NC0073741_PC-2019-0017_20190306

ot�-�y ROY COOPER
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'`�( AI \JyJ MICHAEL S. REGAN
' ii;:;%;*' LINDA CULPEPPER
NORTH CA•ROLINA n„C<„.,
Environmental Quality
March 6, 2019
CERTIFIED MAIL 7015 0640 0007 9833 5899 - RETURN RECEIPT REQUESTED
Mr. Aubrey Deaver
A&D Water Service, Inc.
P.O. Box 1407
Pisgah Forest, NC 28768-1407
SUBJECT: Assessment of Civil Penalty
Case PC-2019-0017
Mountain Valley WWTP
NPDES Permit NC0073741
Henderson County
Dear Mr. Deaver:
This letter transmits a notice of a civil penalty assessed against A&D Water Service, Inc. in the
amount of$600.00 (includes $100.00 in enforcement costs). This penalty is being assessed for
failure to submit electronic Discharge Monitoring Reports (eDMRs).
This assessment is based upon the following facts: the eDMRs listed below were not filed with the
Division within the thirty (30) calendar days after the end of the reporting period for which the
report is made [per 15A NCAC 02B .0506].
Missing eDMR(s) Due eDMR Received Days Late
Date
September 2016 10/31/2016 not received 856
October 2016 11/30/2016 not received 826
November 2016 12/31/2016 not received 795
December 2016 1/31/2017 not received 764
January 2017 2/28/2017 not received 736
February 2017 3/31/2017 not received 705
March 2017 4/30/2017 not received 675
April 2017 5/31/2017 not received 644
May 2017 6/30/2017 not received 614
June 2017 7/31/2017 not received 583
July 2017 8/31/2017 not received 552
August 2017 9/30/2017 not received 522
September 2017 10/31/2017 not received 491
LD_Q
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-3712

Case PC-2019-0017/Permit NC0073741
Page 2 of 5
Missing eDMR(s) Due eDMR Received Days Late
Date
October 2017 11/30/2017 not received 461
November 2017 12/31/2017 not received 430
December 2017 1/31/2018 not received 399
January 2018 2/28/2018 not received 371
February 2018 3/31/2018 not received 340
March 2018 4/30/2018 not received 310
April 2018 5/31/2018 not received 279
May 2018 6/30/2018 not received 249
June 2018 7/31/2018 not received 218
July 2018 8/31/2018 not received 187
August 2018 9/30/2018 not received 157
September 2018 10/31/2018 not received 126
October 2018 11/30/2018 not received 96
November 2018 12/31/2018 not received 65
December 2018 1/31/2019 not received 34
January 2019 2/28/2019 not received 6
On 1/9/2019, a Notice of Violation (NOV) was sent to you for failure to submit eDMRs for this
permit and five others for which you are the permittee. The NOV was received by you on
1/18/2019. The NOV informed contained the following requirements:
➢ "Submit the missing DMR data...no later than January 31, 2019. The data must be
submitted via the eDMR system and via hard copy."
➢ "Submit DMR data via the eDMR system [as well as paper DMRs] for all of your
NPDES permits. If the January 2019 DMR data [due no later than February 28, 2019]
for any of your permits is not submitted electronically, the Division may assess a civil
penalty."
The State's enforcement costs in this matter may be assessed against A&D Water Service, Inc.
pursuant to NCGS 143-215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts, I conclude as a matter of law that A&D Water Service, Inc. violated
the terms, conditions or requirements of NPDES Permit NC0073741 and NCGS 143-215.65 in the
manner and extent shown above. In accordance with the maximums established by NCGS 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 NCGS 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 hereby make the following civil penalty assessment against A&D
Water Service, Inc.:
$ 500.00 For violation of NCGS 143-215.65 and NPDES Permit NC0073741 for failing
to submit electronic Discharge Monitoring Reports.

Case PC-2019-0017/Permit NC0073741
Page 3 of 5
$ 100.00 Enforcement Costs
$ 600.00 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 days of receipt of this notice, you must do one of the following:
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:
Ms. Wren Thedford
NC DEQ/DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
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;

Case PC-2019-0017/Permit NC0073741
Page 4 of 5
(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 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:
Ms. Wren Thedford
NC DEQ /DWR/NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
OR
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 original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings. The petition may be faxed provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone [phone] Facsimile: [phone]
AND

Case PC-2019-0017/Permit NC0073741
Page 5 of 5
Mail or hand-deliver a copy of the petition to:
General Counsel
NC DEQ
1601 Mail Service Center
Raleigh, NC 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 NOTE: failure to submit the eDMRs as required by NC0073741 may lead to additional
penalties against A&D Water Service, Inc. Your company will not be compliant with the permit
until all eDMRs are received by the Division.
If you have any questions, please contact Charles H. Weaver at 919-707-3616, or via e-mail at
[e-mail].
'lY, III
u
Linda Culpepper, Director
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: NPDES Enforcement File
Central Files w/attachments

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF HENDERSON
)
)
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
A&D Water Service, Inc. ) STIPULATION OF FACTS
Mountain Valley WWTP )
)
PERMIT NC0073741 ) CASE: PC-2019-0017
Having been assessed civil penalties totaling $600.00 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 6, 2019, 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 , 2019.
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: PC-2019-0017 County: Henderson
Assessed Entity: A&D Water Service, Inc.
Permit: NC0073741 Amount Assessed: $600.00
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: