NC0065480_LV20170212_20170707

W'a ter Resources
EN WRONKENNAL OUALITv
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, ITC 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 NCO065480
Aqua North Carolina Inc
Beau Rivage Plantation WWTP
Case No LV -2017-0212
New Hanover County
Dear Permittee
ROY COOPER
Governo,
MICHAEL S. REGAN
sccr='rory
S. JAY ZINUMERNIAN
Dh oaol
RECEIVED/NCDEWWR
JUL 17 2017
Water Quality
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $367 25 ($250 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 March 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 March 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, 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

S250 00 2 of the 2 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 Daily Maximum for E ITRCOCI
SO 00 0 of the 1 violations of 143-21-` I (a)(6) and Permit No NC0065480, by discharging waste water into
the waters of the State in violation of the Permit Daily Minimum for pH
$25000 'TOTAL CIVIL PENALTY
S11725 Enforcement Costs
$36725 TOTAL AIVIOU�T 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 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

®ptron 2: Submit a written request for remission ox 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
(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 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 thUly Q 0) 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 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 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 resul= 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 dean hunkele@ncdenr gov
Sincerely,
Jam- Gregson, Regiona 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

JUSTIFICATION FOR REMISSION REQU EST
Case Number: LV -2017-0212
Assessed Party: Aqua North Carolina Inc
Permit No.: NIC0065480
County: New Hanover
Amount Assessed: $367 25
Please use this form when requesting remission of this civil penalty You must also complete the 'Request For Remission,
ITraiver 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 14313-282 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
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE BEARING AiS-D
STIPULATION OF FACTS
Aqua North Carolina Inc )
Beau Rivage Plantation WWTP )
PERMIT NO NCO065480 ) CASE NO. LV -2017-0212
Having been assessed civil penalties totaling $367 2` 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 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
day of
ADDRESS
SIGNATURE
20

ATTACHMENT A
• Aqua North Carolina Inc
CASE NUMBER LV -2017-0212
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
3/7/2017 3-2017 Enterococci
Weekly
cfu/100ml
276
2420
7768
Daily
$12500
Maximum
Exceeded
3/22/2017 3-2017 Enterococci
Weekly
cfu/100ml
276
2420
7768
Daily
$12500
Maximum
Exceeded
3/22/2017 3-2017 pH
Weekly
Su
680
620
-90
Daily
$000
Minimum Not
Reached

DIVISION OF WA'T'ER RE SOURCES - CIVIL PENALTY ASSESSMENT
Violator: Aqua North Carolina Inc
Facility Name: Beau Rivage Plantation WWTP
Permit Number: NCO065480
County: New Hanover
Case Number: L,V-2017-0212
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; ���,� V
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;
�J��rvkW-„-0.
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 authori ; and
8) The cost to the State of the enforcement procedures.
$117.25
6"a %? !'d✓
d
Date J'hma rH. Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

May 31, 2017
Mr James H Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources
127 Cardinal Drive Extension
Wilrmngton, NC 28405
Re Beau Rivage Plantation WWTP, New Hanover County
Permit No NCO065480
Tracking Number NOV-2017-LV-0332
Notice of Violation and Intent to Assess Civil Penalty
Dear Mr Gregson
�L1\1 '0 5 2017
Vttater Quality Regional
Operations Ser -LM
Alilnitngton PeglOrlal ONIce
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
and daily minimum not reached for pH in March 2017
Aqua's Response:
The Beau Rivage WWTP was non-compliant during the month of March 2017 for enterococci
which was caused by insufficient chlorine contact time
Aqua is in process of expanding and redesigning the Beau Rivage Plantation WWTP because of
the increase in flow and structural limitations This expansion is scheduled to begin in the third
quarter of 2017, with both trains scheduled to be on line the second quarter of 2018 This
expansion will provide the needed improvements necessary for the WWTP to remain in
compliance Aqua will increase momtoimg of the Beau Rivage operations by having the operator
spend more time at the WWTP throughout the expansion process in an effort to help facilitate a
uniform treatment in the clarifier and adequate disinfection
Additionally, the Beau Rivage WWTP was non-compliant during the month of March 2017 for
pH during one sample event The pH was low due to high mixed liquor suspended solids'
(MLSS) concentrations in the aeration system and the results have returned to normal since the
March 22, 2017, daily minimum event
202 MacKenan Court, Cary, NC 27511 o 0 919 467 8712 o F 919 4601788 o AquaAmerica com

Page Two
Mr James H Gregson, Regional Supervisor
May 31, 2017
If you have any questions or conunents, please do not hesitate to contact Joel Mmgus at [phone]
Sincerely,
Moses A Thompson
Director of Operations
Aqua North Carolina, Inc
cc Joel Mmgus
Michael_ Melton
Shannon Becker

Water Resources
ENVIRONMENTAL QUALITY
Certified Maill # 70313 2630 0002 1133 7898
Return Receipt Reyested
May 12, 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-0332
Permit No. NCO065480
Beau Rivage Plantation WWTP
New Hanover County
Dear Permittee:
ROY COOPER
Govemor
N11CHAEL S. BEGAN
ser2efay'},
S. JAY ZIVIVI ✓RNIAN
Dhwt r
A review of the March 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below
Limit Exceedance Violation(s):
Sample
Location
parameter
Date
Limit
Value
Reported
Value
Type of Violation
001 Effluent
Enterococci (61211)
3/7/2017
276
2,420
Dally Maximum Exceeded
001 Effluent
Enterococci (61211)
3/22/2017
276
2,420
Daily Maximum Exceeded
001 Effluent
pH (00400)
3/22/2017
68
6 19
Daily Minimum Not Reached
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.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

If you wish to provide additional information regarding the noted violation, request technical assistance, or 41k
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
Monitoring Report(s) You will then be notified of any civil penalties that may be assessed regarding the
violations If no response is received) in this Office within the 310 -day period, a ccivill p enaity
assessment may be prepared.
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 violations of
State law. If the violations are of a continuing rature, 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
P,eminder- 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
Sincerely,
Jame . Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc WQS Wilmington Regional Office - 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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