WQ0030088_LV-2018-0125_20180702

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Old North State Water Co.
An
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Company
July 2, 2018
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center RECEIVED/DENR/DWR
Raleigh, NC 27699 JUL 1 6 2018
And Water Resources
Permitting Section
Morell Sanchez King, Acting 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.: LV-2018-0125
WWTP Permit No. WQ0030088
Majestic Oaks WWTP
Pender County
Dear Mr. Lewis and Ms. King:
Old North State Water Company (ONSWC) appreciates the opportunity to respond to the
Notice of Violation issued on June 11, 2018 by the Division of Environmental Quality. Please
find enclosed our response regarding the permit exceedances for Total Suspended Solids,
Nitrates and Total Nitrogen for the month of February 2018.
Due to the extreme cold temperatures that the area experienced during the winter months and
the cooler than normal spring temperatures, the biological activity in the plant was severely
affected to the detriment of treatment. The average temperatures during the winter months
were as follows: December 12.61 °C, January 8.56 °C, February 14.90 °C, March 13.03 °C and
April 18.68 °C with minimum lows down to 4°C.
The extreme cold influent caused biological activity to cease and then the cooler temperatures
complicated and delayed biological growth in the plant. To assist the biological activity, seed

from another wastewater facility was brought in. Since the influent temperatures were low,
the plant's biological activity was slow to reestablish. After internal consultation, the decision
was made to feed carbon to assist volatile solids growth. It was not until April that significant
biological growth was restored to assist with nitrogen removal.
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 cold temperatures were outside of ONSWC's control and every effort was made to
restore biological activity in the plant.
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 as quickly as possible at considerable cost to ONSWC.
4. ONSWC spent$3,381 in restoring and encouraging biological growth in the plant.
As demonstrated, ONSWC was responsive and took immediate remedial action to regenerate
the biological activity in the treatment plant. We believe this letter shows the investment and
commitment that the Utility continues to make, and we hope that the Division recognizes
these efforts. Please feel free to contact me with questions or additional details.
Sincerely,
A.1* .
Michael J. Myers
Old North State Water Company, LLC
Old North State Water Company,LLC

STATE OF NORTI I CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF PINDER
IN THE MA'T'ER OF ASSESSMI'sNT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) AD_MINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Old North Stale 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,lune l 1,_218,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.
'Phis the Second day of July ,20_ 18
'.2
SIG qi rURE
ADDRESS
Michael J.Myers
President�ONSWC---L---------------LLC
41Q0Uom wo9d_Coirt,Ste J ) -_____ -
Raleigh,NC 27609 _--------__--- - _---___--
TELEPHONE
919-827-4631