NC0065480_LM20170031_20171003

Water Resources
LNYiRONMENT.AL DUALrrY
Certified Mail # 7013 2630 0002 1133 9021
Return Receipt Requested
October 03, 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 NCO065480
Aqua North Carolina Inc
Beau Rivage Plantation WWTP
Case No LM -2017-0031
New Hanover County
Dear Permittee
ROY COOPER
Cover nn,
MICHAEL S. RE(;AN
S- JAY ZIMMERM AN
RECEIVEDMCDEO/DWR
OCT 16 2017
wdtOC Wit` -~alit}
perrTiittllt1g secilnn
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,075 25 ($937 50 civil penalty +
$137 75 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 June 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 June 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 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

S000 0 of the 1 violations of 143-2-- 5 1(a)(6) and Permit No NC0065480, by discharging waste water into
r
the waters of the State in violation of the Permit Daily Maximum for p
S937 50 1 of the 1 violations of 143-215 1(a)(6) and Pennit No NC0065480, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for FLOW
SO 00 for 0 of the 1 failures to properly monitor NH3-N - Conc in violation of Permit No NCO065480
S93750 TOTAL C1VDL PENALTY
S13775 Enforcement Costs
S1,075 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 1(b), which are
(1) The degree and extent of harm to the nataral 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 I (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 Resouices 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 Pacts" 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 Marl 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 r
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 in , 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
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 res.ilt 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 Hurnkele with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at dean hunkele@ncdenr gov
Sincerely,
Jarliel 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 - Fnforcement File

Case Number: LM -2017-0031
JUSTIFICATIONYOR REMISSION REQUEST
County: New Hanover
Assessed Party: Aqua forth Carolina Inc
Permit No.: NC0065480 Amount Assessed: $1.075 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 § 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 QtiALITY
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPL-LATION OF FACTS
Aqua North Carolina Inc )
Beau Rivage Plantation WWTP )
PERMIT NO NCO065480 ) CASE NO. LM -2017-0031
Having been assessed civil penalties totaling $1,075 25 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated October 03, 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
ADDRESS
TELEPHONE
SIGNATURE
20

ATTACHMENT A
MONITORING 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
6/3/2017 6-2017 Nitrogen, Ammonia Weekly mg/I Frequency $000
Total (as N) - Violation
Concentration
Aqua North Carolina Inc
CASE NUMBER LM -2017-0031
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
6/30/2017
6-2017
Flow, in conduit or thru
Continuous mgd 010
010 81
Monthly
$93750
treatment plant
Average
Exceeded
6/28/2017
6-2017
pH
Weekly su 8 50
860 1 5
Daily
$000
Maximum
Exceeded
MONITORING 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
6/3/2017 6-2017 Nitrogen, Ammonia Weekly mg/I Frequency $000
Total (as N) - Violation
Concentration

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Aqua I orth Carolina Inc
]Facility Name: Beau Rivage Plantation WWTP
Permit Number: NCO065480
County: New Hanover
Case Number: LM -2017-0031
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;
2) The duration and gravity of the violation; a
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;
hI1
6) Whether the violation was committed willfully or int rationally; u
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
®�- ra
8) The cost to the State of the enforcement procedures.
$137.75
Dat Jam` J. Gregson, Regional S pervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

Asm
September 1, 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 Beau Rivage Plantation WWTP, New Hanover County
Permit No. NCO065480
Tracking Number. NOV-2017-LM-0058
Notice of Violation and Intent to Assess Civil Penalty
Dear Mr Gregson
r '20q
n
'rl�i(r�ir car�rpec ion ar
,eg(orrat 0[f'C'
Aqua North Carolina, Inc (AQUA) offers the following response to the above -referenced Notice of
Violation and Intent to Assess Civil Penalty. This was issued for violations that occurred in June 2017
Aqua's Response:
The Beau Rivage WWTP was non-compliant during the month of June 2017 for flow, pH, and
ammonia frequency violation
This plant has continued to see an increase in flow, increasing from 80% flow capacity to over
100% over the past year Aqua performed a targeted SSES in the collection system and repaired
a significant inflow in the area. The repair was completed on Wednesday August 16, 2017, and
the flow at the plant has been noticeably lower. The August 2017 DMR will reflect this repair,
however, the average is still over 100,000 gpd.
Aqua believes the elevated pH levels are attributable to our chlorination process for disinfection
The Beau Rivage WWTP currently uses high levels of chlorine and dechlor to reduce enterococcr
levels due to limited contact time To verify this, Aqua has initiated a pilot test to measure our
pH before and after the chlorination and dechlorination processes to ascertain whether this
disinfection process is significantly impacting the pH of the final discharge Based on these
results, Aqua will determine what steps need to be taken to properly address the pH levels in the
plant. If it is determined that the chlor/dechlor process is not causing a pH increase, we will
investigate other potential causes, and consider options including incorporating acrd addition in
the upgraded treatment plant design.
Regarding the weekly ammonia frequency violation, a composite sample was collected for
ammonia analysis during the last week of May 2017 and submitted to the lab, however, when
202 MacKenan Court, Cary, NC 27511 o AquaAmerica com

Page Two
Mr James H Gregson, Regional Supervisor
September 1, 2017
Aqua inquired as to what the result was, the lab noted they were unable to analyze the original
sample taken for ammonia The lab indicated they attempted to contact Aqua to request a
resample, however, we have no evidence of this request for a resample Based on this apparent
confusion in the labs' request, Aqua inadvertently failed to provide the ammonia resample to the
lab
The engineering, design, and permitting phases of the Beau Rivage WWTP expansion and
upgrade project is underway with construction beginning in September, 2017. Both trains are
scheduled to be on line before the end of the second quarter of 2018 This expansion will
increase the treatment capacity from 100,000 to 200,000 gpd and will include ultraviolet
disinfection, with the intent to eliminate future enterococci violations and improve overall
performance of the plant The expansion and upgrades are intended to effectively address the
capacity and compliance challenges the plant is experiencing that are the result of current plant
design and capacity limitations.
If you have any questions or comments, please do not hesitate to contact Joel Mingus at [phone]
Sincerely,
G
Moses A Thompson
Director of Operations
Aqua North Carolina, Inc
cc Joel Mmgus
Deb Watkins
Shannon Becker

r
Certtified Mail # 7013 2630 0002 1133 86971
Return Receigt Pteguested
August 17, 2017
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27511
SUBJECT NOTICE OF VIOLATIONS & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2017-LM-0058
Permit No NCO065480
Beau Rivage Plantation WWTP
New Hanover County
Dear Permittee:
PO'Y COOPER
Gn4 c rhw
MICHAEL S. PECAN
_arrre,t's
5 JAY 711viMERMAN
N<rfrcr
A review of the June 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
pH (00400)
6/28/2017 8 5
863
Daily Maximum Exceeded
001 Effluent
Flow, in conduit or thru
6/30/2017 0 1
Oil
Monthly Average Exceeded
treatment plant (50050)
Monitorina Violation(s):
Sample Monitoring
Location Parameter Date Frequency Type of Violation
001 Effluent Nitrogen, Ammonia Total (as N) - 6/3/2017 Weekly Frequency Violation
Concentration (C0610)
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

f
A Nonce of Violation/Intent to Issue Civil Penalty is being issi,ied 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 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 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 10 -day period, a civil penal) tsy 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
Real finder 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,
J e H. 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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