WQCSD0529_Remission Request_20180702

Old North State Water Co.
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July 2, 2018
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Steven Lewis Water Resources
PERCS Unit Permitting Section
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699
And
Morell Sanchez King,Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
127 Cardinal Drive Extension
Wilmington, NC 28405
Subject: NOTICE OF VIOLATION&ASSESSMENT OF CIVIL PENALTY REMISSION
REQUEST
CASE No.: DV-2018-DV-0037
Sanitary Sewer Overflows—January 2018
Collection System Permit No. WQCSD0529
Majestic Oaks Deemed Collection System
Pender County
Dear Mr. Lewis and Ms. King:
Old North State Water Company (ONSWC) appreciates the opportunity to respond to the Notice
of Violation and assessment of civil penalty issued on May 23, 2018 by the Division of
Environmental Quality. Please find enclosed our response regarding the sanitary sewer overflow
that occurred on January 4, 2018 in the Majestic Oaks Subdivision.
The estimated 2,000-gallon overflow on January 4th occurred at a cleanout at 232 Majestic Oaks
Drive, Hampstead, NC 28443 and was the result of flow backing up into the collection system
when the electric pump and the diesel bypass pump failed at the main pump station (MO#1) to the
wastewater plant due to severe freezing temperatures. The pump station was tested three days
prior to the severe cold snap that was predicted for eastern North Carolina. The operator wanted
to ensure that ONSWC was able to handle the event if the predictions came true. Both the electric
pump and the backup diesel pump were running during the test and no problems were noted.

On January 4th, after the cold spell hit,the electric pump at the main lift station froze and the diesel
pump did not start automatically. After receiving a high-water alarm notification,the operator
responded and attempted to start the diesel pump. The water in the volute had frozen and locked
the impeller,not allowing it to turn. The volute had to be thawed before the pump could be used.
When both the electric pump and the diesel pump at the main pump station failed to run, sewage
from the collection system submerged the inlet pipe in the wet well and began to back up into the
collection system. The sewage overflowed at a clean out in a yard several houses upstream from
the lift station.
Additional bypass pumps were brought in the same day to accelerate bringing the pump station
back online. Electric pumps were ordered and installed on January 28 and February 6, 2018.
ONSWC raked and limed the affected area the next day. An after-action review of the overflow
incident was conducted by ONSWC. The conclusion drawn was that the overflow resulted from
unusually severe weather conditions.
We do not understand the reasons for the Notices of Violation and Civil Penalty Assessment and
respectfully request that the Division consider remission of the civil penalty since the extreme
temperatures were outside of the ONSWC's Control and the ONSWC quickly responded to the
issue.
In summary our justification for this request are as follows:
1. The issue was caused by an act of God, outside the control of ONSWC.
2. ONSWC responded quickly and appropriately to the issue.
3. The issue was resolved quickly, and restoration was expedited at considerable cost to
ONSWC.
4. To date ONSWC has spent$26,393 in repairing and responding to the damage caused
by these extreme cold temperatures.
We believe this letter shows our commitment and responsiveness and hope that the Division
recognizes these efforts. Therefore, we respectfully request remission from the civil penalties
associated with this incident. Please feel free to contact me with questions or additional details.
Sincerely,
/4'
Michael J. Myers
Old North State Water Company, LLC
Old North State Water Company,LLC

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF FENDER
IN THE MA'T'TER 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 Deemed Collection System )
)
PERMIT NO. WQCSD0529 ) CASE NO. DV-2018-0037
Having been assessed civil penalties totaling$1,587.75 for violation(s)as set forth in the assessment document of the
Division of Water Resources dated May 23,2018,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 Second _ _..___.__m day of July_,20 18
7,4, fi "e-
r 'NATURE
•
ADDRESS
Michael J.Myers
ONS WC,LLC
4700 Homewood Court, Ste 108
_Raleh,NC 27609______
TELEPHONE
919-827-4631