NC0022934_Enforcement_PC-2020-0006_20200913

DocuSign Envelope ID: DA701 BC9-C667-447C-AAFB-F3721AD1 E852
DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: UCS, Inc./UCS Main Plant County: Gaston
Case Number: PC-2020-0006
ASSESSMENT FACTORS
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;
UCS, Inc./UCS Main Plant discharges to South Fork Catawba River, a Class WS-IV waterbody
in the Catawba River Basin. The wastewater discharge from the UCS Main Plant has by-passed
the effluent structure including chlorination resulting in improperly treated effluent.
2) The duration and gravity of the violation;
The following was noted in the May 22, 2018, site inspection:
There is woody vegetation, animal burrows, and erosion on the side slopes/dikes. The
outfall structure (where the chlorine disinfection is located) is deteriorating and needs
maintenance. The access to the outfall structure (pier bridge) appears unstable. The
outfall structure, which contains the chlorine disinfection box, is part of permitted
wastewater system and must be maintained. The Permittee should conduct an engineering
evaluation of the system to verify its integrity, which includes: confirming the
path/piping for influent wastewater to the lagoon; assessing the sludge level in the
lagoon; assessing the structural stability of the lagoon slopes/dikes after vegetation
removal; evaluation of the outfall structure. The permittee must locate the effluent pipe
location.
The past 8 year's inspection reports (01/22/2010, 12/29/2010, 07/29/2014, and 11/01/2016) noted
the same operation and maintenance issues for the treatment lagoon and outfall structure. UCS,
Inc. became the permittee for this wastewater treatment facility as of August 11, 2004.
On December 4, 2019, the MRO of the DWR issued a Notice of Continuing Violation and
Recommendation for Enforcement (NOV-2019-PC-0759) for failure to address the
noncompliance concerns documented in the previous inspections and has not met the timeline
which was agreed upon after an onsite meeting on November 13, 2018.
3) The effect on ground or surface water quantity or quality or air quality;
The entire treatment system is in a state of disrepair resulting in the potential for significant
environmental harm to ground and surface water. In addition to the maintenance concerns, due to
the overall condition of the lagoon, the groundwater quality is a concern. The permittee was
asked in the current NOV to submit a plan describing the proposed installation of three
shallow/water table monitoring wells for the purpose of assessing groundwater quality as related
to operation of the wastewater system
4) The cost of rectifying the damage;
The cost to hire an engineer to assess the current state of the system, as well as,
the cost to upgrade and/or repair the documented maintenance defects.

DocuSign Envelope ID: DA701 BC9-C667-447C-AAFB-F3721AD1 E852
5) The amount of money saved by noncompliance;
Inadequate data exists to determine the exact amount of money saved by noncompliance.
However, this figure would include the cost of the necessary repairs to the lagoon treatment
system including the outfall structure and chlorine disinfection.
6) Whether the violation was committed willfully or intentionally;
UCS, Inc. has willfully and knowingly discharged untreated wastewater into the South Fork of
the Catawba River. Violations noted from previous inspections, NOVs and the previous
enforcement have continued.
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
Repeated NOVs have been sent for operation and maintenance issues. Violations have continued
since the previous enforcement on April 4, 2019. An NOV was sent for continuing violations
noted during an inspection conducted on November 13, 2019.
8) The cost to the State of the enforcement procedures.
Item
8 Hours of staff A time
3 Hours of Assistant Supervisor Time
3 Hours of Supervisor Time
Central Office Review and Processing
Total Enforcement Costs
9/13/2020
Enforcement Cost:
DocuSigned by:
pblyavl
8FB19B649DD2478...
Hourly Total
Rate
$38.61 $308.88
$49.27 $147.81
$59.09 $177.27
$100.00
$733.96
Date Jeff Poupart, Section Chief
Water Quality Permitting Section
Division of Water Resources, NCDEQ

DocuSign Envelope ID: DA701 BC9-C667-447C-AAFB-F3721AD1 E852
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Lawrence Schwartz
UCS, Inc.
P.O. Box 657
Lincolnton, NC 28092
NORTH CAROLINA
Environmental Quality
9/13/2020
SUBJECT: Assessment of Civil Penalty for Continuing Violations of Permit Conditions
NPDES Permit NCO022934
UCS, Inc./UCS Main Plant
Case No.: PC-2020-0006
Gaston County
Dear Mr. Schwartz:
This letter transmits a notice of a civil penalty assessed against UCS, Inc. in the amount of $24,733.96 (includes
$733.96 in enforcement costs).
This assessment is based upon the following facts:
On May 25, 2018, Mooresville Regional Office (MRO), Water Quality Regional Operations Section (WQROS) of
Division of Water Resources issued a Notice of Violation (NOV) to UCS, Inc. This NOV was issued in response
to observations from an inspection on May 22, 2018. These observations concerned the operation and
maintenance of the lagoon treatment system and the outfall structure. These observations are outlined in the
attached Findings and Decision and Civil Penalty Assessment (F&D CPA) documents.
On August 1, 2018, MRO staff met with UCS, Inc. representatives (at the UCS, Inc. business site) to discuss the
inspection findings and required corrective actions needed to achieve compliance with NPDES Permit
NC0022934. MRO staff issued a follow-up email on the same day (August 1, 2018) to UCS, Inc. that requested
information on the condition of the treatment facility. The requested information is outlined in the attached F&D
CPA.
On November 13, 2018, a meeting was held with MRO staff, UCS, Inc. representatives (at the UCS, Inc.
business site), and consultants with Shield Engineering. The consultants were able to determine that the
influent flow is gravity fed into the lagoon structure. They were able to determine that the effluent structure
has a leak and is not operating properly. At the meeting, MRO staff discussed with the UCS, Inc.
representatives and the consultants a compliance schedule in order to evaluate and provide information on the
facility. As a result, a follow-up email outlining the compliance schedule was sent to the permittee the next
day. On November 14, 2018, a compliance schedule was sent by email to the permittee and is outlined in the
attached F&D CPA.
After the facility failed to meet the December 1, 2018 deadline, MRO staff made attempts to contact USC, Inc. by
phone and email (December 5, 2018 and December 13, 2018). To date, none of DWR's attempts to make contact
were successful.
D✓� North Carolina Department of Environmental Quality I Division of Water Resources
E Q512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAHD!.INA �
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On December 19, 2018, MRO of DWR issued a Continuing Notice of Violation/Notice of Intent to Enforce
(NOV-2018-PC-0480) for violations of NPDES Permit NCO022934 Part IL Section C.2. to UCS, Inc.
On March 5, 2019, the MRO of the DWR issued a Notice of Violation/Notice of Intent to Enforce (NOV-2019-
PC-0176) for violations of NPDES Permit NCO022934 Part II Section B.8. Duty to Provide Information. The
permittee failed to furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit.
On December 4, 2019, the MRO of the DWR issued a Notice of Continuing Violation and Recommendation for
Enforcement (NOV-2019-PC-0759) for failure to address the noncompliance concerns documented in the
previous inspections and has not met the timeline which was agreed upon after an onsite meeting on November
13, 2018. The non-compliance resulted in the assessment of civil penalties (PC-2019-0020). By failing to meet the
timeline, the facility continues to be in violation of NPDES Permit NC0022934, Part II, Section B.8 "Duty to
Provide Information" by failing to furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating this permit or to determine compliance with this permit.
The State's enforcement costs in this matter may be assessed against UCS, Inc. (UCS) pursuant to NCGS. 143-
215.3(a)(9) and NCGS 143B-282.1(b)(8).
Based upon the above facts, the Division concludes as a matter of law that UCS violated the terms, conditions or
requirements of NPDES Permit NC0022934, in the manner and extent shown above. 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, the
Division hereby makes the following civil penalty assessment against UCS, Inc.:
$ 8,000.00 For continuing violations of NPDES Permit NCO022934 Part II Section B.8. Duty to
Provide Information by failing to furnish to the Permit Issuing Authority, within a
reasonable time, any information which the Permit Issuing Authority may request to
determine whether cause exists for modifying, revoking and reissuing, or terminating
this permit or to determine compliance with this permit.
$ 16,000.00 For continuing violations of NPDES Permit NCO022934 Part II Section C.2. Proper
Operation and Maintenance by failing to properly operate and maintain the
wastewater treatment plant.
$ 733.96 Enforcement Costs
$ 24,733.96 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty the Division has 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 air quality;
(4) The cost of rectifying the damage;

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(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.
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 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 14313-282.1(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 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:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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K'
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, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand -deliver a copy of the petition to:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail 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) 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 be advised that additional penalties may be assessed for
violations that occur after the review period of this assessment.
If you have any questions, please contact Derek Denard at 919-707-3618 or via e-mail ([e-mail]).
Sincerely,
DocuSigned by:
pbtyo
8FB19B649DD2478...
Jeff Poupart, Section Chief
Water Quality Permitting Section
Division of Water Resources, NCDEQ
ATTACHMENTS
cc: DWR NPDES Enforcement File
Gaston County Health Department
cc: DWR Laserfiche w/attachments
DWR MRO / Corey Basinger [[e-mail]]; Ori Tuvia [[e-mail]];
Andrew Pitner [[e-mail]]

DocuSign Envelope ID: DA701 BC9-C667-447C-AAFB-F3721AD1 E852
STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE MATTER OF ) CASE NO. PC-2020-0006
UCS, INC. )
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
FOR VIOLATIONS OF: )
NPDES PERMIT NO. NC0022934 )
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Jeff Poupart, of the Division of
Water Resources (hereby known as DWR), make the following:
L FINDING OF FACT
A. UCS, Inc. is a person organized and existing under the laws of the State of North
Carolina.
B. The UCS Main Plant discharges to South Fork Catawba River, a Class WS-IV waterbody
in the Catawba River Basin.
C. On September 18, 2015, UCS, Inc. was issued NPDES Permit Number NC0022934 for
the operation of an existing 0.3-acre waste stabilization lagoon followed by chlorination
disinfection and the discharge of wastewater located at the UCS Main Plant facility
pursuant to the application received on January 30, 2015, in accordance with the
provisions of Article 21 of Chapter 143, General Statutes of North Carolina.
D. On May 25, 2018, Mooresville Regional Office, Water Quality Regional Operations
Section (hereby known as MRO) of DWR issued a Notice of Violation (NOV) to UCS,
Inc. This NOV was issued in response to observations from an inspection on May 22,
2018, which included the following:
• There is woody vegetation, animal burrows, and erosion on the side slopes/dikes.
• The outfall structure (where the chlorine disinfection is located) is deteriorating
and needs maintenance.
• The access to the outfall structure (pier bridge) appears unstable.
• The outfall structure, which contains the chlorine disinfection box, is part of
permitted wastewater system and must be maintained.
• The Permittee should conduct an engineering evaluation of the system to verify its
integrity, which includes:
o confirming the path/piping for influent wastewater to the lagoon
o assessing the sludge level in the lagoon
o assessing the structural stability of the lagoon slopes/dikes after vegetation
removal
o evaluation of the outfall structure.
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• The permittee must locate the effluent pipe location.
E. On August 1, 2018, MRO staff met with UCS, Inc. representatives (at the UCS, Inc.
business site) to discuss the inspection findings and required corrective actions needed to
achieve compliance with NPDES Permit NC0022934. MRO staff issued a follow-up
email on the same day (August 1, 2018) to UCS, Inc. that requested the following
information on the condition of the facility:
• The permittee was to confirm whether the wastewater is gravity fed or passes
through the pump station.
• The permittee was to have a Professional Engineer evaluate the status of lagoon
(structural stability of the lagoon slopes/dike and sludge level).
• The permittee was to have a Professional Engineer evaluate the outfall structure to
determine if any leaks are present.
• The permittee was to determine whether or not the system is discharging, and if
so, where precisely is the location of the discharge pipe.
F. On November 13, 2018, a meeting was held with MRO staff, UCS, Inc. representatives
(at the UCS, Inc. business site), and consultants with Shield Engineering. The consultants
were able to determine that the influent flow is gravity fed into the lagoon structure. They
were able to determine that the effluent structure has a leak and is not operating properly.
At the meeting, MRO staff discussed with the UCS, Inc. representatives and the
consultants a compliance schedule in order to evaluate and provide information on the
facility. As a result, a follow-up email outlining the compliance schedule was sent to the
permittee the next day (November 14, 2018).
G. On November 14, 2018, the following compliance schedule was sent by email to the
permittee:
• By December 1, 2018, pump the water and investigate the chamber located
behind the old gas chlorine building. If the effluent pipe is accessible, evaluate the
flow passing through the pipe as well as the potential to chlorinate the effluent for
sampling purposes. In addition, attempt to locate the discharge point of the
effluent pipe into the river.
• By January 10, 2019, submit a timeline to the Mooresville Regional Office
outlining the chosen path forward for the facility to achieve full compliance with
NPDES Permit NC0022934. The timeline will indicate if the facility intends to
achieve compliance by abandoning the pond and install septic with drain fields
(approved by Gaston County), which will allow NPDES Permit NC0022934 to be
rescinded, or a timeline to address the concerns listed in NOV-2018-PC-0184
regarding the condition of the lagoon and the chlorine contact structure.
• In addition, by January 10, 2019, please submit a plan describing the proposed
installation of three shallow/water table monitoring wells for the purpose of
assessing groundwater quality as related to operation of the wastewater system.
H. After the facility failed to meet the December 1, 2018 deadline, MRO staff made attempts
to contact USC, Inc. by phone and email (December 5, 2018 and December 13, 2018). To
date, none of DWR's attempts to make contact were successful.
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L On December 19, 2018, MRO of DWR issued a Continuing Notice of Violation/Notice
of Intent to Enforce (NOV-2018-PC-0480) for violations of NPDES Permit NC0022934
Part IL Section C.2. to UCS, Inc.
J. On March 5, 2019, MRO of DWR issued a Notice of Violation/Notice of Intent to
Enforce (NOV-2019-PC-0176) for violations of NPDES Permit NC0022934 Part II
Section B.B. Duty to Provide Information. The permittee failed to furnish to the Permit
Issuing Authority, within a reasonable time, any information which the Permit Issuing
Authority may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit or to determine compliance with this permit.
K. On April 4, 2019, MRO of DWR issued an Assessment of Civil Penalty for Violations of
Permit Conditions for violations as listed above in the amount of $9,683.68 (includes
$1,683.68 in enforcement costs).
L. On December 4, 2019, the MRO of the DWR issued a Notice of Continuing Violation
and Recommendation for Enforcement (NOV-2019-PC-0759) for failure to address the
noncompliance concerns documented in the previous inspections and has not met the
timeline which was agreed upon after an onsite meeting on November 13, 2018. The non-
compliance resulted in the assessment of civil penalties (PC-2019-0020). By failing to
meet the timeline, the facility continues to be in violation of NPDES Permit NC0022934,
Part II, Section B.8 "Duty to Provide Information" by failing to furnish to the Permit
Issuing Authority, within a reasonable time, any information which the Permit Issuing
Authority may request to determine whether cause exists for modifying, revoking and
reissuing, or terminating this permit or to determine compliance with this permit. The
Division documented that the facility is continuously and knowingly discharging
untreated wastewater into the South Fork of the Catawba River. In accordance with Part
II, Section C.2 of the subject permit, proper Operation and Maintenance (O&M) of the
WWTP is required. The following areas of concern with respect to Operation and
Maintenance should be addressed:
• Lagoon Maintenance: There is woody vegetation, animal burrows, and erosion on
the side slopes/dikes.
• Outfall Structure: The outfall structure is deteriorating and needs maintenance.
The access to the outfall structure appears unstable. Piping of the wastewater is
leaking causing bypass of the chlorination box which is part of permitted
wastewater system. The chlorination box must be part of the treatment process
and must be properly maintained.
• Effluent pipe and sampling: Facility staff must locate the effluent pipe discharge
point at the receiving water. If the pipe is located above the river, the effluent pipe
discharge could be used for sampling. If the effluent pipe is under the river level,
an alternative sampling location must be evaluated. Regardless of the discharge
location, the facility must conduct regular sampling in accordance with Part I,
Section A.1 of the subject permit.
M. To date the Permittee has failed to furnish DWR the information requested on November
14, 2018. In addition, no response to the NOV sent on December 4, 2019 has been
received.
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N. NPDES PERMIT NO. NC0022934 contains the following relevant permit conditions:
NPDES Permit NC0022934 Part II Section B.B. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time,
any information which the Permit Issuing Authority may request to determine
whether cause exists for modifying, revoking and reissuing, or terminating this permit
or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40
CFR 122.41(h)].
NPDES Permit NC0022934 Part II. Section C.2. Prober Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or
used by the permittee to achieve compliance with the conditions of this permit. Proper
operations and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the Permittee to
install and operate backup or auxiliary facilities only when necessary to achieve
compliance with the conditions of the permit.
O. The cost to the State of the enforcement procedures in this matter totaled: $733.96.
Based upon the above Finding of Fact, I, Jeff Poupart, make the following:
IL CONCLUSION OF LAW
A. UCS, Inc. is a `person' within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212 (4).
B. South Fork Catawba River located at the site constitutes waters of the State within the
meaning of G.S. 143-212 (6).
C. UCS, Inc. was issued NPDES Permit No. NC0022934 in accordance with G. S. 143-
215.1(a) for the operation and maintenance of a wastewater treatment system and the
discharge of wastewater in compliance with permit limits and conditions.
D. UCS, Inc. violated NPDES Permit NC0022934 Part II Section B.B. Duty to Provide
Information by failing to furnish to DWR information requested on November 14, 2018
and December 4, 2018.
E. UCS, Inc. violated NPDES Permit NC0022934 Part II Section C.2. Proper Operation and
Maintenance by failing to properly operate and maintain the wastewater treatment plant.
F. UCS, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A
(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to
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act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.
G. The State's enforcement cost in this matter may be assessed against UCS, Inc. pursuant to
G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
H. Jeff Poupart of the Division of Water Resources, pursuant to delegation provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of
Water Resources, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I, make the following:
III. DECISION
Accordingly, UCS, Inc. is hereby assessed a civil penalty of:
$ 8,000.00 For continuing violations of NPDES Permit NCO022934 Part II Section
B.8. Duty to Provide Information by failing to furnish to the Permit
Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating this permit or to
determine compliance with this permit.
$ 16,000.00 For violations of NPDES Permit NCO022934 Part II Section C.2. Proper
Operation and Maintenance by failing to properly operate and maintain the
wastewater treatment plant.
$ 733.96 Enforcement Costs
$ 24,733.96 TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the factors set
out in G.S. 14313-282.1(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 violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were 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
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DocuSign Envelope ID: DA701 BC9-C667-447C-AAFB-F3721AD1 E852
9/13/2020
Date
DocuSigned by:
J' pbupaf
8F8198649DD2478...
Jeff Poupart, Section Chief
Water Quality Permitting Section
Division of Water Resources, NCDEQ
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Docu5�".
ii S E C up E D
Certificate Of Completion
Envelope Id: DA701BC9C667447CAAFBF3721AD1E852
Status: Completed
Subject: Please DocuSign: NCO022934 PC-2020-0006 Assessment Factors.docx, NCO022934 PC-2020-0006 Enforce...
Source Envelope:
Document Pages: 12 Signatures: 3
Envelope Originator:
Certificate Pages: 1 Initials: 0
Derek Denard
AutoNav: Enabled
217 W. Jones Street
Envelopeld Stamping: Enabled
Raleigh, NC 27699
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[e-mail]
IP Address: 149.168.204.10
Record Tracking
Status: Original
Holder: Derek Denard
Location: DocuSign
9/3/2020 7:55:23 PM
[e-mail]
Signer Events
Signature
Timestamp
Jeff Poupart
Sent: 9/3/2020 8:03:52 PM
[e-mail]
UDOCUS,g"edby:
tff rayaV'f
Viewed: 9/13/2020 8:33:11 AM
DWR
8FB19B649DD2478...
Signed: 9/13/2020 8:34:09 AM
DEQ
Security Level: Email, Account Authentication
Signature Adoption: Pre -selected Style
(None)
Using IPAddress: 24.162.252.119
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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Hashed/Encrypted
9/3/2020 8:03:52 PM
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9/13/2020 8:33:11 AM
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9/13/2020 8:34:09 AM
Completed
Security Checked
9/13/2020 8:34:09 AM
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