NC0034711_LV20160148_20160915

WaterResources
ENVIRONMENTAL QUALITY _
September 15, 2016
Dustin K. Metreyeon
1000 Woodhurst Drive
Monroe, NC 28110
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject: Remission Request of Civil Penalty Assessment
Athena Cedar LLC
Cedar Park Estates WWTP
NPDES Permit NCO034711
Case Number LV -2016-0148
Cabarrus County-
Dear
ounty
Dear Mr. Metreyeon:
Secretary
S. JAY ZIMMERMAN
Director
This letter is to acknowledge your request for remission of the civil penalty levied against the
subject facility. However, please note that the civil penalty was paid in the amount of $350.53 by
the permittee on September 13, 2016 and the case was closed.
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
NPDES Program Files
Central Files w/attachments
Mooresville Regional Office w/attachments
Richard J O'Brian, Manager Owner, 100 Mill Plain Rd, 3rd Floor, Danbury, CT 06811
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2016-0148 County: Cabarrus
Assessed Party: Athena Cedar LLC
Permit No.: NCO034711
Amount Assessed: $350.53
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. § 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 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);
x (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or
something you could notprevenl 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 (ie., explain
.how payment of the civil penalty will prevent you from pei forming the activities necessary to achieve
compliance).
EXPLANATION:
Review of facility log book and EDMR show multiple heavy rainfall events during December 2015. The
weeks of 12/6/15 and 12/13/16 were particularly rainy with daily flows of :
.074 mgd on the 6th
.062 mgd on the 10th
.069 mgd on the 12th
.094 mgd on the 14th
.069 mgd on the 15th
When these daily flows were averaged, the result was a non-compliant monthly average effluent flow
of .038 mgd, slightly exceeding the permitted monthly average of .030 mgd. In so much and considering,
the additional flow was unavoidable and could not be prevented or otherwise prepared for and that we
maintained compliance with BOD, TSS, Ammonia Nitrogen and fecal coliform during this unusually "wet"
period, we respectfully request remission from LV -2016-0148.

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMIINISTRATIVE HEARING AND
STIPULATION OF FACTS
Athena Cedar LLC )
Cedar Park Estates WWTP
PERMIT NO. NCO034711 ) CASE NO. LV -2016-0148
Having been assessed civil penalties totaling $350.53 for violation(s) as set forth in the assessment document of the Division
of `,Fater Resources dated August.1.2016, 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 2 day of September 20 16
SI NATURE
ADDRESS
Metwater, Inc.
1000 Woodhurst Drive
Monroe NC 28110
(facilty operator for Cedar Park MNP)
TELEPHONE
704.506.4255