NC0065684_LV20160156_20170105

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WaterResources
ENVIRONMENTAL QUALITY
January 5, 2017
CERTIFIED MAIL 7009 2250 0000 8087 0842
RETURN RECEIPT REQUESTED
Shannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Dear Mr. Becker:
ROY COOPER
Governor
S. JAY MMIERMAN
Director
Subject: Request to Remit Civil Penalties
Decision in Case Number: LV -2016-0156
for Country Wood WWTP
NPDES Permit NCO065684
Union County
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina
Division of Water Resources (the Director) has reviewed your information submitted in support of your
request to remit civil penalties in .the subject case ($250 + $100.53 investigative costs) totaling $350.53.
The Director has granted full remission in this case, except for investigative costs .(see attached decision
form). Therefore, your outstanding balance totals $100.53. Two options are available to you at this
stage of the remission process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of-
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

2) You may request the Environmental Management Commission's (FMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
If payment is not received within 30 calendar dUs from you receiving this letter, your current request
for remission, with its supporting documents and the Director's attached recommendation, will be
delivered to the Committee on Civil Penalty Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete and return
the attached Request for Oral Presentation Form within thirty (30) calendar days of receiving this letter.
Send completed form(s) to:
Attn: Wren Thedford
NC DEQ Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chairman will review the supporting documents and your request
for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason
to require a presentation, you will be notified as to when and where you should appear. If your
presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
If you have any questions about this matter, please contact me at [phone] or via e-mail at
[e-mail].
Sincerely,
Derek C. Denard, Environmental Specialist
Division of Water Resources, NCDEQ
Attachments: Director's Decision; Request for Oral Presentation form
Permittee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittee's Justification for Remission Request
cc: DWR MRO files
Enforcement File
Central Files
ec: Laurie Ison, Area Manager -Western NC, Aqua NC [[e-mail]]

Case Number:
DWR — CIVII. PENALTY REMISSION FACTORS
LV -2016-0156
Region: Mooresville County: Union
Assessed Entity: Aqua North Carolina, Inc. — Country Wood WWTP Permit No.: NCO065684
Assessment Factors
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner:
NOT ASSERTED.
® (b) Whether the violator promptly abated continuing environmental damage resulting from the
violation:
® (c) Whether the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
NOT ASSERTED.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions: NOT ASSERTED.
Permittee Assertion: With regard to the monthly limit violation for flow in December 2015, Aqua North Carolina
(Aqua) reported to NCDEQ in their response dated April 5, 2016, related to NOV & TTACP NOV-2016-LV-
0146, which was received for flow violations in November 2015, that the November and December 2015 flow
readings were misrepresentative of the actual flow going through the WWTP. Aqua stated it was likely the
gravity flow effluent line that was being restricted due to rising levels of water from 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.
DWR Notes: Civil penalties have been applied to (LV -2016-0156) Country Wood WWTP for violations of
effluent flow limit violations recorded for the month of December 2015. The violation (NOV-2016-LV-0146)
was remitted for the month of November 2015 by the MRO on April 13, 2016 due to high flow conditions in
receiving stream causing effluent to backup and result in false flow readings.
DECISION (Check One)
Request Denied ❑
Full Remission Retain Enforcement Cost? XesZ No ❑
Partial Remission ❑ $ (Enter mounty
Zimmerman, Direct _ Date

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
AQUA NORTH CAROLINA, INC.
COUNTRY WOOD WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number LV -2016-0156
REQUEST FOR ORAL PRESENTATION
I hereby.request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
• My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF UN ON
DEPARTMENT OFENVIRONMENTAL
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.
annon �VBecker, President
Aqua North Carolina, Inc.
.202 MacKenan Court
Cary, NC 27511
919-653-5770
SEP
V4ater Q Secy o:i
PeOltln9

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P'.
Justification for Remission Request
DWR Case Number: LV -2016-0156
Assessed Party: Aqua North Carolina, Inc.
County: Union
Permit Number: NCO065684
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. § 143B -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. 14313-2821(h) were
wrongfully gpplied 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 my artvious violations:
(e) 2a3rnent of the civil penalty- will prevent pakmient 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.

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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.

Y
PAT MCCRORY
Governor
1C_.
DONALD R. VAN DER VAART
Secretary
WaterResources S. JAY ZIMMERMAN
ENVIRONMENTAL OVALITY
Director
April 13, 2016
Thomas J Roberts, President A�
Aqua North Carolina Inc. J
202 Mackenan Ct ZQIQ
Cary, NC 27511
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.
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 Nmfh Carolina I Environmental Quality I WeterResoureas I Water Quality Regional Operations
Mooresville Regional Officel 610 East Center Avenue, Suite 3011 Mooresville, Nordi Carolina 26115
704 6631699