NC0028941_Request to Remit Civil Penalties_20161004

WaterResources
ENVIRONMENTAL QUALITY
October 4, 2016
CERTIFIED MAIL 7009 2250 0000 8087 0767
RETURN RECEIPT REQUESTED
Shannon V. Becker, -President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Dear Mr. Becker:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Request to Remit Civil Penalties - Denied
Decision in Case Number: PC -2016-0047
for Aqua North Carolina, Inc.
Pine Valley Subdivision WWTP
NPDES Permit NCO028941
Rowan County.
In accordance with North Carolina General Statute 143-215.6A(f), the North Carolina Division of Water
Resources (the Division) has reviewed your request to remit civil- penalties in the subject case. We regret
to inform you that the Director has denied your request.
Therefore, your outstanding balance ($600.00) is due and payable. Two options are available to you at
this stage of the remission.process:
1) You may pay this balance.
If you decide to pay the penalty, please make your check payable to the Department of Environmental
Quality (DEQ). Send the payment, within thirty (30) calendar days of receiving this letter, to the
attention of:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
a�
OR
2) You may request the Environmental Management Commission's (FMC's)
Committee on Civil Penalty Remissions (the Committee) to make the final decision
on your remission request considering your additional oral input, as warranted.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

Mr. Becker
October 4, 2016
Page 2 of 2
If payment is not received within 30 calendar days from your receipt of this letter, your current request for
remission and this letter of denial will be delivered to the Committee on Civil Penalty Remissions for
final agency decision.
If you or your representative would like to speak before the Committee, you must complete and return the
attached Request for Oral Presentation Form within thirty (30) calendar days of receiving this letter. Send
completed form(s) to:
Wren Thedford
NC DEQ/DWR/Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If you make such a request, the EMC Chairman will review, the supporting documents and your request
for an oral presentation. If, in his/her judgment, the Chairman determines that there is compelling reason
to require a presentation, you will be notified as to when and where you should appear. If your
presentation is not required, the final decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. Therefore, the EMC may choose to uphold the
original penalty and offer no remission, they may agree with the DWR Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you have any questions, please contact Derek Denard at
derek.denard(i ,ncdenngov or call 919-807-6307.
Sincerely,
Derek Denard, Environmental Specialist
Compliance & Expedited Permitting Unit
Division of Water Resources, DEQ
Attachments: Director's Decision; Request for Oral Presentation form
Permittee's Request for Remission
Waver of Rights to Administrative Hearing and Stipulation of Facts
Permittee's Justification for Remission Request
cc: Corey Basinger, DWR / Mooresville Regional Office
i NPDE§-J
Enforcement File
Central Files
ec: Laurie Ison, Area Manager -Western NC, Aqua NC [[e-mail]]

DWR SIGNATURE PAGE
SUMMARY OF REMISSION FACTORS FOR ASSESSING CP*7M PENALTIES
Case Number: PC -2016-0047
Region: Mooresville
County:
Assessed Entity: Aqua North Carolina, Inc. -Pine Valley Subdivision Permit No.:
Assessment Factors
Rowan
NCO028941
® (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment
of the petitioner:
® (b) 'Whether the violator promptly abated continuing environmental damage resulting from the
violation:
❑ (c) Whether the violation was inadvertent or a result of an accident:
Was not asserted by the permittee.
® (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial
actions:
Was not asserted by the permittee.
Permittee: Aqua North Carolina, Inc. (Aqua) acknowledged that permit renewals required electronic Discharge
Monitoring Reports (e -DMR) filing. Aqua asserts that they have been working with the administrator for
electronic reporting since 2015. They asserted that they provided registration forms in September 2015 and
August 2016 for their North Carolina facilities. Aqua is working on eDMR registration and updating ORC
information.
DWR Notes: The permit condition required that Aqua apply and begin submitting eDMRs for the subject facility
no later than 12/27/2014. Aqua received a Notice of Deficiency (NOD) on March 18, 2015 and a Notice of
Violation (NOV) on 09/10/2015. No response was received from Aqua in response to the NOD or the NOV for
this facility. Aqua indicated that they attempted to register in September 2015, but the application was incomplete
because Aqua was required to register for all of their permitted facilitates under their ownership. Additionally,
Aqua neither requested an extension of any of their permit condition deadlines nor did they apply for a waiver.
Since receiving NOVs in July 2016 for many of their permitted facilities, Aqua submitted registration for eDMR
which was received on July 27, 2016 for all permitted facilities under their ownership. Aqua began submitting by
eDMR on August 31, 2016.
DECISION (Check One)
Request Denied
Full Remission ❑ Retain Enforcement Cost? Yes ❑ No ❑
Partial Remission ❑ $ (Enter Amount)
1XI M
ay Zimmerman, P.G., Director Date

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
AQUA NORTH CAROLINA INC
PINE VALLEY SUBDIVISION WWTP
ENVIRONMENTAL MANAGEMENT
COMMISSION
DWR Case Number PC -2016-0047
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
Us 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 potential violation of the statute concerning the authorized practice of law has occurred.
This the day of , 20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE (

STATE OF NORTH CAROLINA
COUNTY OF ROWAN
RECEIVEDINCDEQIDWR
AUG 2 4 2016
Water Quality
Permitting Section
DEPARTMENT OF ENVIRONMENTAL
QUALITY
IN THE MATTER OF ASSESSMENT )
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST )
ADMINISTRATIVE HEARING AND
AQUA NORTH CAROLINA, INC. )
STIPULATION OF FACTS
PINE VALLEY SUBDIVISION )
FILE NO. PC -2016-0047
PERMIT NO. NCO028941
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 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 ofassessment.
This the 240 day August 2016.
hannon V Becker, President
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
919-653=6964

Case Number: PC -2016-0047 County: Rowan
Assessed Party: Aqua North Carolina Inc.
PermitNo.: 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 ofRight to an Administrative Hearing, and Stipulation of Facts" form to request remission ofthis 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).
✓ 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);
✓ 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);
• 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);
✓ the violator had not been assessed civil penalties for any previous violations;
• 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).
Aqua North Carolina, Inc. (Aqua) recognizes that our permit renewals required electronic Discharge Monitoring
Reports (e -DMR) filing. Since 2015 Aqua has been working with the State's administrator to register our company
in the state's database. In September 2015 and August 2016 Aqua provided registration forms for our North
Carolina facilities. Aqua continues to work diligently with the State's administrator to complete the registration
process for the State's: database allowing us to electronically file DMRs. Aqua has also been working with the
State's a -DMR administrator to update the ORCs and backup ORCs in the state's database.
RECEIVEI)NC®EQIDWR
AUG 2 4 2016
Water Q Section
permitting