NC0065480_LV20170281_20171122

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 AND
STIPULATION OF FACTS
Aqua North Carolina Inc )
Beau Rivage Plantation WWTP )
PERMIT NO NCO065480 ) CASE NO. LV -2017-0281
Having been assessed civil penalties totaling S 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 (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
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Nov 1 1 7 2017
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day of November
SIGNATURE
ADDRESS
Aqua North Carolina, Inc.
202 Mackenan Court
Cary, NC 27511
TELEPHONE
919-653-5770
2017

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2017-0281.
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0065480
County: New Hanover
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.0 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).
(a) one or more of the civil penalty assessment factors in N.0 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);
X (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 czvil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
AQUA is in the process of expanding its Beau Rivage wastewater treatment plant (WWTP)
operating under NPDES Permit No. NC0065480. The expanded WWTP will treat 200,000 gpd of
wastewater using two treatment trains that include tertiary filtration and ultraviolet (UV)
disinfection. The expansion will be completed in several phases, allowing for the upgrade of one
treatment train at any given time and the addition of UV. AQUA plans to complete the
construction and start up by September 30, 2018, and be in full compliance with NPDES Permit
No. NC0065480 by December 31st, 2018.
AQUA and NCDEQ met on October 26, 2017 to discuss expansion of the Beau Rivage WWTP,
previous notifications of violation (NOVs), and the potential for future violations while the WWTP
is being expanded in several phases. Both parties are working collaboratively toward developing
and executing an Environmental Compliance Agreement (ECA) by a target date of November 30,
2017. This ECA will provide for the ability to treat up to 150,000 gpd of wastewater until the
WWTP expansion is certified by an AQUA professional engineer. The ECA will require that the
WWTP operate within conditions established in the ECA, thus preventing environmental damage
from occurring during the expansion and return to compliance period.