NC0057703_LV20170070_20170308

WaterResources
EH'k ONMENTAL QUALITY
Certified Mail # 7013 2630 0002 1133 7621
Return Receipt Requested
March 08, 2017
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
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 WW Permit No. NCO057703
Aqua North Carolina Inc
The Cape WWTP
Case No. LV -2017-0070
New Hanover County
Dear Permittee:
ROY CORER
Gavernar
MICHAEL S. RECAN
secretary
S. JAY ZIMlvi£RNIAN
Director
RECEiVEDINCDEQIDWR
MAR 2'0 2017
WaterQuality
ft-rlllittiiig SCCtion
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,117.25 ($1,000.00 civil penalty
+ $117.25 enforcement costs) against Aqua North Carolina Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Aqua North Carolina Inc for the month of December 2016. This review has shown the subject facility to be in
violation of the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NCO 057703. The
violations, which occurred in December 2016, are summarized in Attachment A to this letter.
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 WW Permit No. N00057703 and G.S. 143-215.l(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 Environmental Quality and the Director of the Division of Water Resources, I, James H. Gregson,
Regional Supervisor, Wilmington Regional Office hereby make the following civil penalty assessment against Aqua North
Carolina Inc:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

$250.00 1 of the 1 violations of 143-215:1(a)(6) and Permit No.NC0057703, by discharging waste water into
the waters of the State in violation of the Permit Daily Maximum for )ENTRCOCI.
$750.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0057703, by discharging waste water into
the waters of the State in violation of the Permit Monthly Geometric Mean for ENTRCOCI.
$1,000.00 TOTAL, CML. PENALTY
$117.25 Enforcement Costs
$1,117.25 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.I(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 (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 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 further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 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) 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
(S) 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 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:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 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 petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should _contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
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 Dean Hunkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
�,aT­es H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files, WQS

Y
JUSTIFICATION fOR REMISSION REQUEST
Case Number: LV -2017-0070 County: New Hanover
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0057703
Amount Assessed: $1,117.25
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. 1438-282.1(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).

y.
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO ANT
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Aqua North Carolina Inc )
The Cape WWTP )
PERMIT NO. NCO057703 ) CASE NO. LV -2017-0070
Having been assessed civil penalties totaling $1,117.25 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated March 08, 2017, 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 (3 0) 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

ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: LV-2017-0070
PERMIT: NCO057703
REGION:
Wilmington
FACILITY: The Cape WWTP
COUNTY:
New Hanover
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Unit of Limit Calculated % Over
Violation
Penalty
Date Month/Yr Parameter
Frequency Measure Value
Value Limit
Type
Amount
12/29/2016 12-2016 Enterococci
Weekly cfu/100ml 276
2420 776.8
Daily
$250.00
Maximum
Exceeded
12/31/2016 12-2016 Enterococci
Weekly cfu/100m1 35
57.00 62.8
Monthly
$750.00
Geometric
Mean
Exceeded

.DIVISION OF WATER RESOURCES - CMI, PENALTY ASSESSMENT
Viol -,tot'--. ' Aqua North Carolina Inc
)Facility Name: The Cape WWTP
Permit Number: NCO057703
County: New Hanover
Case Number: ]LV -2017-0070
ASSESSMENT FACTORS
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;
�✓.�.'_ �vt/�✓,%-t- y �/�3'4-G�� �, f,i..��/� �%v',—�-F�*�?2•=,;'.�. �-G%'`yy^"'Lay v' y �r�i./��'-'%� w.�`--.�.�r�
2) The duration and gravity ojF the violation;
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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 committeed- wiillfully,or intentionally;�'
&a'
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatoryauthority; and
aAa
r
8) The cost to the State of the enforcement procedures.
$117.25
h ola,:;�1 A Ilk- cQ-4-
' Date ,Iam H. Gregson, Re' ional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

'
EN V1 R 09M ENTJit;Q4AL iT r
Certifiiedl Magill # 7/0313 2630 0002 IL133 71539
€Return Receiil2t Regues$cedi
February 14, 2017
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Ct✓
Cary, NC 27511
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LV-0136
Permit No. NCO057703
The Cape WWTP
New Hanover County
Dear Permittee:
k0Y COOTER
Gov -nw-
ivll.CHAEL E'G'14114l
S: JAY Z;NWERMAN
A review of the December 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exoeedlance Violationfs).-
Sampale Limit Reported
Location Parameter Date Value V61lue Type of ViolaUon
c
001 Effluent Enterococci (61211) 12/29/2016 276 21420 Daily Maximum Exceeded
001 Effluent Enterococci (61211) 12/31/2016 35 56.98 Monthly Geometric Mean Exceeded
A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails
to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered. along with any information provided on the submitted Discharge
Mohitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in thus Office within the 310 -logy periiodl, a EcilAll penaky
assn ssment may be prepared.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional �v_illations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance proble s,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
P,emlindlter: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of; or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e -DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.orci/web/wq/admin/bog/ipu/edmr-
If you have any questions concerning this matter or to apply for an SOC, please contact Dean Hunkele of the
Wilmington Regional Office at 910-796-7215.
Sincerely,
� `'',\` '$:yam--• w �._,�' '"'-: `�"'"_..' y�,-,�'�.
James',H_IiGregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files - WQS,
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

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PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Eric Nathan James Youngs
ORC HAS CHANGED: No
VERSION: 1.0
PERMFT STATUS: Expired
COUNTY: New Hanover
ORC CERT NUMBER: 996010
STATUS: Processed
14: EFFLUENT NT DISC [ARGE NO.: 001 NO DISCHARGE*: NO (Continue)
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12
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2
0800
3
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3
4
5
1400
2
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6
1300
2
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7
1000
2
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< 1
8
0700
2
Y
9
0800
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10
11
12
0800
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Y
13
0830
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Y
14
0800
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Y
99
15
0800
2
Y
16
0830
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17
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28
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44
21
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'2420
30
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31
Monthly Avemp t1mk: 35
Monthly Average: 56.980441
.Wy Maximum: 2420
Dash Minimum: 0
****No Reporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=No Visitation— Adverse Weather; NOFLOW=No Flow; HOLIDAY= No Visitation—Holiday

ti AJi i vpra ;•—
NC0057703
NON-COMPLIANT DMR
December 2016
EEe S 2017
pi
The Cape WWTP was non-compliant during the month of December. The daily limit for
Enterococci was exceeded December 291h. It seems the flow over the holiday weekend caused
some uneven flow across the trains. -This caused the effluent tank to get cloudy. The 2 small
trains do not handle change in flow well. The effluent tank has been cleaned. The EQ tank
should be operational in March.
AQUA, NC
OME.
J! G. C�rLUqjR
EE6 1- 3 2017
Mater Ouali , Regional
Uyilmi g on heg Regional Office

A,.
AAAA 06 1017
Shannon V. Becker, President Water Quality Regional
013erations Sectior
0: 919.653.5770 • F: 919.460.1788 e [e-mail],Iiimingcon Regional Office
March 3, 2017
Mr. James H. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: The Cape, New Hanover County, Permit No. NCO057703
Notice of Violation and Intent to Assess Civil Penalty
Tracking Number: NOV-2017-LV-0136
Dear Mr. Gregson:
Aqua North Carolina, Inc. (Aqua) offers the following response to the above -referenced Notice of
Violation and Intent to Assess Civil Penalty. This was for daily maximum exceedances for enterococci in
December 2016.
Aqua's Response:
In the absence of an equalization (EQ) basin, the Cape WWTP experiences changes in hydraulic
loading. The flow coming into the WWTP currently fluctuates between 5GPM and 250GPM,
which can cause settling in the clarifiers to be inconsistent.
Aqua submitted engineering plans and specifications for the addition of 100,000 gallon
equalization (EQ) basin to DEQ, which were approved on June 29, 2016. Aqua has been building
this addition for several months and start-up is scheduled for -March 2017. Aqua believes the new
EQ basin will allow for a more steady flow throughout the WWTP, which should eliminate
enterococci exceedances.
Aqua additionally visually inspects the effluent chamber to ensure it is maintained and cleaned on
a regular basis.
Based on the above explanation including the fact that the EQ basin project has been in process
for several months and is nearing completion, and Aqua is spending approximately $805,000 on
this effort that is expected to address the.root cause of this NOV, Aqua respectfully requests -no
civil penalty be issued.
202 MacKenan Court, Cary, NC 27511 • AquaAmerica.com

Page Two
Mr. James H. Gregson, Regional Supervisor
March 3, 2017
If you have any questions or comrnents, please do not hesitate to contact Joel Mingus at [phone].
Sincerely,
Shannon V. Becker
President
Aqua North Carolina, Inc.
cc: Joel Mingus
Michael Melton
Moses Thompson