WQCS00017_Enforcement_20170721

OY COO PER
S. JAY ZIMMER MA N
Viloter Resources
August 16, 2017
Mr,_Brian Fcattacki, PE
Division Mwiager Utilities Maintenance � c
Two Rivers Utilities
PO Box 174
Gastonia, 11C 7 t1 3-174
SUBJECT: Payment Acknowled ment
Civil Penalty Assessment
Gastonia C011CC60 a Systern
Gaston Count
Permit No. r't C tlttO 17
Dear Mr. P trocki
This letter is to acknowledge receipt of cheek No, 129183 in the arraount of 3C1- , 12 received
from you dated. 8/112017, This payment satisfies in full the civil assessment levied against the
subject lacility and this case has been. closed. Payment of this Fcnalg, in no way precludes future
action by this Division for additional violations of the applicable statutes, regulations, or pernifts.
1f you have any. questions, please: call Steve Le is at919-807-6308.
Sincerely,
S. Jay Zimmerman, RGe
Director, Division of Nk'ater Resources
cc: Enforcement bile # L V-2017-004
Corey Basinger, Mooresville Regional Office Supervisor
lm,con Snider, MR
Central Files
State UNoTthCarolina I Environmental ality'I WaterResozraei
16 P tw ag Service C enter � R,al6 g6, Nonh C ar+ohn, 7699-161'7

Off' COOPS R
WaterResources
F;N'a4RP.➢AtCrEN TAL QU ALfIY
August 16, 2017
Jr. Brim Potocl;i, P
Division Manager utilities Maintenance
Two Rivers Utilities vii4
PO Box 1
Gastonia, NC 8053-1745
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Gastonia Collection System
Gaston County
permit No. WQCSOOO 17
Dear Mr. Potoc i
This letter is to acknowledge receipt of check No. 129183 in the amount of $368.12 received
fl-eam you dated /l/ ,ill7. This payrraent satisfies in full, the civil asse srarent levied against the
subject facility and this case has been closed. Payment of is penalty in no ,�vay precludes future
action by this Division for additional violations of the applicable statutes, regulations, or permits,
IT you have any questions, please call Steve Lewis at 1 - 7-" 30 .
Sincerely
S. Jay Zimmerman, P,G.
Director, Division of WaterResour-ces
cc: Enforcement bile tf 1 V-2017-t<06
Corey Basinger, er, o resville Regional Office SuperN,, so
Lon Snider, MRO
Central Files
"ttatc. of Noah Carnhna i C;uvitom non al Qvtaf ity f %tc, It auces
161'7MaHSemiceCciaei f Raleigh, NoithCarolinzu27699lit7

Water Resources
ray NTT OuALOY
Certified Mail # 7015 1520 0002 6984 9874
RetuajAjK!jd l
Malt Bernhardt, Public Works Director
City of Gastonia
PO Box 1748
Gastonia., NC 2805361748
SIJBJECT: Notice of V iolation and Assessuient of Civil Penalty
for Violations of North Carolina General Statute (G,S.) 143-215.1(a)(6)
and Collection System Pennit No. WQCSOOO 17
Ciry of Gastonia
Gastonia Collection System
Case No, 1.)V-2017-0046
Gaston County
Dear Mr. Bernhardt:
Ploy COOPER
CAWWWW
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Direcror
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $368-12 ($."250.00 civil penalty +
$118. 12 enforcement costs) against 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 su but itted by City of Gastonia. This revicko, has shown the subject facility,to be in violation ofthe
requirements found in Collection System permit No. WQCS00017 and (!.S, t43-215.1(a)(1), 'rhe, violation(s) that occurred
are summarized in Attaclurient A to this letter,
Based upon the above ,facts, I conclude as a matter of law that City of Ciastonia, violated the terms, conditions or
requirements of Collection System Permit No, WQCS00017 and G.S, 143-215, 1(a)(1) in the manner and extent shown in
Attachment A, In accordance with the maximums established by G.S� 143-215,6A(a)(2), a civil penalty may be assessed
against any person xk-ho violates the terms, conditions or requirements of as permit required by (3,S, 143-215, 1 (a).
Based upon the above findings of factiurd conclusions of law, and in, accordance with authority provided by the Secretaly
of the Department of Environmental Quality and the Director 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:
State, of North Carolina I Environmental Quality cater Resources
610 East Center Avenue, Sutoc 301, Mooresville, NC 28115
704-663-1699

Z Q.00 For I a fthe i violations of Collection System Permit No. WQCS007 and G.S. 1-215.1( )(] ) for 14
Sanitary{ SewerOverflow(s) resulting in at discharge without a valid permit
$2 55 tl"fi11 TOTAI, CIVIC PENAITY
11 .12 Enforcement Cost
Pursuant to G.S. 143-21 y.6 (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 t,.3,S, 143B-2 2,I(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) 'rhe duration and gravity oftheviolation-,
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) the cast of rectifyring the damage,;
(5) The amount of money saved by noncotoplianice
() 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 cast 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, OR
f2f, Submit a written request for remission,' i
(3) Submit a written request for an administrative hearing
Option i s Submit payment of thepenalty:
Payment should be made directly to the carder ofxthe Department of Environmental Quality (do not include waiver
,lbrot), Payment of the penalty will not foreclose further enforcement action for -my continuing, or new violation(s)..
Please submit payment to the attention of,,
Steven Lewis
t ERCS L""nit
Division of Water Resources
ources
1617 I"rl'ail Service Center
Raleigh, North Carolina 27 9-161 7

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 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
Cite 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(3S 143B-282. I (b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental darnage resulting front 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 penaltNy 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 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 yourrequest for remission.
In order to [gq 1 0 In] s lL _fqn� ell ti ILestrenussI0II coat . IsubmLtfai g-rlqh)sed ",Reqqg or Remission of Civil P al _p _arrq_ g__f
Waiver of fttILto all Adni in istrati ve 1- fear' and.5IipWkqn,_pf Facts" forin within thi! {l d . ciftc�qei of this
notice, The Division f Water Resources also re nests hp!Lou c mp,[ is and submit the enclosed "Justification for
Remission K ttmlu�s
­.-e! "
Both forms should be submitted to the following address
lzlm��
PERCS far
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-161,7
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
6 10 East Center Avelme, Suite 301
Suite 301, Mooresville, NC 28115

Option 3: File,a tition for an administrative heaLing
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 ftoin the Gifice of Administrative fleivings. 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 nortnal office hours, The Of of Administrative
Hearings accepts filings Monday throe 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 (fix) or electronic mail by an attached rite (with restrictions) - provid"i
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 1501"1-232) 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' Administrative I learinV,A ps_tega d gond/or the details of the p_
filing p�roc�ss.
'fhe mailing address and telephone and fax numbers for the Office ot'Adininistrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows -
Mr. William 1% Lane, General Counsel
Department of Environtriental Quality
1601 Mail Service Center
Raleigh, North Carolina27699-1601
Please indicate the ease number (as found on page one of this letter) (,)it 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"I'tinre received stamp (not a postmark), will result in this matter being relcrred to the Attorney Gieneral's Office for
collection of the penalty through a civil action, Please be advised that additional penalties nifty be assessed to], 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 (3 36) 776-9701 or via entail at lon.sn ider.,�, ncdenr,gov,
Sincerely,
W, Corey Basinger, Regional Supervisor
Water Quality Regional Op rations Section
Mooresville Regional Office
Divkion of Water Resources, NCDEQ
,A'l -FAC H M ENI'S
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Cornphance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION RE T--ST
F QU
Case Number. -2017-00 County: Gaston
Assessed Party. City ofGastonia
Amount Assessed: .1
er ito.: 'CS00)1 ,
Please use this form when requesting remission of this civil penalty, You mast also complete the "Request For Remission,
f 'miler � 'I Right to an Actinini;strcative Hearing, , carrel Stipulation of Facts" forn7 to request remission of this civil penalty,
You should attach any documents that you believesupport your request and are necessary tier the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration f the five
factors listed below as they may relate to the reasonableness of the ar ount of the civil penalty, assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of anyof the factual
statements contained in the civil penalty assessment document, Pursuant to N C'.G, . § 1 1-2811(c), remission of civil
p y ionginve factors
rs ,ply. Please check each factor that you
�,raalt� eras � ranted only when one or more of the following tis�� factor°s a
believe applies to your case and provide. detailed explanation, pies of supporting documents, as to svhy the
factor applies (attach additional pages as needed),
one or more of the civil penalty, assessment factors inN.C.G.. 1 313-2 1 I(b) were wrongfully applied to the
detriment. o the petitioner (the rrs, ussrr rtt t ictor�s are fisted in the civil penults assessment ent document);
(b) the violator promptly abated continuing environmental damage resenting from the violation (Let explain the
steps that you took to correct the violation card re vent.futur•e occurrences'),'
(c) the violation was inadvertent or a result of an accident (i,e,, explain u,�ky the yr"c k'nion was a n avahiable or
something you could not prevent tar prepar«c 6r);-
(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 (Le., ex -plain
heave payment caf the civil penalti, will prevent t=°ctufiromperlbr•rrrtrrg the activities necessary to ctchrcac
corn lrcance
P 1 1 a

STATE OF ldtITII CAROLINA DEPARTMENT OF FtII.Cy31I1iTAL. QUALIT 14
COUNTY OIL GASTON
BN THE MATTER R OF ASSESSMENT WAIVER OF RIGHT TO AN
F CIVIL PENALTIES AGAfNS l ) ADMINISTRATIVE HEA I
} STIPULATION OF FACTS
City of Gastonia }
Gastonia Collection System
PERMIT NOWQCSOOO 17 CASE NO. DV-2017-004,6
Having been assessed civil penalties totaling $368,j 2 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated July 2 1, d I1, the undersi ned, desiring to seek remtmissiom of the civil penalty, tides here v 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 furtherunderstands 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 p dais of receipt of the notice
of assessment. No new evidence ence h support of a remission request will be allowed niter (3 ) days ttcmnm the receipt of the
notice of assessment.
This the _ � � .� dawn' o _..�� � _ . .._
SIGNATURE
ADDRESS
TELEPHONE EPHO

ATTACHMENT
'City of Gastonia
CASE NUMBER: DV-2017-0046
PERMITWQCS00017
REGION, Mooresville
FACILITY:
Gastonia Collection System
Gaston
Other Violations
INCIDENT
VIOLATION
TOT L LT
NUMBER
DATE VIOLATION TAPE
VIOLATION DESCRIPTION
(GALLONS) OUNT
r Overflow)
Discharge without valid permit
3,000 50 0

EedEx Express: ## 094 87 6371
DIRECT SIGNATURE REQUIRED
.mane 12, 2017
Mr. W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, iCIEC
610 East Center venue,- Suite 301
Mooresville, NC 28115
Er NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking .:NOV-2017-DV-0102
Sanitary Sewer Overflows — April 2017
Collection System Permit No. v1 QC5 001
Gastonia Collection System (Two Rivers Utilities)
Gaston County
[dear Mr. Basinger:
The City of G stonia's Two Rivers Utilities (TRIM) is in receipt of the referenced Notice of `violation
Intent to Issue Civil Penalty for a self -reported sanitary seer overflow (SSO) occurring in April
2017. the intent of this correspondence is to provide additional information regarding the cause o
the SSO and actions taken to prevent recurrence of such event.
The SSO reported is identified below:

Please find additional information below for the O:
Incident Number 2017 ?0526 0 Poston Circle
• The SSO was not intentional,
• Cause: Grease
• Total Volume: 3,000 gallons
• Total Volume Reaching Surface Waters: 3,000 gallons;
• [duration: The sewer blockage was identified on April 10, 2017 at 1 ,30pm and ended a
1;30pm. The emergency response crew responded immediately, theblockagewas cleaned,
and the debris was vacuumed. After cleaning the site, pulverized lime was applied. The
Natal SSO duration time was 60 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.-
• Actions Taken to Prevent Recurrence: This segment of the sanitary sewer system has been
moved to a 6-day cleaning cycle (previously a 1-year cleaning cycle) to help prevent future
SSOs. In addition, the TRU FOCI coordinator met with the two management companies,
Monument Real Testate and Capstone Multi -Family Estate, which manage the rental units
within the sanitary sewer sub -basin that likely caused the grease blockage. [wring these
meetings, both management companies were provided education FOG literature for
distribution to tenants.
TRU aggressively addresses grease problemsthrough educational programs,, plan reviews,
permitting, inspections, and line cleaning. TRU operates a proactive Fats, tail, and Grease (FOG)
Program and the FOG Coordinator takes an active role in the community targeting both residential
and commercial customers. In March 2017, 38,000 educational FOG bill inserts were mailed to
Two Rivers Utilities customers;.
In addition to the FOG Program, TRU collection system maintenance crews operate three fetter
trailers, a sewer rudder, and a combination vacuum%jetter truck. TRIG 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 i
our wastewater collection system,
r ,�

EIPP,
FFFF-
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 (704)866-
6728 or email me at [e-mail].
Sincerely,
ian J. Pot acki, PE
Division Manager Utilities Maintenance
cc: Matt Bernhardt, Director of Public Works & Utilities

Roy COOPm
MICHAEL S. REGAN
Nib. kawary
Sx JAY ZIMMERMAN
WaterResources Wwor
9NVOMM04TAL QUALOY
CERTIFIED MAIL; 7015 1520 0002 6984 9645
RETURN RECEIPT REQUESTED
May 25, 2017
Matt Bernhardt, Public Works Director
City of Gastonia
PO Box 1748
Gastonia, NC 28053-1748
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2017-DV-0102
Sanitary Sewer Overflows - April 2017
Collection System Permit No. WQCS00017
Gastonia Collection System
Gaston County
Dear Mr. Bernhardt:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Gastonia. The Division's Mooresville Regional Office concludes that the City of Gastonia violated Permit
Condition1 (2) of Permit No. WQCS00017 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SS O constituted
making an outlet to waters of the State fir purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
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 (Mins) Location Cause (Gals) (Gals) DWR Action
2017OG526 4110/2017 60 1,550 Poston Circle Grease 3,000 3,000 Notice of Intent
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215,6A, a civil penalty of not more than twenty-five thousand dollars ($25,000,00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215 . 1.
State of Na&i Carolina I EnriTonnientalQuality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC '28115
704-663-1699

This office requests that you respond to this Notice, in writing, within 10 business dais
receipt. In your response, you should address the causes of non-compliance, remedial actions, and 11 oth
actions taken to prevent the recurrence of similar situations® The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Lon Snider with the Water Quality Section in the
Mooresville Regional Office at 704-663-1699 or via email at [e-mail]. f its
of its
1h
0
and all ot e w 11 be
a c i g surface
hin
Jer factors Ice the cost of
Sin erely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
State of North Carolina I Environmental Quality E Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

I
Division of Water Resources
i
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty atr x
Violator , Assessor:
7-