WQCSD0529_DV-2018-0037_20180523

4.47 ROY COOPER
Governor
{i. MICHAEL S REGAN
Secretary
d eR y
Water Resources LINDA CULPEPPER
ENviROtai EOTAL 01.+ALEre Interim Director
Certified Mail# 7017 0190 0000 9534 4141
Return Receipt Requested
May 23,2018
Michael J Myers
Old North State Water Company LLC
4700 Homewood Court
Suite 108
Raleigh,NC 27609
SUBJECT. Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute(G S ) 143-215.1(a)(6)
and Collection System Permit No. WQCSD0529
Old North State Water Company LLC •
Majestic Oaks Deemed Collection System
Case No.DV-2018-0037
Pender County
Dear Permittee.
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of$1,587.75 ($1,450.00 civil penalty
+$137.75 enforcement costs) against Old North State Water Company LLC
This assessment is based upon the following facts a review has been conducted of the Sanitary Sewer Overflow(SSO)
5-Day Report submitted by Old North State Water Company LLC. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCSD0529 and G S 143-215 1(a)(1) The
violation(s)that occurred 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 Collection System Permit No. WQCSD0529 and G S 143-215.1(a)(1) 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

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) 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.
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
AND
Morella Sanchez King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources,NCDEQ
127 Cardinal Drive Extension
North Carolina 28405

,, e
JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2018-0037 ) County: Pender
Assessed Party: Old North State Water Company LLC
Permit No.: WQCSD0529 Amount Assessed: $1,587 75
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.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 (a e, explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance)
EXPLANATION:
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6.
ATTACHMENT A ,
Old North State Water Company LLC
CASE NUMBER. DV-2018-0037
PERMIT NO: WQCSD0529 REGION: Wilmington
FACILITY: Majestic Oaks Deemed Collection System COUNTY. Pender
Other Violations
INCIDENT VIOLATION TOTAL VOLUME PENALTY
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
201800027 1/4/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit 2,000 $1,450 00
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