WQCS00017_Enforcement_20170510

tt O ' COOPER
r.;.R'JYRoOWI €`NIA1. QtJAL<rV
i
May 31 2017
r. Brian J. P t cka, PE ,..
Division Manager Utilities Maintenance
Two Rivers Utilities
110 Brix 1748
Gastonia, NC 280 -1 4
SUBJECT- payment Acknowledgment
Civil Penalty Assessi-nent
Gastonia Collection System ('Two livers [utilities
Gaston County
Mersa -tit No, WQCS00017
DV-2017-002
Dear Mr. Pottacki
This letter is to ac riowl d e receipt of check No, 12742in the aaaacai tit of $368.12 received
from, you dated 5/15/20 7. This laay'ment satisfies ire lull the civil assessment levied against the
subject facilityand this case has been closed. payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable statutes, regulations, or pera-nits,
If you have- any questions, please call Steve I,eNvis at 919-807-6308,
Sincerely,
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc. Enforcement bile # DV-2017-0028
Corey Basinger, Mooresville Regional Office Supervisor
Snider flt
Central Files
Sas e «r9'2 onh Carolina i E"Vironan;a anal Quality tP iWr RioQu ce.
1617 n psi& Sc ass ice Cera,r ( Rakigh: NTih Carolina 7699-1617
9197079000

ROY COOPER
, JAY ZIMMERMAN
May 3121r
Dirt Brian J. Potocki, ICI
Division Manager Utilities Maintenanc
Two Rivers Utilities
PO Box 1748
Gastonia, NC 8053-1,74
SUBJECT. Payment Acknowledgment
Civil Penalty Assessment
Gastonia Collection System (I"'wo Rivers Utilities)
Gaston County
Permit No, WQCSOOO 17
DV-2017-0028
Dear Mr. P tocki;
This letter is to acknowledge receipt of check No. 127425 in the amount of $368,12 received
fi-Ozaa you dated 5/15/2-017. 'I'liis payment satisfies in Tull the civil assessnaent levied against the
subject facility and this ease has been closed, Payment of"this penalty in no way prechides futons
action by this Division I'or additional violations of the applicable statutes, regulations, or permits.
If you have any questions, please call Steve Lewis at 19-807- i30&
S. Jay Zinimerman, P.,
Director, Division of Water Resources
c : En',farcc n eat Vale if ,D t117-002
Corey Basinger, Mooresville Regional Office Supervisor
Lon Braider, MRO
Centraal Liles

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator, City of Gastonia
Facility Nance: Gastonia Collection System
Permit umber: S00017
County: Gaston
Case Number:
ASSESSMENT FACTORS
l) 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;
The duration and �ra ity of the violation;
fit, r r'
The effect on ground or surface water quantity or duality, or on air quality;
s
z � ;
r
The cost of rectifying the damage;
The amount of money savers by noncompliance;
hWhether the violation was committed willfully or intentionally;
I'a till
) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority a d
ar Ilk) "w-a U 1, Lrt kul clew
) The cost to the State of the enforcement procedures:
Enforcement Cost:
1 hour staff time.... ..•.....:...... .::. . 30.5
t hour supervisor irue...... ...... 52.56
AcIrr iris rative/ staff oast ......:. ......a,.•., ,..::,. F 35_.0
Total Enforcement Cost 118,12
Date
�A�. Corey Basinger, Regional Super"sor
Water Quality Regional Operations Scetion
Mooresville Regional O�ffice
Division of Water Regources, 8CI)EQ

ROY COOPER
MICHAEL S. REGAN
10WqNNW. sectrfary
SJAY ZIMMERMAN
WawResources Dirwor
ENVOCOMMAL QUAUTY
Certified all # 7015 1520 0002 6880 2832
Return Receipt lie crested
May 10, 2017
Ed Munn, City Manager
City of Gastonia
PO Box 1748
Gastonia, NC 28053-1748
SUBJECT.- Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215J(#6)
and Collection System Permit No, WQCS00017
City of Gastonia
Gastonia Collection System
Case No. DV-2017-0028
Gaston County
Dm Mr. Munn:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $36& 12 ($250.00 civil penalty +
$118,12 enforcement costs) agaitist City of Gastonia.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by City of Gastonia. This review has shown the subject facility to be in violation of the
requirements found in Collection System Permit No. WQCS000 17 and G.S. 143-215. 1 (a)(1). "'rhe violation(s) that, occurred
are summarized in Attachment A to this letter.
Based upon the above facts, 1, conclude as a matter of law that City of Gastonia violated the terms, conditions or
requirements of Collection System Permit No, WQCS0001 7 and G.S. 143-215. 1 (a)(1) in the manner and extent shown in
ikttachment A. 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 testes, conditions or requirements of a permit required by G& 143-215. t(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 Directc)r of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City of
Gastonia:
stateofNorth Carolina I Envirouniental Quality ! Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$259,L0 For i of the 3 violations of Collection System Permit No, WQCS00017 and G.S. 1 3-215.1(a)(1) fo�qq
r
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
_,�25Q&0 TOTAL CIVU, PENALTY
11 .12 Enforcement Costs
36 .1; TOTAL AMOUNT DLL
Pursuant to G.S. 143-213e6, (c), in determining the amount of"the penalty I have taken into account they Findings of Fact and
Conclusions of t,aw and the factors set forth at G& 143 -2 2,1(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 cast of rectifying the damage{
() The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(') 'the prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
() The cast to the State of the enforcement procedures„
Within thin (h) days of receipt of this notice, you must do one ofthc Following.
(1) Submit payment of the penalty, O
() Submit a written request for remission OR
(3) Submit a written request for an administrative hearing;
Option 1: Submit payment of the penalOn
Payment should be made directly to the order of the Department of F"nvironmental Quality (di not include 1vaiv
form), Payment of the penalty will not foreclose further enforcement action for any continuing or new violations).
Please submit payment to the attention of
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 2769 -161

Voption 2:
request:
Submit a written request for remission or mitigation including a detailed justification for such
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 NC GS 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 Water Resources will review your evidence and intmin 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, 'rherefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission,
In order to re for Remission of Civil Penalties,,_
to rnmisttati ti �ulatiqrr of Facts" form within thirty 30 fts. of ftLs
S_ of �recei �)t
notice. The Division of Water ResouLces also requests that
Remission Request,"
Both forms should be submitted to the following address:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
W. Corey Basinger, Regional, Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Suite 301, Mooresville, NC 28115

Option, 3. , File a petition for an administrative hearine with the Office of Administrative Hearin2s:
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 n6tice­.� 'A'Peffiiiion 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 petition may be filed by facsimile (fax) or electronic mail by an, attached file (with restrictions) - provided
the signed original, one, (1) c-opy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the taxed or electronic transmission. You
should contact the Office of Administrativ r the details of the
filinmroN.Pssl
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fa.x-. [phone]
One (1) copy of the petition must also be served on DEQ as follows:
M,r. 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 inav be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Lon Snider with the Division of Water Resources -staff of the Mooresville
Regional Office at (336)'776-9701 or via email at Ion. sn iderCo)nQdenr.gov .
Sincerely
[.,;,.W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc °QS Mooresville Regional Office - Enforcement File
NPDES ComphancefEmorcement Unit - Enforcement File

FV JUSTIFICATION FOR RIEMISSION,REQUEST
Case Number: DV-2017-0028 County: Gaston
Assessed Party: City of Gastonia
Permit No.: WQCSOOO 17 Amount Assessed: $3 ,6 .81 2
Please use this form when requesting remission, of this civil penalty. You must also complete the 'Request For Remission,
Waiver of Right 14.) 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 firinted 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, § 14313-282. I(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply, Please the 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 MC.G.S. 143B-282. I (b),were, wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civilpenalty, assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps than roar took to correct the violation andpreventfioure occurrences),'
(c) the violation was inadvertent or a result of an accident (i e,, explain w1w the violation wav unavoidable or
something you could not prevent or prepare fior),-
(d) the violator had not been assessed civil penalties fir any previous violations;
(c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e,, explain
how payment of the civilpenaltr will prevent youftom performinA the activities necessary to achieve
compfiancr�),
EXPLANATION:

f
STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
F
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN
F CIVIL PENALTIES AGAIN T ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City Gaston
Gastorda Collection System
PERMIT NO. WQCS00017 CASE NO. I)V-2017-0028
Having been assessed civil penalties totaling $368,12 f v violation(s) as set forth in the assessment document of the Division
ofWater Resources dated May 1 , 01 i 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 ofremission of'this civil
penalty must be submitted to the Director of the Division » r of eater Resources within thirty 30) days of receipt of the notice
of assessment. No new evidence in support of d remission request will be allowed after (0) clays from the receipt of the
notice of assessment.
This the .. _.. day of _ 0_.
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
City of Gastonia
i
CASE NUMBER: I-21-2..
PERMIT NO:
W CS 0 1
REGION: Mooresville
FACILITY:
Gastonia Collection System
COUNTY: Gaston
Other Violations
INCIDENT
VIOLATION
TOTAL VOLUME
PENALTY
NUMBER
DATE VIOLATION TYPE
VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
201700166
2/212 17 C CIS O(Sewer Overflow)
Discharge without valid permit
400
$0,00
201700209
2/101201 CSOISSO(Sewer Overflow)
Discharge without valid permit
2,800
$0,00
201700308
2/2 /201 CSCISSD(Sewer Overflow)
Discharge VAthout valid permit
9,500
2 0

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FedEx Express: #8094 87915547
DIRECT SIGNATURE RE REQUIRED
April10, 2017
Mr, W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEi
610 East Center Avenue; Suite 301
Mooresville, NC 28115
ICE. NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2017-DV-0065
Sanitary Sewer Overflows — February 2017
Collection System Permit No. WQ. S 001
Gastonia Collection System (Two Rivers Utilities)
Gaston County
Clear Mr, Basinger:
The City of Gastonia°s Two Rivers utilities (TRU) is in receipt of the referenced Notice of violation & Intent to
Issue Civil Penalty for three self -reported sanitary sewer overflows (SSOs) occurring in February 2017_ The
intent of this correspondence is to provide additional information regarding the cause of the SSOs and
actions taken to prevent recurrence of such events.
The three SSOsreported are identified below:

• The SS O was not intentional.
• Cause: Grease
• TotalVolume. 400galIons
• Total Volume Reaching Surface Waters,, 200 gallons
• Duration: The sewer blockage was reported on February 02, 2017 at 12:30 pro and ended at
2:00prn. The, emergency response crew responded immediately, the blockage was cleared, and the
debris was vacuumed. After cleaning the site, pulverized linle was applied. The total SSO duration
time was 90 minutes.
• Impacts to Public Health- There were no known or reported impacts to public health.
• Fish Kills: There were no known or reported fish kills.
• Money Saved by Non -Compliance: No expense was saved by non-compliance. TRU has dedicated
crews that clean and inspect sewer lines as part of our preventative maintenance program, The SSO
required action that resulted in the expenditure of funds for the emergency response.
• The SSO was not intentional,
® Cause: Pump station equipment failure due to accumulation of debris on low level float and conflict
with the ladder rungs. Suspected vandalism due to phone line being cut which prohibited the RACO
dialer to phone out an alarm.
• Total Volume-, 2,800 gallons
• Total Volume Reaching Surface Waters: 0 gallons
• Duratiow The sewer blockage was identified on February 10, 2017 at 1:45pm and ended at 2:45prn,
Crews responded, released the low level float, and the pump began to pump and elided tile spill.
The overflow was pumped back into the sewer system and pulverized firne was applied to the area.
• Impacts to Public Health, There were no known or reported impacts to public health,
• Fish Kills: There were no known or reported fish WK
• Money Saved by Non -Compliance., No expense was saved by non-compliance,
• Actions Taken to Prevent Recurrence: The phone line was repaired and a security camera system is
currently being installed to help prevent any future vandalism, In additional, the RACO dialer is
being replaced with a web based cellular dialer that will provide immediate notification upon any
alarm or loss of cellular signal by a phone call, text, & email. The float switches were carefully
inspected and relocated to avoid any interference from the ladder rungs.
• The SSO was not intentional,
• Cause: Grease
• Total Volume: 9,500 gallons
• Total Volume Reaching Surface Waters: 9,000 gallons
• Duration: The sewer blockage was reported on February 26, 2017 at 1:45prn and elided at 2:45pm,
The emergency response crew responded immediately, the blockage was cleared, and the debris
was removed and pulverized lime was applied. The total SS O duration was 60 minutes.
• Impacts to Public Heaittv There were no known or reported impacts to public health,

• Fish Kills: 'There were no known or reported fish kills.
• Money Saved by Non -Compliance: No expense was saved by non-compliance. TRU has dedicated
crews that clean and inspect sewer lines as part of our preventative maintenance program. The SSO
required action that resulted in the expenditure of funds for the emergency response.
in addition to the FOG Program, TRU collection system maintenance crews operate three jetter trailers, a
sewer rudder, and a combination vacuum/jetter truck. TRU utilizes a video truck with Granite software to
help identify line blockages. TRU dedicates three crews to preventative maintenance and for response to
emergency blockages, with one crew designated for outfall maintenance. TRU crews have cleaned 95 miles
of sanitary lines in 2016 of a total of 584 miles in our wastewater collection system.
Although there were no identified fill kills, no known negative impacts to public health, and no closures of
recreational areas due to these three self -reported SSOs, TRU remains sensitive to environmental and public
risks associated with SSOs and committed to protecting the environment and natural resources. TRU has an
active inspection program and personnel that is trained and certified to perform preventative and corrective
maintenance to our system. We continue to make advancements to improve all programs relating to the
care and maintenance of the wastewater collection system.
Thank you for consideration of the information provided herein. If I can provide any additional information,
or if you have any questions, please feel free to contact me via phone at [phone] or email me at
briano(@tworiversutilities.com.
Sincerely,
griSincerely,
PE
Division Manager Utilities Maintenance
c�c: Matt Bernhardt, Nrector of Public Works & Utilities

PLOY COOPER
amm-
MICHAEL S. REGAN
'rr° ary
*JAY ZIMMERMAN
Ptrctor
-110 110 _ m 1 ,
CERTIFIED MAIL: 70'15 1520 0002 5880 275
REQUESTEDRETURN RECEIPT
March 27, 2017
Ed Munn, City Manager
City of Gastonia
PO Box 1748
Gastonia, SIC28053-1748
SUBJECT:I ISSUE CIVIL
TrackingNo.: 7-
Sanitary Serer Overflows - February 2017`
Collection System Permit No. WQCS00017
Gastonia Collection System
Gaston County
Dear Mr. Munn:
v een conducted of the self�repdtted Sanitary Sewer Overflows (SSM) 5-Wy Repo * rt/s Submitted by
The Mooresville Regional Office is providing the City of Gastonia an opportunity to provide evidence and
justification as to why the City of Gastonia should not be assessed a civil penalty for the violation(s) that are
summarized below: Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date Mn Location
Cause (Gals) al ion
201700166 2/2/2012
201200209 2/10/2017
201700308 2/26/2017
0 86 Gilmer Street
0 210 Old w llis School
Road
60 2111 N. Modena St.
Grease
pump station
equipment failure
Grease
400 200 Notice of violation
800 0 notice of Intent
9,500 9,000 Notice of Intent
State of North Carolina I Environmental Quality I Water esourr�s
61G East Center Avenue; Suite 301, Mooresville, NC. 2811
704-663-169

NoticeThis
Violation • of • Enfbftebeing issued fbr the noted • * •
State of North Qolin I Enwronmental Quality €aty I WaterResources
610 Fast Center Avenue, Suite 301, Mooresville, NC 81 15
704-663-169