NC0028941_PC-2016-0047_20160720

' WaterResources
ENVIRONMENTAL QUALITY
July 20, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
CERTIFIED MAIL 7009 2250 0000 80871269
RETURN RECEIPT REQUESTED
Mr. Thomas J Roberts, President
Aqua North Carolina, Inc.
202 Mackenan Ct
Cary, NC 27511
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
Case No. PC -2016-0047
Failure to Register & Submit Electronic Discharge Monitoring Reports (eDMRs)
Pine Valley Subdivision
NPDES Permit NCO028941
Rowan County
Dear Mr. Roberts:
This letter transmits a notice of a civil penalty assessed against Aqua North Carolina, Inc. in the amount
of $600.00 (includes $100.00 in enforcement costs).
Per the terms of your NPDES permit, you were required to register for, and begin using; the eDMR
system by 12/27/2014. Our records indicate that as of the date of this letter, the subject facility is not -
registered and not submitting data electronically. Failure to register and begin submitting reports
electronically is a violation of the terms of your permit.
• A Notice of Violation (NOV-2015-PC-0212) was sent to you for failure to register for, and
begin using, the eDMR system by 12/27/2014. This notice was received by you on 9/8/2015.
Within said notice, you were informed that this office will recommend the assessment of civil
penalties if you do no register within fifteen (15) days and began using eDMR for the
August 2015 eDMR.
A Notice of Deficiency (NOD) was sent to you for failure to register for, and begin using, the
eDMR system by 12/27/2014. This notice was received by you on 3/18/2015. Within said
notice, you were informed that in order to reduce risk of receiving additional enforcement
action, you must complete your registration within 30 days of receipt of this notice.
The State's enforcement costs in this matter may be assessed against Aqua North Carolina, Inc. pursuant
toNCGS. 143-215.3(a)(9) andNCGS 143B -282.1(b)(8).
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 Permit NCO028941 and G.S. 143-215.65 in the manner
and extent shown above. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a
civil penalty may be assessed against any person who violates the terms, conditions or requirements of
a permit required by G.S. 143-215.1(a).
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Mr. Roberts
NPDES Permit NC0028941
Case No. PC -2016-0047
July 20, 2016
Page 2 of 5
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 hereby make the following civil penalty assessment against Aqua North.
Carolina, Inc.:
$ 500.00 For violation of NCGS 143-215.65 and NPDES Permit NC0028941, Failure to
Register & Submit Electronic Discharge Monitoring Reports (eDMRs).
$ 100.00 Enforcement Costs
$ 600.00 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 days of receipt of this notice, you must do one of the following:
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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed justification for
such request:
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

a%+ L
Mr. Roberts
NPDES Permit NCO028941
Case No. PC -2016-0047
July 20, 2016
Page 3 of 5
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 14313-282.1(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 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 Right to an Administrative Hearing, and Stipulation of Facts" form
within thirty (3 0) 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:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative,Hearuigs:
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

Mr. Roberts
NPDES Permit NC0028941
Case No. PC -2016-0047
July 20, 2016
Page 4 of 5
filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed provided the original and one copy of the document is received
in the Office of Administrative Hearings within five (5) business days following the faxed
transmission. The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
- AND
Mail or hand -deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
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 Derek Denard at 919-807-6307.
incer y,
S. Jay Zimmerman, P.G., Director
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: D_WR Mooresville Regional Office, Water Quality Regional Operations Section
Enfor eemc nFFiIT PC=201 b=4©47 w/dttachments—
Central Files w/attachments _-

ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: PC -2016-0047
PERMIT: NCO023941 FACILITY: Pine Valley Subdivision WWTP COUNTY: Rowan REGION: Mooresville
Other Violations
MONITORING VIOLATION
PENALTY REPORT AREA DESCRIPTION DATE VIOLATION TYPE
500.00 Monitoring and Failure to register for eDMR 8/20/15 Permit conditions violation
Reporting
Requirements
r.
l
g.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
AQUA NORTH CAROLINA INC ) STIPULATION OF FACTS
PINE VALLEY SUBDIVISION )
PERMIT NO. NCO028941 ) - - FILE NO. FC -2016-0047
Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the assessment
document of the Division of Water Resources dated July 20, 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 the day of , 2016.
SIGNATURE
ADDRESS
TELEPHONE

DWR Case Number:
Assessed Entity:
Permit No.:
JUSTIFICATION FOR RENIISSION REQUEST
PC -2016-0047
County: Rowan
Aqua North Carolina, Inc - Pine Valley Subdivision WWTP
NCO028941
Amount Assessed: $600.00
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 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 preventfuture 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: