NC0030325_PC-2015-0004_20150303

AVA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
March 3,2015
CERTIFIED MAIL#7011 1570 0001 8546 0701
RETURN RECEIPT REQUESTED
Mr.Aubrey L. Deaver RECEIVEDIDENRIDWR
A&D Water Service,Inc.
P.O. Box 1407 MA tt f1 is L t
Pisgah Forest,NC 28768-1407
Water Quality
Permittino Sectior
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G.S.) 143-215.1(a)(6)
and NPDES Permit NC0030325
A&D Water Service,Inc.
Buffalo Meadows WWTP
Case No.PC-2015-0004
Ashe County
Dear Mr. Deaver:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$414.84 ($250 civil
penalty+$164.84 enforcement costs)against A&D Water Service, Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring
report(DMR)submitted by the A&D Water Service,Inc. for the month of August 2014. This review has shown the
subject facility to be in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit
NC0030325. The violations,which occurred in August 2014,are summarized in Attachment A to this letter.
Based upon the above facts,I conclude as a matter of law that the A&D Water Service,Inc. violated the terms,conditions
or requirements of NPDES Permit NC0030325 and G.S. 143-215.1(a)(6)in the manner and extent shown in Attachment
A. 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).
Based upon the above findings of fact and conclusions of law,and in accordance with authority provided by the
Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Resources,
I, W. Corey Basinger,Division of Water Resources Regional Supervisor for the Winston-Salem Region,hereby make the
following civil penalty assessment against the A&D Water Service, Inc.:
$ 250.00 For 5 of the 5 failures to properly monitor TRC in violation of NPDES
Permit No.NC0030325.
$ 250.00 TOTAL CIVIL PENALTY
$ 164.84 Enforcement Costs
$ 414.84 TOTAL AMOUNT DUE
450 W.Hanes Mill Road,Winston-Salem,North Carolina 27105
Phone:[phone] Internet:www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer—Made in part by recycled paper

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:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources(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:
NC DENR/DWR/NPDES
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
OR
2. Submit a written request for remission 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 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 143B-282.1(b)were wrongfully applied to
the detriment of the violator;
(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 has 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, Waiver of Right to an
Administrative Hearing, and Stipulation of Facts" form within thirty(30) 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:
NC DENR/DWR/NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
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 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,NC 27699-6714
Telephone[phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
John Evans,General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh,NC 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 George Smith of the Winston-Salem Regional Office at 336-776-9700.
Sincerely,
W.Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
attachments
cc: WSRO Files w/attachments
SW Central Files w/attachments
PSB-NPDES—Charles Weaver

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•
r
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF ASHE
A&D Water Service,Inc. REQUEST FOR REMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
Buffalo Meadows WWTP ) STIPULATION OF FACTS
)
)
)
PERMIT NO.NC0030325 ) FILE NO.PC-2015-0004
Having been assessed civil penalties totaling $414.84 for violation(s) as set forth in the assessment document of •
the Division of Water Resources dated March 3. 2015, 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 ,20
SIGNATURE
ADDRESS
TELEPHONE

•
JUSTIFICATION FOR RENIISSION REQUEST
DWQ Case Number: PC-2015-0004 County:Ashe
Assessed Party:A&D Water Service,Inc.,Buffalo Meadows WWTP
Permit No.(if applicable):NC0030325 Amount Assessed: $414.84 •
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. 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 (Le., 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 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:

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF ASHE DWQ Case Number PC-2015-0004
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
A&D Water Service,Inc.
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 violation of the State Bar occurs.
This the day of ,20
SIGNATURE
TITLE(President,Owner,etc.)
ADDRESS
TELEPHONE(