NC0057703_LV20170198_20170707

ROY COOPER
CovrYna,
N11CHAEL S. REGAN
JCCti'lUf�'
Water Resources S. JAY ZlkViia EUV1AN
ENVIRONMENTAL QUAUTY Ditectol-
Certified Mail # 7013 2630 0002 1133 8390
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) RECEIVEDINCDEWWR
and NPDES WW Permit No NCO057703
Aqua North Carolina Inc JUL 17 2017
The Cape WWTP
Case No LV -2017-0198 Water Quality
New Hanover County Permitting Section
Dear Permittee
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,992 25 ($1,875 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 NCO057703
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 NCO057703 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

S937 50 3 of the 3 violations of 143-215 l (a)(6) and Permit No NC0057703, by dischai ging waste water into
the waters of the State in violat=on of the Pen -nit Qaily Maximum for ENTRCOCI
S937 50 1 of the 1 violations of 143-215 l (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
S1.87500 TOTAL CIVIL PENALTY
S 117 25 Enforcement Costs
$1,992 25 TOTAL ANIOLTNT 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 admmistratrve 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
(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 thgty 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 hearinIZ with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment doc'ament 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 §15OB-23 2) is received m 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, Ncrth 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 PleEse 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
S in,:=ely,
Jarres_ Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wihnmgton Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc WQS Wilmington Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION EOR REMISSION REQUEST
Case Number: LV -2017-0198
Assessed Party: Aqua North Carolina Inc
Permit No.: N,C0057703
County: New Hanover
Amount Assessed: S1,99225
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 maybe 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 (z 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 HEARING AN
STIPULATION OF FACTS
Aqua North Carolina Inc )
The Cape W WTP )
PERMIT NO NCO057703 ) CASE NO. LV -2017-0198
Having been assessed civil penalties totaling $1,99225 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 (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
Aquw North Carolina Inc
CASE NUMBER LV -2017-0198
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
3/1/2017
3-2017
Enterococci
Weekly
cfu/l00ml
276
2420 7768
Daily
$31250
Maximum
Exceeded
3/22/2017
3-2017
Enterococci
Weekly
cfu/100m1
276
2420 7768
Daily
$31250
Maximum
Exceeded
3/28/2017
3-2017
Enterococci
Weekly
cfu/100ml
276
2420 7768
Daily
$31250
Maximum
Exceeded
3/31/2017
3-2017
Enterococci
Weekly
cfu/100ml
35
33090 8455
Monthly
$93750
Geometric
Mean
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Acqua North Carolina Inc
Facility Name: The Cape WWTP
Permit Number: NC0057703
County. New Hanover
Case Number: IAV -2017-0198
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;k_
2) The duration" and gravity of the violatlbn; Zt
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.
$117.25
Date James' . Gre son, Re . odaTgpervisor
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 Caramal_ Drive Extension
Wilmington, NC 28405
Re The Cape, New Hanover County
Permit No NCO057703
Tracking Number NOV-2017-LV-0331
Notice of Violation and Intent to Assess Civil Penalty
Dear Mr Gregson
JUf\! 0 5 2017
AA/ater Quality RegionaE
Operations SecdQri
VfilrningEon Pegionai Gi ice
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 and a monthly
geometric mean exceedance for enterococci in March 2017
Aqua's Response:
Prior to commissioning a new Equalization Basin (EQ), which was placed in service on March
26, 2017, the wastewater flow through The Cape WWTP fluctuated between five gallons per
minute (gpm) to 250 gpm In the absence of an EQ, this variation in hydraulic loading caused
settling in the clarifiers and subsequent disinfection to be inconsistent, which is the reason Aqua
continued to experience challenges in meeting the enterococci limit for March 2017 Since the
installation of the new EQ, the Operator in Responsible Charge (ORC) reports a significant
change in the overall plant process which has improved his ability to operate the plant more
effectively Aqua has additionally performed other associated improvements to ensure successfial
plant operation including replacement of a broken valve between the influent pump station and
the EQ basin which took place on April 28, 2017 Aqua believes the sampling for May 2017 will
demonstrate the effectiveness of these improvements
As noted in previous NOV responses, Aqua has spent over $800,000 on improvements at The
Cape WWTP and respectfully requests no civil penalty be issued
202 MacKenan Court, Cary, NC 27511 - 0 919 467 8712 - F 919 4601788 - AquaAmerica com

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

Water Resources
EN>PMOUR:ENTAL OUALITY
Certified frifilail # 7013 2630 0002 1133 7881
Return Receigt Reg uestedl
May 12, 2017
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT, NOTHCIE OF ` XOILATHON & HNTENT T® ASSESS CXVXL PENALTY
Tracking Number- NOV-2017-LV-0331
Permit No NCO057703
The Cape WWTP
New Hanover County
Dear Permittee -
ROY COOPER
corerno-
MICHAEL S. REGAN
Secrzuey
S, JAY ZIM MERMAAl
Dire ercx,
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
®ate
Limit
Value
Reported
Value
Type of Violation
001 Effluent
Enterococci (61211)
3/1/2017
276
2,420
Daily Maximum Exceeded
001 Effluent
Enterococci (61211)
3/22/2017
276
2,420
Dally Maximum Exceeded
001 Effluent
Enterococci (61211)
3/28/2017
276
2,420
Daily Maximum Exceeded
001 Effluent
Enterococci (61211)
3/31/2017
35
330 92
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.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 2$405
910-796-7215

If you wish to provide additional information regarding the noted violation, request technical assistance,tor '
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 cf any civil penalties that may be assessed regarding the
violations If no response is received in this Office within the b® -day period, a civ ll p enlallty
assessment may he 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 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
Reminder: 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,
James -fl 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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