WQ0030088_Enforcement - Letters_20180611

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Old North State Water Companv LLC
Facility Name: Majestic Oaks WWTP
Permit Number: W00030088
County: Pender
Case Number: LV -2018-0125
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 TSS and nitrogen concentrations in wastewater are
indicative of poor treatment (i.e. possible problems with: aeration, aerobic biological activity, settling and recycle, etc.).
Since this is a non -discharge facility, high nutrient concentrations could affect the quality of the groundwater (i.e. high
TDS, nitrates).
2) The duration and gravity of the violation;
The N -DMR for the month of February 2018, shows that the facility exceeded TSS, TN, and Nitrate concentrations daily
maximum (2/22/2018) and monthly average permit limit.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on groundwater has 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 was issued (1)
NOD -2018 -LV -0033 for ammonia, TN, and TSS exceedances and (2) NOV-2018-LV-0201 for TSS, TN, and BOD exceedances.
These exceedances were reported in NDMRs for the months of December 2017 and January 2018. In the response to the
NOV/NOI (NOV-2018-LV-0307), the permittee indicated that biological activity was affected by low temperatures. WiRO
acknowledges the cold snap in the months of January and February 2018. However, the review of the NDMRs for
October and November 2017, reveal a trend of increasing average TN concentrations: October 2017, TN= 5.69 mg/l;
average T= 21.95°; November 2017, TN=6.25 mg/1; average temperature of 16.21°C. These TN values (5.69 and 6.25 mg/1)
were approaching the permitted limit of 7 mg/L, regardless the high to moderate temperatures. These TN values should
have been taken into consideration to prevent the plant being out of compliance in the upcoming winter months (i.e. the
addition of carbon should have started sooner).
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 no previous enforcement action in the preceding 12 -month period. The facility was issued one NOD and
one NOV (See question 6).
8) The cost to the State of the enforcement procedures. DocuSigned by:
$128.63 06/11/2018
E3ABA14AC7DC434...
Date Morella Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ

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ENWRONMEWAL QUALITY
Certified Mail # 7013 2630 0002 1133 9977
Return Receipt Requested
June 11, 2018
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Suite 108
Raleigh, NC 27609
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of Non -discharge Permit No. WQ0030088
Old North State Water Company LLC
Majestic Oaks WWTP
Case No. LV -2018-0125
Pender County
Dear Permittee:
ROY COOPER
Gayermr
1fICHAEL S_ BEGAN
swrdar
LINDA CUT -PEPPER
bderbn Director
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $978.63 ($850.00 civil penalty
+ $128.63 enforcement costs) against Old North State Water Company LLC.
This assessment is based upon the following facts: a review has been conducted of the Non -Discharge Monitoring
Report (NDMR) submitted by Old North State Water Company LLC for the month of February 2018. This review has
shown the subject facility to be in violation of the limitations and/or monitoring requirements found in Non -discharge
Permit No. WQ0030088. The violations, which occurred in February 2018, are summarized in Attachment A to this
letter.
Based upon the above facts, I conclude as a matter of law that Old North State Water Company LLC violated the terms,
conditions or requirements of Non -discharge Permit No. WQ0030088 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 Old North State Water Company LLC:
State of North Carolina I Environmental Quality I Water Resources
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
910-796-7215

100.00 1 of 1 violations of the Permit Daily Maximum for Solids, Total Suspended per the limits
established in Permit No. WQ0030088
$250.00 1 of 1 violations of the Permit Monthly Average for Nitrogen, Nitrate Total (as N) per the limits
established in Permit No. WQ0030088
$250.00 1 of 1 violations of the Permit Monthly Average for Nitrogen, Total (as N) per the limits
established in Permit No. WQ0030088
250.00 1 of 1 violations of the Permit Monthly Average for Solids, Total Suspended per the limits
established in Permit No. WQ0030088
$850.00 TOTAL CIVIL PENALTY
$128.63 Enforcement Costs
$978.63 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 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 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
£
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 -282.1(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 thirty (30) dgys 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 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
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.m. 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 § 15013-23.2) 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 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 Helen Perez with the Division of Water Resources staff of the Wilmington
Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by: w��
E3ABA14AC7DC434...
Morella Sanchez King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Wilmington Regional Office - Enforcement File
NON -DISCHARGE Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV -2018-0125 County: Pender
Assessed Party: Old North State Water Company LLC
Permit No.: WQ0030088 Amount Assessed: $978.63
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 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. 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
COUNTY OF PENDER
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Old North State Water Company LLC )
Majestic Oaks WWTP )
PERMIT NO. WQ0030088 ) CASE NO. LV -2018-0125
Having been assessed civil penalties totaling $978.63 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 11, 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 (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 day of 120
TELEPHONE

ATTACHMENT A
Old North State Water Company LLC
CASE NUMBER: LV -2018-0125
PERMIT:
WQ0030088
REGION:
Wilmington
FACILITY:
Majestic Oaks WWTP
COUNTY:
Pender
LIMIT VIOLATION(S)
SAMPLE LOCATION:
Violation
Report
Unit of
Limit
Calculated % Over
Violation
Penalty
Date
Month/Yr
Parameter
Frequency
Measure
Value
Value
Limit
Type
Amount
2/28/2018
2-2018
Nitrogen, Total (as N)
2 X month
mg/I
7
8.7
24.4
Monthly
$250.00
Average
Exceeded
2/22/2018
2-2018
Solids, Total
2 X month
mg/I
10
18
80.0
Daily
$100.00
Suspended
Maximum
Exceeded
2/28/2018
2-2018
Solids, Total
2 X month
mg/I
5
11.55
131.0
Monthly
$250.00
Suspended
Average
Exceeded
2/28/2018
2-2018
Nitrogen, Nitrate Total
Monthly
mg/I
10
11.56
15.6
Monthly
$250.00
(as N)
Average
Exceeded