NC0030325_PC-2015-0035_20150921

Pat McCrory
Governor
NC®ENR
North Carolina Department of Environment and Natural Resources
September 15, 2015
CERTIFIED MAIL, 4 7010 2780 0001 4236 4793
RETURN RECEIPT REOUESTED
Donald R. van der Vaart
Secretary
RECEIVEMENRODWR
Aubrey L Deaver SEP 2 f 7015
A&D Water Services, Inc Water Quality
P.O. Box 1407 Permitting Section
Pisgah Forest, NC 287681407
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 NCO030325
A&D Water Services, Inc
Buffalo Meadows WWTP
Case No. PC -2015-0035
Ashe County
Dear Mr. Deaver:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $ 2043.32 ($
1875.00 civil penalty + $ 168.32 enforcement costs) against the A&D Water Services, 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 Services, Inc. for the months of January, February, and
March 2015. 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 January,
February, and March 2015, 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 Services, Inc. violated the
terms, conditions or requirements of NPDES Permit NCO030325 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 Quality Regional Supervisor for the Winston-Salem
Region, hereby make the following civil penalty assessment against the A&D Water Services, Inc.:
$ 1875.00
For 25 of the 25 failures to properly monitor TRC in violation of NPDES
Permit No. NCO030325
$ 1875.00
TOTAL CIVIL PENALTY
$ 168.32
Enforcement Costs
$ 2043.32
TOTAL AMOUNT DUE
450 W. Hanes Mill Road, Winston-Salem, North Carolina 27105
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity r 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 Quality
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
M'
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:
Sam M. Hayes, 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 or me of the Winston-Salem Regional Office at 336-776-
9800.
Sincerely,
4/4
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
attachments
cc: WSRO Files w/attachments
-PSR-NPDF; — Charles Weaver

ATTACHMENT A
ABED Water Service Inc
CASE NUMBER. PC -2015-0035
PERMIT: NCO030325 FACILITY: Buffalo Meadows WWTP
COUNTY: Ashe REGION: Winston-Salem
Other Violations
MONITORING VIOLATION
PENALTY REPORT AREA DESCRIPTION DATE VIOLATION TYPE
7500
1-2015
75.00
1-2015
75.00
1-2015
75.00
1-2015
75.00
1-2015
75.00
1-2015
75.00
1-2015
7500
1-2015
75.00
2-2015
75.00
2-2015
75.00
2-2015
75.00
2-2015
75.00
2-2015
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
Monitoring and
Reporting
Requirements
TRC < 100 ug/L
TRC < 100 ug/L
TRC < 100 ug/L
TRC < 100 ug/L
TRC < 100 ug/L
TRC < 100 ug/L
TRC < 100 ug/L
TRC < 100 ug/L
TRC <100 ug/I
TRC <100 ug/I
TRC <100 ug/I
TRC <100 ug/I
TRC <100 ug/I
1/6/15
Permit conditions violation
1/7/15
Permit conditions violation
1/13/15
Permit conditions violation
1/14/15
Permit conditions violation
1/20/15
Permit conditions violation
1/22/15
Permit conditions violation
1/25/15
Permit conditions violation
1/26115
Permit conditions violation
2/2/15
Permit conditions violation
2/3/15
Permit conditions violation
2/10/15
Permit conditions violation
2/11/15
Permit conditions violation
2/16/15
Permit conditions violation

PERMIT: NCO030325 FACILITY: Buffalo Meadows WWTP
COUNTY: Ashe REGION: Winston-Salem
75.00
2-2015
Monitoring and
TRC <100 ug/I
2/17/15
Reporting
Requirements
75.00
2-2015
Monitoring and
TRC <100 ug/I
2/22/15
Reporting
Requirements
75.00
2-2015
Monitoring and
TRC <100 ug/I
2/23/15
Reporting
Requirements
7500
3-2015
Monitoring and
TRC < 100 ug/I
3/1/15
Reporting
,
Requirements
7500
3-2015
Monitoring and
TRC < 100 ug/I
3/2/15
Reporting
Requirements
75.00
3-2015
Monitoring and
TRC < 100 ug/I
3/9/15
Reporting
Requirements
75.00
3-2015
Monitoring and
TRC < 100 ug/I
3/10/15
Reporting
Requirements
75.00
3-2015
Monitoring and
TRC < 100 ug/I
3/16/15
Reporting
Requirements
75.00
3-2015
Monitoring and
TRC < 100 ug/I
3/17/15
Reporting
Requirements
75.00
3-2015
Monitoring and
TRC < 100 ug/I
3/24/15
Reporting
Requirements
75.00
3-2015
Monitoring and
TRC < 100 ug/I
3/25/15
Reporting
Requirements
7500
3-2015
Monitoring and
TRC < 100 ug/l
3/30/15
Reporting
Requirements
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation
Permit conditions violation

STATE OF NORTH CAROLINA
COUNTY OF Ashe
A&D Water Services, Inc.
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Buffalo Meadows WWTP
PERMIT NO. NCO030325
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
REQUEST FOR REMISSION
WAIVER OF RIGHT TO AN
ADMINSTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. PC -2015-0035
Having been assessed civil penalties totaling $2,043.32 for violation(s) as set forth in the assessment document of
the Division of Water Resources dated 9/15/2015, 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
ADDRESS
TELEPHONE
►K1]
SIGNATURE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC -2015-0035 County: Ashe
Assessed Party: A&D Water Services, Inc, Buffalo Meadows WWTP
Permit No. (if applicable): NCO030325 Amount Assessed: $2,043.32
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For
Remission, Waiver ought 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 (i.e., explain the steps that you took to correct the violation and prevent future
occurrences),-
(c)
ccurrences);
(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 penally 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:

4_-_
STATE OF NORTH CAROLINA
COUNTY OF ASHE
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST.
A & D Water Services, Inc., Buffalo, Meadows WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWQ Case Number PC -2015-0035
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 violation of the State Bar occurs.
This the day of 120
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE