NC0028941_PC-2016-0047 Remission Request_20160826

WaterResources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
August 26, 2016
Shannon V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Subject: Remission Request of Civil Penalty Assessment
Pine Valley Subdivision WWTP
NPDES Permit NCO028941
Case Number PC -2016-0047
Rowan County
Dear Ms. Becker:
Secretary
S. JAY ZIMMERMAN
Director
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. 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
^TFDES-Program Files
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

Denard, Derek
From: Ison, Laurie T. <[e-mail]>
Sent: Wednesday, August 24, 2016 4:54 PM
To: Zimmerman, Jay
Cc: Denard, Derek
Subject: Pine Valley & Willowbrook
Attachments: Willowbrook 20160824165106.pdf, Pine Valley_20160824165048.pdf
Mr. Zimmerman,
Aqua submits the attached Waiver of Right To An Administrative Hearing and Stipulation of
Facts in reference to the above referenced wastewater treatment plants. I spoke with Mr.
Denard Friday who indicated that email was an acceptable method of submitting. If I need to
follow up with hard copies, please let me know. Thank you for your assistance and
consideration.
Regards,
W
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aqua Ne
704-489-9404 Fxt 57234
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REDENEDINGDEOIDWR
AUG 2 4 2016
Water Quality ion
Permitting
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RECEIVEDINCDEWWR
AUG 2 4 2016
Water Quality
Permitting Section
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
COUNTY OF ROWAN 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
PINE VALLEY SUBDIVISION ) FILE NO. PC -2016-0047
PERMIT NO. NCO028941
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 ofassessment.
This the 24th day August 2016.
_}iarioi' V. Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653-6964

Case Number: PC -2016-0047 County: Rowan
Assessed Party: Aqua North Carolina Inc.
Permit No.: NCO073539 Amount Assessed: $600.00
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver ofRight to an Administrative Hearing, and Stipulation of Facts" form to request remission ofthis 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 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 asneeded).
✓ 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);
✓ 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);
• 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);
✓ the violator had not been assessed civil penalties for any previous violations;
• payment of the civil penalty will prevent payment for the remaining"necessary remedial actions (Le.,
explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).
Aqua North Carolina, Inc. (Aqua) recognizes that our permit renewals required electronic Discharge Monitoring
Reports (e -DMR) filing. Since 2015 Aqua has been working with the State's administrator to register our company
in the state's database. In September 2015 and August 2016 Aqua provided registration forms for our North
Carolina facilities. Aqua continues to work diligently with the State's administrator to complete the registration
process for the State's:database allowing us to electronically file DMRs. Aqua has also been working with the
State's a -DMR administrator to update the ORCs and backup ORCs in the state's database.
RECENFDINGDEOIDWR
AUG 2 4 2016
Water Quality
peomming Section