 4 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 event 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. M WaterResources ENVIRONMENTAL OVALITY April 13, 2016 Thomas J Roberts, President Aqua North Carolina Inc. 202 Mackenan Ct Cary, NC 27511 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 t�jj SpA , Director The Mooresville Regional Office staff have further reviewed the Notice of Violation, Tracking No. NOV- 2016-1.V-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 (704) 663-1699. mr-1411. ba� W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Wastewater Branch MSC 1617—Central Files File State ofNorth Carolina I Environmental Quality I WaterResources I Water.Quality Regional operations Mooresville Regional Officel 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704 6631699