The URL can be used to link to this page

Home My WebLink AboutNC0065480_LV20170213_20170707POY COOPER j.. MICHAEL S. REGAN SLcttfca,9 S. JAY ZIMMEIVVI�iN Water Resources 1)irV001 EN V IRCI NKENTAL QUAL13 v Certified Mail # 7013 2630 0002 1133 8482 Return Receipt Requested July 07, 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 l(a)(6) RECEIVEMCDEWWR and NPDES WW Permit No NCO065480 Aqua North Carolina Inc JUL 17 2017 Beau Rivage Plantation WWTP Case No LV -2017-0213 Water Quality New Hanover County Permitting Section Dear Permittee This letter transmits allotice 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 April 2017 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 NCO065480 The violations, which occurred in April 2017, 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 NCO065480 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 Environmental Quality and the Director of the Division of Water Resources, 1, 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 $25000 2 of the 2 violations of 143-215 1(a)(6) and Permit No NC0065480, by,discharping waste water into the waters of the State in violation of the Permit Daily Maximum for BOD - Conc 5125 00 1 of the 1 violations of 143-21_ 1(a)(6) and PermitNo NC0065480, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for E- TRCOCI $000 0 of the 1 violations of 143-215 1(a)(6) and Pen -nit No NC0065480, by discharging waste water into the waters of the State in violation of the Permit Daily Maximum for TSS - Conc 5625 00 1 of the 1 violations of 143-21_` 1(a)(6) and Permit No NC0065480, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for BOD - Conc $1,000 00 TOTAL CIVIL PENALTY $11725 Enforcement Costs $1,117 25 TOTAL, AMOUNT DLT 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 (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 14313-282 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 admimstrativ-i�-" hearing You may obtain the petition form from the Office of Administrative Hearings You must file the petition with the Office of Administrative Hearings withinthirty (30) days of receipt of this notice A petition is considered filed when i_ 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 in 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 byNCGS §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 (919) 733-2698 Fax (919) 733-3478 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/tune 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 maybe 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 (910) 796-7215 or via email at dean hunkele@ncdenr gov Sincerely, ' s H Gregson, Regional Supervisor g 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 JUSTIFICATION FOR REMISSION REQUEST Case Number: LV -2017-0213 County: New Hanover Assessed Party: Aqua North Carolina Inc Permit No.: NIC0065480 Amount Assessed: S1.11725 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), (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: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN COUNTY OF NEW HANOVER IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND STIPULATION OF FACTS Aqua North Carolina Inc ) Beau Rivage Plantation WWTP ) PERMIT NO NCO065480 ) CASE NO. LV -2017-0213 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 July 07, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing n 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 evid3nce 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 -2017-0213 PERMIT- NCO065480 REGION- Wilmington FACILITY Beau Rivage Plantation 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 4/12/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 45 234 4200 Daily $12500 C) - Concentration Maximum Exceeded 4/18/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 45 69 533 Daily $12500 C) - Concentration Maximum Exceeded 4/30/2017 4-2017 BOD, 5 -Day (20 Deg Weekly mg/I 30 6580 1193 Monthly $62500 C) - Concentration Average Exceeded 4/12/2017 4-2017 Enterococci Weekly cfu/100ml 276 2420 7768 Daily $12500 Maximum ,Exceeded 4/12/2017 4-2017 Solids Total Weekly mg/I 45 51 30 140 Daily $000 Suspended- Maximum Concentration Exceeded DIVISION. OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Aqua North Carolina Inc Facility Name: Beau Rivage Plantation WWTB Permit Number: NCO065480 County: New Hanover Case Number: LV -2017-0213 ASSESSMENT FAC'T'ORS 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; 6 /1 =„9,�q��.,s'� ��,�.,,�� C�✓'�_�-� �ca ��JG'"'� i �9 2) The dura and gravity of the violation; 3) The effect on ground or surface water quantity or qua(y or on air quality; rV��)W� , 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 vironmental Management Commission has regulatory authority; and 8) The cost to the State of the enforcement procedures. $117.25 Date J mes . Gregson, Regi na pervisor Wa r Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ 6 r .x Water Re,3ource,5 6P1'k+] 10104FNTAt QUALFWY Certified MaH # 7013 2630 0002 1133 7997 Return Receipt Requested June 19, 2017 Shannon V Becker, President Aqua North Carolina Inc 202 Mackenan Ct Cary, NC 27511 SUBJECT, NOTXCIE OF VHOLATHON & HINTENT TO ASSESS CKVHL PENALTY Tracking Number. NOV-2017-LV-0448 Permit No NCO065480 Beau Rivage Plantation WWTP New Hanover County Dear Permittee. ROY COOPER Gowrnor MICHAEL S, REGAN S JAY ZIMMERMAN Lrkwar A review of the April 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5 -Day (20 Deg C) - 4/12/2017 45 234 Daily Maximum Exceeded Concentration (C0310) 001 Effluent Enterococci (61211) 4/12/2017 276 2,420 Daily Maximum Exceeded 001 Effluent Solids, Total Suspended - 4/12/2017 45 513 Daily Maximum Exceeded Concentration (C0530) 001 Effluent BOD, 5 -Day (20 Deg. C) - 4/18/2017 45 69 Daily Maximum Exceeded Concentration (C0310) 001 Effluent BOD, 5 -Day (20 Deg C) - 4/30/2017 30 65.8 Monthly Average Exceeded Concentration (C0310) State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 910-796-7215 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 WW 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 Q.,r 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 writting 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 Monitoring Report(s) You will then be notified of any civil penalties that may be assessed regarding the violations Hf no response is received in this Office within the 10 -day period, a civH penalty assessment may be prepared. red. Remedial actions should have already been taker to correct this problem and prevent further occurrences in the future The Division of Watdr Resources may pursue enforcement action for this and any additional violations of State law If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Renninder. 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 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 Sin James egsbn, Regional Supervisor Water'Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc WQS Wilmington Regional Office - Enforcement File Cenral Files, WQS State of North Carolina I Environmental Quality I Water Resources 127 Cardinal Drive E>tension, Wilmington, North Carolina 28405 910-796-7215 A r ® Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired ® Print your name and address on the reverse so that we can return the card to you EI Attach this card to the back of the mailpiece, or on the front if space permits. 1 Article Addressed to SX/j i A Signature 1 ^, X JC g nt - ee B Recei d by (P ted Name C Date of Delivery D Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below ❑ No 3 Service Type Certified Mail® ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4 Restricted Delivery? (Extra Fee) ❑ Yes 2 Article Number (Transfer from service label) 7 013 2630 0002 1133 7997 PS Form 3811, July 2013 Domestic Return Receipt , r� —CR o °� a o' AUcl frl Postage $ fU Certified Fee 0 Return Receipt Fee CO (Endorsement Required) Postmark ED Res4r`cted Delivery Fee Here O (Endorsement, Required) M ...D Total FostagFees &Fe rL $ MSeruo ----- -` O Street, Apt No or PO B Iti ox No. 12 J�� -