WQCS00147_Enforcement (Letter)_20190226

ROY COOPER
C,Nrrnm
MICHAEL S. REGAN
Srrrrrary
LINDA CULPEPPER
Dtrrrtar
� A
NORTH CAROLINA
Environmental Quallry
Certified Alail # 7017 0190 0000 9562 9132
Return Recei t Reguested
February 26.2019
Shannon V Becker, President
Aqua North Carolina Inc
202 Nlackenan Ct
Cary, NC 27511
SUBJECT= Notice of Violation and Assessment of Ci%it Penalt%
for Violations of North Carolina General Statute (G.S.) 1 43-215.1(a)(1)
and Collection System Permit No. WQC;SOO 147
Aqua North Carolina Inc
Neuse Colony Collection System
Case No. DV-2019-0037
Johnston Count)
Dear Mr. Becker:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $2,032.36 ($2.000.00 civil penalty
+ $32.36 enforcement costs) against Aqua North Carolina Inc.
This assessment is based upon the following facts: a re%ie« has been conducted of the Sanitary Sev4er Overflo« (SSO)
5-Day Report and NOV response letter submitted by the Aqua North Carolina, Inc. This re%-ie%% has sho«n the subject facility
to be in %iolation of the requirements found in Collection S}stem Permit No. WQCS00002 and G.S. 143-215.1(a)(1). The
% iolations:-incidents that occurred for' -%hick you are being penalized for are listed in Attachment A to this letter.
Based upon the abo%c facts. I conclude as a matter of la« that City of Raleigh % iolated the terms, conditions or
requirements of Col Iection System Permit No. WQCS00002 and G.S. 143-215.1(a)(1) in the manner and extent sho« n in
Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2) and (a)(6), a civil penalty may be
assessed against any person «ho violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
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Based upon the above Findings of fact and conclusions of law, and in accordance %%ith authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, Rick
Bolich, L.G., Assistant Regional Supervisor, Raleigh Regional Office hereby make the follow ing civil penalty assessment
against Aqua North Carolina Inc:
$2.000.00 For violation(s) of Collection Sy stem Permit No. WQCS001 47 and G.S, 1 43-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge NN ithout a , alid permit.
$ 3000.00 TOTAL CIVIL PENALTY
$32.36 Enforcement Costs
$2,032.36 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I ha%c taken into account the Findings of tact and
Conclusions of Law and the factors set forth at G_S. 143B-282.1(b), «hick are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to pri%ate propem-
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 %iolation was committed «illfully or intentionally;
(7) The prior record of the violator in comph ing or failing to comply %pith programs over %Nhich 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 follo«ing:
(1) Submit payment of the penalty, OR
(2) Submit a ►written request for remission. OR
(3) Submit a v ritten request for an administrati%e hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not inchrde waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or ne« < iolation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Di% ision of Water Resources
1 617 flail 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 fn, a factors listed below as they may
relate to the reasonableness of the amount of the civ it penalty assessed. Requesting remission is not the proper
procedure for contesting «hether the violation(s) occurred or the accuracy of any of the factual statements contained in
the ci,, it penalty assessment document. Because a remission request forecloses the option of an administrative hearing.
such a request must be accompanied by a «aiver of y our right to an administrati%e 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 belo«_
In determining. %rhether a remission request %%ill be appro%ed, the follo«ing factors shall be considered:
(1) vrhether one or more of the civil penalty assessment factors in NCGS 14313-282. l (b) x4as wrongfully
applied to the detriment of the petitioner;
(2) %%hether the violator promptly abated continuing environmental damage resulting from the violation;
(3) «hether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous %iolations; or
(5) whether payment of the civil penalty �. ill prevent payment for the remaining necessary remedial actions.
Please note that all e%idence presented in support ol'your request for remission must be submitted in "riting. The
Director of the Division of Water Resources «ill revie« your e% idence and inform you of his decision in the matter of
your remission request. The response " ill provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the En%ironmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that «as 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 )our 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 Flearinu, and Stipulation of Facts" form «ithin thirty 30 days of receipt of this
notice. The Division of Water Resources also requests that `ou complete and submit the enclosed "Justification for
Remission Request"
Both forms should be submitted to the following address:
Attn' PERCS Branch
Division of Water Resources
1617 Mail Ser\ ice Center
Raleigh, North Carolina 27699-161?
AND
Rick Bolich, L.G.. Assistant Regional Super\ isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 flail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a Petition for an administrative hearing ivith the Office of Administrative Hearings:
If you «ish to contest any statement in the attached assessment document } ou must File a petition for an administrative
hearing. You may obtain the petition form from the Off ice of Administrative Hearings. You must file the petition with
the Office of Administrative I learings within thirty (30) day s of receipt of this notice. A petition is considered tiled
when it is receiNed in the Office of Administrative Hearings during normal off ice hours. The Office of Administrative
IFlearings 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 riled by facsimile (fax) or electronic mail by an attached File («ith restrictions) - provided
the signed original, one (1) copy and a filing fee (if a Fling fee is required by NCGS § I S013-23.2) is received in the
Office of Administrative Hearings «ithin seven (7) business da} s folloNving the faxed or electronic transmission. You
should contact the Office of Administrative Hearings vvith 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 I learings are as follo«s:
6714 Mail Ser%ice Center
Raleigh,. NC 27699 6714
Tel: (919) d31-3000
Fax: [phone]
One (I) copy of the petition must also be served on DEQ as folio« s:
Mr. NVilliam F. Lane, General Counsel
Department of En%ironmental Quality
1601 flail 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) da% s of receipt of this letter, as evidenced by an internal
dateitime received stamp (not a postmark), %trill result in this matter bein= referred to the Attorney General's Office for
collection of the penalt} through a civil action. Please be ad% ised that additional penalties ma} be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes «ith the Division of Water Resources staffof the Raleigh
Regional Office at [phone] or %is email at mitch.hayes a.ncdenr.goN.
Sincerely,
Rick Bolich. L.G., Assistant Regional Supen isor
Water Qualit} Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: NVQS Raleigh Regional Office - Enforcement File
PERCS Compliance'Enforce ment Unit - Enforcement Fife
Central Files

JUSTIFICATION FOR REMISSIO` REQUEST
Case Number: DV-20I9-0037 County: Johnston
Assessed Party: Aqua North Carolina Inc
Permit No.: WQCS00147 Amount Assessed: $2,032.36
Please use this form «lien requesting remission of this civil penalty. You must also complete the "Request For Remission,
Warrer of Right to all zIclininistratire Hearing, and Stipulation of Facts" form to request remission of this civil penalty,
You should attach any documents that you believe support y our 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 belov� as they may relate to the reasonableness of the amount of the cis it penalty assessed. Requesting
remission is not the proper procedure for contesting «hether 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. § 14313-282.1(c), remission of a civil
penalty may be granted only t4hen one or more of the following like factors apph. 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. 1438-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessnneut factors ctre listed in the civil penalty assessment doctnnettt);
(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 prevellt fiazire occurrences),*
(c) the violation ►gas inadvertent or a result of an accident (i. e., explain irlry, the violation was tulcn,oidahle or
somethingyou colticl llot pl•el,ellt or prep(jje fo1);
(d) the violator had not been assessed cis iI penalties for any pre% ions violations:
(e) payment of the civil penalty %%ill prevent pay ment for the remaining necessary remedial actions (i.e., explain
hoer payment of the civil penalty hill prevent vote fi•onl pet forming the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONNMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT ) N%'AIN'ER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
Aqua North Carolina Inc )
Neuse Colony- Collection System )
PERMIT NO. 'WQCS00147 ) CASE NO. DN'-2019-0037
Having been assessed civil penalties totaling $2,032.36 for violation(s) as set forth in the assessment document of the
Di% ision of Water Resources dated February 26. 2019, the undersigned, desiring to seek remission of the civil penalty, does
hereby %%aive the right to an administrative hearing in the abox-e-stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all c%-idence presented in support of
remission of this civil penalt} must be submitted to the Director of the Division of Water Resources «ithin thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request «it[ be allowed after (30) days
from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPI-IONS
SIGNATURE
20

ATTACHMENT A
Aqua North Carolina Inc
CASE NUMBER: DV-2019-0037
PERMIT NO: WQCS00147
FACILITY: Neuse Colony Collection System
Other Violations —
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION
201803276 11/1/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit
Incident Start Duration
Number Date (Mins) Location Cause
201803276 11/1/2018 5 Neuse River Parkway Pump station L
Pump Station equipment failure
REGION: Raleigh
COUNTY: Johnston
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
150,000
$2,000.00
Total Vol
Total
Surface
Vol
Water
(Gals)
(Gals) DWR Action
150,000
150,000 Notice of Violation -
Notice of Intent