NC0057703_LV20180004_20180109

M
'S•
Water Resclurces
ENVMONMENTA, GUAL'"
Certified Mail # 7013 2630 0002 1133 9489
Return Receipt Requested
January 09, 2018
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 NCO057703
Aqua North Carolina Inc
The Cape WWTP
Case No LV -2018-0004
New Hanover County
Dear Permittee
ROY COOPER
Gal erns r
1\LICI-LAEL S REG AN
Sac?e'e i 1-
LLVDA CULPEPPER
-RECEIVED/DENR//DWR
JAN 27 2018
Nater Resources
Permitting Section
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $1,387 75 ($1,250 00 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 October 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 NC0057703.
The violations, which occurred in October 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, Morella Sanchez King,
Acting 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

$31250 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 Daily Maximum for ENTEROCOCCI
937 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 ENTEROCOCCI
$1,250 00 TOTAL CIVIL PENALTY
137 75 Enforcement Costs
$1,38775 TOTAL AMOUNT DUE
Pursuant to G S 143-215 6A(c), in determining the amount of the penalty 1 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 fiom the violation,
(2) The duration and gravity of the violation,
(3) The effect on ground or surface water quantity or quality or on an 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) Submi= a written request for remission, OR
(3) Submi= 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 i esultmg 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 Pacts" form within thg1y 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 hearinI4 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 this -y (30) days of receipt of t1iis 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, No-th 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 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
Acting 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 - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2018-0004
Assessed Party: Aqua North Carolina Inc
Permit No.: NC0057703
County: New Hanover
Amount Assessed: $1,38775
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 (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'S '
COUNTY OF NEW HANOVER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING ANID
STIPULATION OF FACTS
Aqua North Carolina Inc )
The Cape WWTP )
PERMIT NO NCO057703 ) CASE NO. IAV -2018-0004
Having been assessed civil penalties totaling $1,387 75 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 09, 2018, 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
Aqua North Carolina Inc
CASE NUMBER LV -2018-0004
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
10/10/2017 10-2017 Enterococci
Weekly
cfu/100ml
276
2,420 7768
Daily
$31250
Maximum
Exceeded
10/31/2017 10-2017 Enterococci
Weekly
cfu/100m1
35
6617 890
Monthly
$93750
Geometric
Mean
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Aqua North Carolina Inc
Facility Name: The Cape WWTP
Permit Number: NCO057703
County: New Hanover
Case Number: LV -2018-0004
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;
The degree and extent of harm has not been quantified, however, high bacteria concentrations in
wastewater effluent in indicative of poor disinfection at the plant Wastewater effluent that has
not been effectively disinfected can pose a serious public health threat
The receiving stream is an effluent to the Cape Fear River, classified as SC
2)The duration and gravity of the violation;
This penalty assessment is for two violations to the enterococci weekly count (1) On 10/10/2017
(776% above the limit) and (2) On 10/31/2017 (89% above the limit) Ref October 2017 DMR
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on ground or surface water quantity or quality have not been evaluated
4) The cost of rectifying the damage;
Unknown
5) The amount of money saved by noncompliance;
Unknown
6) Whether the violation was committed willfully or intentionally;
There is no evidence that the violation was committed willfully or intentionally, however the
facility has five enterococci enforcement actions in 2017 A new EQ basin started service in
March 2017, but it seems that surge flows have not been entirely controlled Consequently,
unproper settling and disinfection remain which bring about continued enterococci violations
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
The facility has five previous enforcement action in the preceding 12 -month period (all for
enterococci violations)
8) The cost to the State of the enforcement procedures. .
$137.75
0 o
Date
Morella SanchqjJJGng, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

4
December 28, 2017
Mr Morella Sanchez King, Asst Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Re The Cape, New Hanover County, Permit No NCO057703
Tracking Number NOV-2017-LV-0797
Notice of Violation and Intent to Assess Civil Penalty
Dear Mr King.
jA, N o —5' r, r,; I,
3°'roil
kc
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 enterococci violations in October 2017
Aquals Response:
Aqua constructed and placed the new EQ basin into service on March 26, 2017 Since startup of
the new EQ, Aqua has been adjusting operations at the plant as the combination of the new EQ
and the addition of the flow from Dolphin Bay have both been significant changes to this plant
The average daily flow at this plant has consistently been above 80% since this change
In October 2017, there has continued to be situations that caused an increased surge of flow
through the plant, resulting in inconsistent settlmg in the clarifiers and inconsistent chlorine
demand in the contact chamber Although the new EQ basin has improved the plant performance,
it continues to experience circumstances that have caused pin floc to enter the contact chamber
and has increased the chlorine demand This plant, with the current loading, also typically needs
sludge wasting two times per week, which requires wasting all four trains at the same time This
has become a balancing act of using the digester to the maximum capacity and trying to get
hauling lined up on precise dates. These situations have led to the heightened lab result of >2420
for enterococci on October 10, 2017
Aqua is looking into several permanent options to help solve this issue
1 Modifying the flow paced chlorine and dechlor pumping. Currently this is steady rate
pumping.
2 Adding a mechanical pump to the contact chamber to allow for cleaning the contact
chamber after the flow fluctuations come through This will add consistency to the
treatment process to this chamber
202 MacKenan Court, Cary, NC 27511 - 0 919 467 8712 - F 919 4601788 - AquaAmerica com

Remedial actions should have already been taken to correct this problem and prevent further occurrences in the "I
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
Remndler 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,
1
Morella Sac e- - , Acting 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

W-a ter- Re sources
Certified Mai[ # 7017 1450 0000 39137 29771
Return Receigt Reguested
December 8, 2017
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Ct
Cary, NC 27 511
SUBJECT NOTICE OF VIOLATION iL INTENT TO ASSESS CIVIL PENALTY
Tracking Number, NOV-2017-LV-0797
Permit No NCO057703
The Cape WW -FP
New Hanover County
Dear Permittee.
ROY COOPER.
N fIC ELa-EL S_ REO k%7
Secr��
LL's � CLIP EPPER.
ir_2,7_?-hn Dlrec c7
A review of the October 2017 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit
Date Value
Reported
Value
Type of Violation
001 Effluent Enterococci (61211)
10/10/2017 276
2,420
Daily Maximum Exceeded
001 Effluent Enterococci (61211)
10/31/2017 35
66.17
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 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
Reports) 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 civill peraa" assessment may be
prepared.
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
m n -rnt �q 1 c

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Page Two
Mr Morella Sanchez King
December 28, 2017
3 Evaluating the digester capacity and determining improvements needed
Aqua expects to have solutions for these issues in place in approximately 90 days. This plant has
also started a PER study to evaluate expansion alternatives.
If you have any questions or comments, please do not hesitate to contact Joel Mmgus at [phone].
Moses A Thompson
Director of Operations
Aqua North Carolina, Inc
cc Joel Mmgus
Michael Melton
Shannon Becker