WQ0000088_Remission Decision_20180612

ROY COOPER
Governor
jyY
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Water Resources Interim Directo,
ENVIRONMENTAL QUALITY
June 12,2018
CERTIFIED MAIL 7016 2140 0000 4371 1100
RETURN RECEIPT REQUESTED
Mr. Shannon V.Becker,President
AQUA North Carolina,Inc.
202 MacKenan Court
Cary,NC 27511
Subject: Settlement Agreement for NPDES Permit Nos.
NC0049662,NC0051314,and WQ0000088
Dear Mr.Becker:
Please find attached a copy of the signed Settlement Agreement for NPDES Permit Nos.NC0049662,
NC0051314, and WQ0000088 for enforcement cases PC-2017-0020, SS-2017-0002, SS-2017-0003,PC-
2017-0021, and PC-2017-0022. If you have questions,please contact John Hennessy at 919-807-6377 or
via email [[e-mail]].
Sincerely,
Brianna Young
Compliance and Exp dited Permitting Unit
cc: NPDES Files
Central Files
Raleigh Regional Office
•
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh,North Carolina 27699-1617
919 707 9000

STATE OF NORTH CAROLINA NC DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF WAKE FILE NOs.: PC-2017-0020, SS-2017-0002,
SS-2017-0003; PC-2017-0021; &PC-2017-0022
IN THE MATTER OF ASSESSMENT OF
CIVIL PENALTIES AGAINST:
AQUA NORTH CAROLINA, INC. SETTLEMENT AGREEMENT
PERMIT NOs:
NC0049662,NC0051314, &WQ0000088
Aqua North Carolina, Inc. ("Aqua NC, Inc.") and the Division of Water Resources
("DWR") of the North Carolina Department of Environmental Quality ("the Department or
NCDEQ"), hereby enter into this Settlement Agreement ("Agreement") in order to resolve
matters in controversy between them pursuant to N.C. Gen. Stat. § 150B-31(b). This matter
arose out of the assessment of three (3) civil penalties against Aqua NC, Inc. on June 27, 2017.
A civil penalty (File No. PC-2017-0020, SS-2017-0002, SS-2017-0003) was assessed against
Aqua NC, Inc. in the amount of eighty-nine thousand five hundred dollars ($89,500.00), plus
enforcement costs in the amount of four thousand one hundred forty dollars and thirty-nine cents
($4,140.39), totaling ninety-three thousand six hundred forty dollars and thirty-nine cents
($93,640.39) for violations of 15A NCAC 02B .211(2), 15A NCAC 02B .0211(6), 15A NCAC
02B .0211(8) and NPDES Permit NC0049662. A civil penalty (File No. PC-2017-0021) was
assessed against Aqua NC, Inc. in the amount of eighty-one thousand five hundred dollars
($81,500.00), plus enforcement costs in the amount one thousand fifty-one dollars and eight
cents ($1,051.08), totaling eighty-two thousand five hundred fifty-one dollars and eight cents
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($82,551.08), for violations of 15A NCAC 02B .0211(2), 15A NCAC 02B .0211(8), and NPDES
Permit NC0051314. A civil penalty (File No. PC-2017-0022) was assessed against Aqua NC,
Inc. in the amount of forty thousand dollars ($40,000.00), plus enforcement costs in the amount
of one thousand one hundred seventy-five dollars ($1,175.00), totaling forty-one thousand one
hundred seventy-five dollars ($41,175.00), for violations of NPDES Permit WQ0000088. The
three civil penalties amount to a total of two hundred seventeen thousand three hundred sixty-six
dollars and forty-seven cents ($217,366.47).
Without any hearing of fact or law in the above-styled matter, IT IS THEREFORE
AGREED BY THE PARTIES THAT:
1. In order to avoid the cost and delay of litigation, the parties have entered into this
Agreement and have agreed that all parties have been correctly designated and that there is no
question as to misjoinder or nonjoinder.
2. According to the terms below, and specifically provided that Aqua NC, Inc.
complies fully and completely with each and all of them, the parties have agreed that Aqua NC,
Inc. shall pay the amount of$184,761.00, one hundred eighty four thousand seven hundred sixty-
one dollars ("Settlement Amount"), to the Department in accordance with the terms hereof in
complete satisfaction of the civil penalties related to File Nos. PC-2017-0020, SS-2017-0002,
SS-2017-0003; PC-2017-0021; and PC-2017-0022.
3. The payment shall be due within thirty (30) days of execution of this Agreement.
Payments shall be made by money order or check and made payable to the North Carolina
Department of Environmental Quality or NCDEQ, and delivered to the following address:
John A. Payne
Assistant Attorney General
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D
NC Department of Justice
Environmental Division
PO Box 629
Raleigh,North Carolina 27602-0629
4. The breach of any condition of this Agreement by Aqua NC, Inc. will render due
and payable immediately the entire settled amount of the civil penalty assessments, i.e., two
hundred seventeen thousand three hundred sixty-six dollars and forty-seven cents ($217,366.47),
less any payments made by Aqua NC, Inc. If necessary, Aqua NC, Inc. will be notified in
writing of this payment demand by DWR.
5. Nothing in this Agreement shall restrict the right of DWR to inspect or take
enforcement action against Aqua NC, Inc. for any violations, not previously addressed through
civil penalties PC-2017-0020, SS-2017-0002, and SS-2017-0003, new violations or subsequent
violations of permit conditions, environmental statutes, or rules promulgated thereunder.
Similarly, nothing in this Agreement shall restrict Aqua NC, Inc.'s right to contest a new or
subsequent enforcement action arising outside of the June 27, 2017, civil penalty assessments.
6. AquaNC, Inc. expressly agrees that by entering into this Agreement, Aqua NC,
Inc. waives, for purposes of collection of any sums due hereunder, any and all defenses to the
underlying civil penalty assessments. Moreover, Aqua NC, Inc. and DWR agree that the issue in
any action to collect said penalties will be limited to issues of compliance with this Agreement.
7. The parties agree that the consideration for this settlement is the promises
contained herein and that this Agreement contains the whole agreement between them.
8. This Agreement shall be binding upon the parties, their successors and assigns,
upon execution by the undersigned, who represent and warrant that they are authorized to enter
into this Agreement on behalf of the parties hereto.
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,
9. Aqua NC, Inc. and DWR agree that, for purposes of any future bankruptcy
proceeding, this Agreement is not intended as, nor shall it be deemed to constitute, a novation of
any claims asserted by DWR against Petitioner. Petitioner further agrees that all sums payable to
the DWR pursuant to this Agreement are nondischargeable in bankruptcy under 11 U.S.C. § 523.
Nothing in this Agreement releases any nondischargeability claims that may be asserted by
DWR in any bankruptcy proceeding, and nothing in this Agreement shall be deemed a waiver of
the DWR's right to rely on the nature of any claim or debt released in this Agreement to show
that the claim or debt is nondischargeable.
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b o
FOR THE DEPARTMENT OF AQUA NORTH CAROLINA, INC.
ENVIRONMENTAL QUALITY,
DIVISION OF WATER RESOURCES,
WAS _WATER BRANCH
Z±3
ohn E. Hennessy, Supervi a: Compliance Shannon V. Becker, President
and Expedited Permitting Unit
Date: 02-/, Date: 6/6/7-,1/r
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