WQCS00017_Enforcement_20170818

ROY COOPER
S. JAY ZIMMERMAN
Ml at r- ecourmc e
September 26, 2017
x t.:
r. Brian J. Potockt, PE
Two Rivers Utilities
PO Box1748
Gastonia, NC 2 053-174
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Gastonia Collection System
Gaston County
Permit No. WQCSOOO 1 '
-2017-0t1
Dear Mr. Potuclris
This letter is to acknowledge receipt of check No. 12995 in the amount of $620.36 received from
you dated 11/2017. This payment satisfies in full t1te civil assessment levied against the subject
facility and this case bass been closed, Payment of this penalty in no way precludes facture action
by this Division for additional 'violations of the applicable statutes, regulations, or permits,
If you have any questions, please call Steve Lewis at 919-807--6308.
Sincerely,
S. Jay Zimmerman, P.G.
Director, , Division of Water Resource
cep Enforcement File # DV-201- 0
Carey Basinger, r, Mooresville Regional Office Supervisor
Lon Snider, l R
Central piles
Mate c+E'NoMi Carolina I Environmental Quality 'VVaate,r Resources .........
1617 Mail Semiee Center I Raleigji, North Cautaiiaaa 27699.1617

OY COOPER
Watcr Resources
-,w
I,eawMCruMErarAT, OU,ALi1`x
September 26, 2017
Mr. Brian J..Potoc i, P
Tvvrd Rivers Utilities
O Box 1748
Gastonia, NC 28053-1 4
SUBJECT: Payment Acknowledgment
Civil Penalty Assessnient
Gastonia Collection Systern
Gaston Connive
permit No. WC C 00 1
DV -SCE 1 -0055
FeatMr. Potoc i,
This letter is to acknowledge receipt of check No. 12995 in the amount of $620.3 received from
you dated /1/2 1T This payment satisfies in t'arll the civil assessment levied against the subject
facility and this case haa's been chased. Payment of this penalty in no xvaalj precludes future action
by this Division f« r additional violations of the applicable statutes, regulations, or permits.
If you have any questions, please call Steve Lewis at 919-807-6308.
incerely,
, Jay naaraert an, .' ,
Director, Division of Water Resources
cc: Enforcement Exile -` 01 - 055
Corey Basinger, Mooresville Regional Office Supervisor
Lon Snider, aMR
Central Files
Sta$l.ol'Mmh Ca atana I F)Ivirarsaa emit Quafiy I watt Resources
1617 Snnacc C?ent(,r i Raleigh, North Carahna 27699-16 7

Wdter Resbames
$44�L OUAWY
Certified Mail # 7015 1520 0002 6880 2%2
Retura.Agceigt, Rea uested
August 18, 2017
Matt Bernhardt, Public Works Director
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.) 143-215,1(a)(6)
and Collection System Permit No, WCSOOO 17
City of Gastonia
Gastonia Collection System
Case No. DV-2017-0055
Gaston County
Dear Mr. Bernhardt-,
Roy, COOPEpt-
cmewr
MICR AEL S. RECAN
seemwy
,JAY ZIMMERMAN
t*ww
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $620,36 ($500.00 civil penalty +
$120.36 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 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), The viol Lion( that occurred
are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Gastonia violated tire 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, 143-21S.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.I(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, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against City, of
Gastonia:
state of North Carolina 1, Environmental Quality I Water Resources
6 1 OE&st Center Avenue, Suite 301, Mooresville, NC 28115
704-66.3-1699

iq5-5-00.00 For I of the 2 violations of Collection System Permit No. WQCS00017 and G.S. 1 - 1 .I(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without avalid permit,
S O 0 TOTAL L PENALTY
1120.36 Enforcement Costs
b t1.3 TOTAL AMOUNT iyIFll~
Pursuant to G.S. 1 3- 1 . A(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. 14313- g :l(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;
() The duration and gravity of the violations
(3) The etTect on ground or surface water quantity or quality, or on air quality,
(4) The cost of rectifying the damage;
() The amount of money saved by noncompliance;
() 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
(g) The cost to the State of the enforcement procedures.
Within thirty (30) clays of reccipt of this notice, you must do one of the following;
(1) Submit payment of the penalty, OR
() Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option . Submit payment of the` penalty:
Payment should be made directly to the order of the Department of F nvironnrenta;l Quality (do not include waiver
fijrm), 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
P>S Unit`
Division of Water Resources
1617 Mail Service Center'
Raleigh, North Carolina 27 99-1617
i

F
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
tire 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 atthe 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-,
(3) whether the violation was inadvertent or a result of all 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 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.-o-rderto request remissiogyou rrnctst cotnpl t-and submit the enclosest-for Remission of Civil P pq nq.Ities
diverofto an -Administrativtz Hearing, and %aglation of Facts" to with iti 01ILfty f3 0 ays,offthisrcgejpto )A
notice. The Division of Water Resources also -requ, (a - a
gsts,nhat� u complete and submit the enclosed "Justific tion, for
,Remission R" q,qgest.,--
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 3 01
Suite 30 1, Mooresville, NC 28115

Option 3: File a petition for an administrative hearingwith the Office of Administrative Hearings: Iq
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
bearing. 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 petition maybe filed by facsimile (fax) or electronic mail byan, attached file (with restrictions) -provided
the signed original, one (1) copy 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 Administrative, f4eprino-z with all o��estior�s re in the film fee and�� chi retails of the
fit I i n xTipce ss.
The mailing address and telephone and fax numbers for the Office ofAdministrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
T6 [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follow
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 Lon Snider with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail],.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresvillelkegional Office
Division of Water Resources, NCDEQ
Al-FACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NTIDES Co nip I iance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2017-0055 County: Gaston
Assessed Party: City of Gastonia Amount Assessed: $k2_03_6
Permit No.: WQCS00017
Please use, this fotm 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 documcnte Pursuant to N,CG,S. § 14313-2823(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.& 14313-281 l(b) were wrongfully applied to the
detriment of the petitioner ('the assessmentfactors are listed in the civil penal(y, assessment document);
(b) t image resulting from the violation (i.e., explain the
he violator promptly abated continuing environmental d4
steps that Vou took to correct the violation and revert future occurrence
(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 remain ing necessary remedial actions (i, e., explain
how payment of the eivilpenalty willprevent you from pe(fornting the activities necessary to achieve
compliancc).
E NATION*
ALL�A

STATE DP NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN TITS MATTER DP ASSESSMENT" ) WAIVER R OF RI IIT TO AN
E CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARIING
}STIPULATION OF FACTS
City- of Gastonia
Gastonia Collection System }
PERMIT NO. WQCSOOOI7 CASE NO. DV-2017-0055
Having been assessed civil penalties totaling 16ZO.-16 for violation(s) s set forth in the assessment document of the Division
of Water Resources dated Au ust I 8 2017, 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 sloes stipulate that the acts 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
ofassessment. No new evidence in support of a remission request will be allowed after (gip) days from the receipt of the
notice of assessment:
This the _ day of m..m_. _ 0
SIGNATURE
ADDRESS
TELEPHONE N

ATTACH ENT A
City of Gastonia
CASE NUMBER* V-20 7-005
PERMIT NO:
WQCS00017
REGION: Mooresville
FACILITY*
Gastonia Collection System
COUNTY: Gaston
Other Violation
INCIDENT
VIOLATION
TOTAL VOLt1 'E
PENALTY
NUMBER
DATE VIOLATION TYPE;
VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
201701002 2
613/2 17 .SO/SSO(Sewer Overflow)
Discharge without valid permit
22,500
$500.00
201701110
6128/2 1 i66 (Sewer Overflow)
Discharge without valid permit
1,200
$0.00

August 4, 201
Mr, W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEB
610 East Center Avenue; Suite 301
Mooresville, NC 2 115
RE: NOTICE_`OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NI V-2 17-ITV- 1 13
Sanitary Sewer Overflows —June 201
Collection System Permit No. yi QC 0001
Gastonia Collection System (Two Rivers Utilities)
Gaston County
Dear 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 seer overflows ( O) occurring in June 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 SSCis reported are identifiedbelow:

;e find additional information below for each of the three self -reported SS0s:
Incident Number 201701002--- 1055 Gastonia Technology Parkway.
0 The SSO was not intentional.
0 Cause: Debris in line
0 Total Volume: 22,500 gallons
* Total Volume Reaching Surface Waters: 22,500 gallons
* Duration: The sewer blockage was reported on June 03, 2017 at 12:00 pro and elided at 5:00pm. The
emergency response crew responded immediately and began efforts to clear the blockage, Once the
blockage was cleared, the site was cleaned and pulverized time was applied. The he total SSO duration time
was 300 minutes.
0 Impacts to Public Health: There were no known or reported impacts to public health.
0 Fish Kills: There were no known or reported fish kills.
0 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, TRU has
expended funds to clean and inspect a large portion of this outfall line,
Actions Taken to Prevent Recurrence; This area was recently targeted as a large scale cleaning and
rehabilitation project due to the age and condition of the pipe. TRU has contracted with an outside
contractor to clean and video approximately 8,OOOLF of this 30"' concrete outfall line at estimated cost of
$300,000, TRU has also contracted for repair of two exposed crossings at a cost of $90,000. In addition
to the cleaning/inspection of the line, TRU' s Pretreatment Division is working with a local factory about
discharge of fiberglass into the sanitary sewer system which has accelerated accumulation of debris in the
pipe.
Incident Number 201701100-1228 Iva Street:
• The SSO was not intentional,
• Cause-, Debris in line
• Total Volurne: 400 gallons
• Total Volume Reaching Surface Waters: 400 gallons
• Duration: The sewer blockage was reported on June 27, 2017 at 9:30pm and elided at 10-.30pm, The
emergency response crew responded immediately, the blockage was cleared, and the debris was
vacuumed. After cleaning the site, pulverized lime was applied, The total SSO duration time was 60
rninute5.
• Impacts to Public Health: There were no known or reported impacts to public health.
• Fish Kills.- There were no known or reported fish kilts.
• 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.
Incident Number 201701110-575 Queen Brogan Court:
• The SSO was riot intentional.
• Cause: Roots
• TotalVolume: 1,200gallons
• Total Volume Reaching Surface Waters: 600 gallons
• Duration: The sewer blockage was reported on June 28, 2017 at 5:30pm and ended at 930prn, The
emergency response crew responded immediately, the blockage was cleared, and the debris was removed
and pulverized lime was applied. The total SSO duration was 240 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 Norr­Compliance: 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 550 required
action that resulted in the expenditure of funds for the emergency response.
TRU collection system maintenance crews operate two jetter trailers 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 relies in our 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
t Liank@two rive rsutilfitres_ co rn .
Sincerely,
Brian J. Potocki, PE
Division Manager Utilities Maintenance
cc, Matt Bernhardt, Director of Public Works & Ufiktkes

"
July 28, 2017
Matt Bernhardt, Public Works Director
City of Gastonia
PO Box1748
Gastonia, NC28053-1748
tl INTENT 'T UCIVIL
Tracking No.: - 17 V-01
Sanitary Sewer Overflows - June 2017
Collection System Permit No. WQCS00017
Gastonia Collection System
Gaston County
Dear Mr. Bernhardt:
Ploy ''COOPER
MICHAEL S. BEGAN
€:r t ty
.JAY ZIMMERMAN
Dimw
review has been conducted of the self -reported Sanitary Sewer Overflows C 's -Day l epbrt/s, submitted b
City of Gastonia. The Division's Mooresville Regional Office concludes that the City of Gastonia violated Permit'
Condition Z of Permit No. WQCS00017 by failing to effectively manage, maintain, andoperate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface wasters and the SSG constituted
making an outlet to waters of the Mate for purposes of G.S. 1-1.a)1, for which a permit is required by
G.S. 1 i -71 .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 and
summarized below:
Total Vol
Totalurf
Incident u tion Vol Water
Number pate ins) Location Cause1 (Gals) DWR Actium
20170 002 6/ /2017 300 1055 Gastonia Tech Debris In line 22,500 22,500 Notice of Intent
Pkwy
201701100 /27/2017 60 1226 Iva Street Debris in line 400 400 No Further Action
201701110 6/2 /2017 240 575 Queen Brogan Ct Roots 1,200 600 Notice of violation
State of North Carolina [ Environmental ideality l Water resources
610 East Center Avenue, Suits 30t, Mooresville, NC 28115
704-66-1,-1699

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. i) m
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be violation.
Jr
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a
permit issued pursuant to G.S. 143-215. 1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
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 used 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].
Si erely,
tv,.M, 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 C Environmental Qjialfty I Water Resources
610 East Center Avenue, Suite 301, Mw)rcsvi Ile, NC 28115
704-663-1699,

NCDEQ - Division of Water Resources
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
Case Gists:
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