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Home My WebLink AboutNC0073539_PC-2016-0045_20160720PAT mCCRORY iG Governor ?:J . T.-TATTID trAATT1VT? VAART ■ --� Secretary S. JAY ZHVIMERMAN Water Resources ENVIRONMENTAL QUALITY Director July 20, 2016 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 -2016-0045 Failure to Register & Submit Electronic Discharge Monitoring Reports (eDMRs) Willowbrook Subdivision WWTP NPDES PermitNC0073539 Mecklenburg 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 10/29/2014. Our records indicate that as of the date of this fetter, 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-0215) was sent to you for failure to register for, and begin using, the eDMR system by 10/29/2014. This notice was received by you on 9/10/2015. 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 August5 eDMR. • A Notice of Deficiency (NOD) was sent to you for failure to register: for, and begin using, the eDMR system by 10/29/2014. This notice was received by you on 3/1,8/2015. 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 to NCGS. 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 NCO073539 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 civilpenalty 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 010-707-000 'f Mr. Roberts NPDES Permit NC0073539 Case No. PC -2016-0045 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 NC0073539, 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 quantityy 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 Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose farther 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 Mr. Roberts NPDES Permit NCO073539 Case No. PC -2016-0045 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'inNCGS 143B -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 (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: Wrei'Thedford NC IDEQ/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 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 Office offiled when it 1s received Administrat vte HOarings accepts Administrative Hearings during normal office hours Mr. Roberts NPDES Permit NC0073539 Case No. PC -2016-0045 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 (919) 733-2698 Facsimile: (919) 733-3478 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. inc rely, S. Jay Zimmerman, . .,Director Division of Water Resources, NCDEQ ATTACHMENTS cc: DWR Mooresville Regional Office, Water Quality Regional Operations Section Enforcement File PC=201.6=0045-w/attachments Central Files w/attachments Mecklenburg County DEH ATTACHMENT A Aqua North Carolina Inc CASE NUMBER: PC -2016-0045 COUNTY: Mecklenburg REGION: Mooresville Pr-RMIT. NC0073539 FACILITY: Willowbrook Subdivision WWTP Other Violations VIOLATION MONITORING „DATE VIOLATION TYPE PENALTY REPORT AREA DESCRIPTION - 8/20/15 Permit conditions violation 500.00 Monitoring and Failure to register for eDMR Reporting Requirements STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF MECKLENBURG IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND AQUA NORTH CAROLINA INC ) STIPULATION OF FACTS WILLOWBROOK SUBDIVISION ) PERMIT NO. NCO073539 ) FILE NO. PC -2016-0045 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 civit 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 4. JUSTIFICATION FOR REMISSION REQUEST DWR Case Number: PC -2016-0045 County: Mecklenburg Assessed -Entity: Aqua North Carolina, Inc. - Willowbrook Subdivision WWTP 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 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 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: