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HomeMy WebLinkAboutNC0085812_LV-2019-0074_20190411ROY COOPER MICHAEL S. REGAN 5e,rfzr LINDA CULPEPPER Certified Mail # 7017 2620 0000 6788 5399 Returii Receipt Requested Andrew Neff Unioi Courity 500 N Maiii St Ste 500 Monroe, NC 28112 SIJBJECT: Dear Mr. Nef NOPT-3 CAROLINtA Envfrorunental Quulity Apri 11,2019 Notice af Vio!ation and Assessment of Civil Penalty for Viotations ofNorth Caro1na General Statute (GS) i432l5l(a)(6) a:nd NPDES \VW Permit No, NC00858 12 ti ri ion Couuty Grassy Branch WWTE Case No, LV2019-0074 Union County This letter traosmits a Notice ofViolation and assessment ofcivil penaity in the arnount of $55875 (5450M0 civil penalty -1- 510875 enforeernent eosts) against lJnion County. s assessrnent s based upon the foflowing facts: a review has been conducted ofthe Discharge Monitoring Report (DMR) sulirnitted hy Union County for the rnonth ofJanuary 2019. This review has shown the subject facilitv to be in violation of the discharge Limitations and!or rnonitoring requirernents found n NPDES WW Permit No, NC0085812. The violations, which occurred in January 2019, are summarized in Attachnient A to this letter, Based upon the above facts, 1 conclude as a rnatter of Iaw that Union County violated the terrns, eonditions or requirelnents ofNPDES WW Permit: No. NC008581:2 and G.S, i43215. I(a)(6 in the manner and extent shown in Attachmeut A. In accordance with the maxirnuins established by G.S. 143-2L5, 6A(a), a eivil penalty may be assessed against any person who viotates the terms, conditions or requirernents ofa periuit required by G.S. 143-215.l(a). f Em Mr* Reg.:r C43ir99 1 wte fr 3j Nc'ir ro 2ii. Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, W. Corey Basinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Union County; $250.00 1 of 1 violation of G.S. 143-215.1(a)(6) and Permit No, NC0085812, by discharging waste water into the waters of the State in violation of the Permit Monthly Average for Flow, in conduit or thru treatment plant $100.00 1 of 1 violation of (i.S. 143-215.1(a)(6) and Permit No. NC0085812, by discharging waste water into the waters of the State in violation of the Permit Weekly Average for BOD, 5-Day (20 Deg. C) Concentration $100.00 1 of 1 violation of G.S. 143-215.1(a)(6) and Permit No. 'NC008581.2, by discharging waste water into the waters of the State in violation of the Permit Weekly Geometric Mean for Coliform, Fecal INIFC Broth, 44.5 C $450:00 TOTAL CIVIL PENALTY $108.75 Enforcement Costs $558.75. TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the atnount of the penalty, I. have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: The degree and extent of harm to the natural resources of the State, to the public heallh, or to private property. resulting from the violation; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfullyor 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 cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR. (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option l 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 Wastewater Branch Division of Water Resources 1617 Mail Service Center Raleigh, -North Carolina 27699-1617 Option 2: Subrnit a wrilten request for remisson nr mitigation incLuthng a detailed justification for such request: Pease be aware that a request for reniission is lirruted to eorisideration of the five factors listed beIo as they may relate to the reasonableness of the aniount of thc civil penalty assessed. Requesling remission is notthe proper procedure for contesting whether ihe ' iolatioii(s) occurred or the accuracy of any of the factual statements contained in tlie civil penalty assessment document. Because a remission request forecloses the option ofan administratie hearing, such a request rnust be aecompanied hy a waiver of your right to an administrative hearing aiid a stipulation and agreernent that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you be1iee the ciiI penalty should be remitted and suhmi( it to the Dision of Water Resources at the address listed beIo. In determining whether a rernission request ' ill he approved. the foliowing thctors shall he considereW (1) whether one or more ofthe civil penalty assessment factors in NUGS l43B282(b) was wrongfull applied to the detrirnent ot the petitioner; (2) whether the iolator proinptl) abated continuing enironrnen1aI damage resulting frorn the violatiom (3) whether the ioIation was inadertent or a result ofan aecident; (4) whether the violatot had been assessed civil penaItie f'or any previous violations, or (5) vhelher payrnent ofthe civil penalty wi] prevent payment for the rernaining necessary remedial actions. Pease note that all eidence presented in support ofyour request fir remission must he subrnitted in writing. 'Ihe Director of ibe Division of Water Resources will revie your evidence and inforrn you of liis decision in the niatter of your remission request. 1he response ill provide details regarding the case status, directions for pa'vnient, and provision for further appeal ofthe penalty to the Environrnental Manageiuent Conunission's Coinrnittee on Civil Penalty Rcrnissions (Comrnittee) Plcase he ad\ ised that tlie Cornmittee cannot consider information that was not part ofthe original remLssion request eonsidered hy the Director, fherefore, it is very irnportant that you prepare a cornpete and thorough staternent in support of your request for remission. In orjeL1O requet rernissioiyou rnust com2lete and subrnit tite eiclosLRequest for Remission ofCivij Pena1ties \'aiver o Rtght to an Adnunitcatie Heanng and SiipjiLition ot Facb' form within thirty (3fl day ol ree1pt ot tlus notice. The Division of \Vatet' Resources also reiests that you cornplele arid sumit the enclosed JustificatiolLfor, Rernissioii Request" Both forms should be suhnitted to the foliowing address Watevater Branch Diiisioii of Water Resources 1617 Mail Service Center Rakigh, North Carolina 27699-161 7 Option 3: File a petition for an administrative hearingwith the Office of Administrative Hearings: If you. wish to contest any statement in the attached assessmentdocument you:must file a petition for an adrninistratie 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 am. and 5:00 p.m., except for official state holidays. The petition may be filedby facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (i.f a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission, You should contact the Office of Administrative Hearings with ahl questions regardipo- the filing fee andlor the details of the fi in&process. The mailing address and telephone and fax numbers for the Office of A.dministrative Hearings are as follows: 671.4 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919)411-3100 One (1) copy of the petition st also be served on DEQ as follows: 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 fb nd 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 a.ssessinent. 1 f you have any questions, please contact Roberto Scheller with the Division of Water Resources staff of the Mooresville Regional Office at (252) 946-6481 or via email at roberto.schellergricdenr.gov. Sincerely., W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville. Regional Office Division of Water Resources, -NCDEQ AT'TACHMENTS Cc: WQS Mooresville Regional Office Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File SUSTIFICATION FOR REM1SSIQN REQUEST Case Numbcr; LV-2019-0074 Assessed Party: Union County Permit No.: NC0085812 County: Unon Arnount Assesed: $55&75 Please use this forrn when requestiiig remisson of tliis civil penaity. You rnust also cornplete the "Requesr For Reinission, Waiver ofRight 10 an Administrative J-Iearing, and Stipulation ofFacis" form to request rernission ofthis civil penalty. You siiould attach any documents that you helieve support your request ancl are necessary for the Director to consider in evauating your request for remisson. Please be aware that a request for rernission is imited to eonsideration ofthe five tctcrs [isted below as thev may relate to the reasonableness ofthe arnourit 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 civii penalty assessment docurnent, Pursuant to N .C.G.S. § 1 438-282. 1(c), rernission of a civil penalty may be granted only when one or inore of the foliowing five factors apply. Please check each factor that you believe applies to your cse and provide a detailed explanation, including copies of supporting docurnents, as to why the factor applies (atiach addidonal pages as needed), (a) one or more ofthe civil penaky assessment factors in N,C.G.S. 143B-282,i(b) were wrongfufly applied to the detrirnent of the petitioner (The a&sessrnei frictors are iisred in the civil penaltv assessment document); (h) the violator promptly ahatecl continuing enviTonmental clamage resulting from the violation (Le., explain the steps thai you took ro correct ihe violation andpreventfuture occurrenceij; (c) the violation was inadvertent or a result of an aceident (i. e.. explain why the violaiion WOS unovoidable or something you could rio! prevent or preparefor); (d) the violator had not heen assessed civil penalties kr any previous violations; (e) payment of the civil penalty will prevent payment fr the reinaining necessary remedia! actions (,e., explain how paynient ofthe civil penaity will prevent youfrom perfrr,ning lhe activiiies necessary to cichieve cornpliance). EXPL.ANATION: STATE OF NORTH CAROL.IN A COUNTY F UNION I1 OF EPARTMENI"OF E?` VIRONWIEN"" QI;.T LITY ATTFR OF &SSESSMEN"I"WAIVER ORIGHT TO AN PENALTIES AGAINST pion County Grassy Branch W'T1 PFR F1III O NC00858 ADMINISTRATIVE HEARING AND STEP .CATION OF FACTS SE NO. 4'-201 -0074 Having been assessed env] l" penalties totalin 55 .75 for violations) as set torila ire the assessme of Water Resources dated ATrit 11, 2019 the undersigned, desiring to seek reaaaissiean of the civil penal' the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as assessr ent document. The undersigned further understands that all evidence presented in support of remission of this ei penalty must be submitted to the Director of the Division of Water Resources within thirty 30) days of receipt of the noti of assessment. No new evidence in support of a remission request will he allowed after (30) days from the receipt of the notice of assessmgnt. the as a of AIMRFSS SIGNATURE R TI 1 F PHONE 20 ent of"the Division does hereby waive ged in the PERMT NC0085812 ATTACHMENT A Uruon County CASE MJMBER L 2019 0074 FACUTY: Grassy Branch WWTP T VOLATION(S) SAMPLE LOCATION Outfall 001 - Effluent Voaton Report Date Month!Yr Parameter 1 2 2013 1 2019 B 0 5 Day (20 Deg Weekly 0 or eitraton Frequency 1 U 2 19 20 9 0 f in Fecat ME MF8r h445C eekly REGON: Mooresville COUNTY: Union Urut of Umt Cactdated % Over Measure Value Vatue Lmt mcill 15 233 # lo0rr 400 55 3 Vo!abon Type vveekly Average Exceeded 73 843 Weeky Geo net rc Mean F xceedei 1 2013 F aw n andu t or thru 0ont nuous rngd 0 05 0 81 62 3 Manthty Avtagt Exceeded atnttpant Penalty Amount $100 00 $100 0) $250 00 ROY COOPER MICH.AEL 5. REGAN LINDA CULPEPPER e,:tor Certified Mail # 7017 2620 0000 6788 5405 Return Receipt Requested Mr. Andy Neff Union County Department of Public Works 500 North Main Street, Suite 400 Monroe, NC 28112 NOW CAROL A Environmental Quality March 19, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number.: N©V-2019-LV-0184 Permit No. NC0085812 Union County Dear Mr, Neff: A review of the January 2019 Discharge Monitoring Reports (DMR) for the subject facility revealed the violation(s) indicated below: Limit ExceedonceViolation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent Flow, in conduit or thru treatment plant (MGD) 1/31/2019 0.65 0.10 Monthly Average Exceeded 001 Effluent BOD, 5-Day (20 Deg. C) mm 1/12/2019 15 23.30 Weekly Average Exceeded Concentration uent Coliform, Fecal MF, MFC Broth, 1/5/2019 4B0 737 Weekly Average Exceeded 44.5 C (31616) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's Permit. 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 falls to act in accordance with the terms conditions, or requirements of any permit issued pursuant to G.S. 143-2151. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the lO-day period, a civil penalty assessment may be prepared Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future, The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to panned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of the Mooresville Regional Office at 704-663-1699. Sincerely, DocuSkned by: LA44- fl -F161F569A2054A3.. for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Regional office Division of Water Resources, NCDEQ Cc: WQS Regional Office - Enforcement File Compliance/Enforcement Unit - Enforcement File REVIEW RECORD Mooresville Regional Office Facility Name: Grassy Branch WWTP Permit Number: NCOO8 K 12 Report Period, Januarn 2ti'I Prior Assessments: Enforcement Factor: Lfi1 Outfall # autfall Description Waterbody Name Waterbody Classification 001 Effluent to Crooked Creek Crooked Creek C onthly Average Ltmit Violations Sample Location: Outfail 001 - Efuent Violation Date Parameter 113/12019 Flow, in conduo4 or th plant ent Unit of Limit Calculated % Over Frequency Measure Value Value Limit Continuous rngd 0.05 010 62.3 Weekly Average Limit Violations Action Sample Location: OutfaH. 001 - Effluent Violation Unit of Limit Calculated % Over Date Parameter Frequency Measure Value Value Limit 1/ 12/2019 Bop, 5-Day (20 deg_ C) .. Weekly mg/l 15 23 30 55-3 Concentratoon Action 11512019 Califorrn, Fecal MF, MFC Broth, 44,5 C Weekly #1100ml 400 737 54.3 Other Violations/Staff Remarks: Page 1 of 4 .7 di iti w A!! li w Wit.. Date: . Page ¥o* Prior t2-Month Enforcernent History Permit Number: NCOOS5812 Report Period; J,anua v 2019 Limit Violation Sample Location: Outfall 0011 • Effluent Violation Report Date Period Parameter Violation Type NOD NOV 10/6/2018 10-2018 Colifurm, Fecal MF. MFC Broth, 44.5 C 10113/2018 10-2018 Coliform, Fecal ME, MFC Broth. 44-5 C Weekly Geometric Mean Exceeded Weekly Geometric Mean Exreded NOV-2018-LV-0857 NOV-2018-LV-0857 10/2012018 10-2018 Coftorm- Fecal MF- MFC Broth, 44.5 C Weekly Geometric Mean Exceeded NOV-2018-L.V-0857 10/31(2018 10-2018 Ftcw, to conduit or thru treatment plant Monthly Average Exceeded NOV-2018-LV-0857 11/10/2018 11-2018 Caliform, Fecal MF, MFC Broth, 44.5 C Weekly Geometric Mean Exceeded NQV-2019-LV-0022 11/17//2018 11-2018 Coliform, Fecal MF„ MFC Broth, 44,5 C' Weekly Geometric Mean Exceeded NOV-2019-LV-0022 1' 1((30/2018 11-2018 Flow, In conduct or thru treatment plant Monthly Average Exceeded NOV-2019-LV-0022 1/31(2018 1-2018 Flow, an conduit or 1hru treatment plant Monthly Average Exceeded NOV-2018-LV-0424 12/11/2018 12-2018 pH Daily Maximum Excx eded NOV-2019-LV-0104 12115/°2018 12-2018 C-oliforrn, Fecal MF, MFC Broth, 44.5 C Weeky Geometric Mean Exceeded NOV-2019-LV-0104 12122/2018 12-2018 BOD, 5-Day (20 Deg, C') - Concenlration Weekly Average Exceeded NOV-201 9-LV-01 04 12122I2018 12-2018 Co6fomi, Fecal MF, MFC Broth., 44 5 C Weekly Geometnc Mean Exceeded NOV-20 1 9-L V-01 04 12/29/2018 12-2018 Netrogen„ Ammonia Total (as N) - Concentration Weekly Average Exceeded NOV-2019-LV-0104 12L29f2018 12.2018 Co8fdnn, Fecal MF, MFC Broth, 44.50 Weekly Geomelnc Mean Exceeded NOV-2019-LV-0104 12Y3112018 12-2018 Flow, un conduit or thru ent plant Monthly Average Exceeded 12/31(2018 '12-2018 Nitrogen, Ammonaa Total (as N) -- Concentration Monthly Average Exceeded NOV-2019-LV-0104 NOV-2019-LV-0104 12/31/2018 12-2018 C©hfomi, Fecal MF, MFC Monthly Geometric Broth, 44.5 C Mean Exo eded NOV-2019-LV-0104 2£3/2018 2-2018 Nitrogen, Ammonia Total (as N} - Concentration Weekly Average Exceeded NOV--2018-LV-0514 Page 3 of 4 Lunt Violation ple Location utfall 001 A Effluent Vlulatlon Report Date Period Violatian Type NOD NOVCPA 2(312018 22018 Cohfarr- Fecal MF, Broth; 44 5 C Weekly Geornetr%c, Mean Exceeded I0V-20 18-t_ V-a 514 2.28a2018 2 2018 Flcv�, ur ec r du4 or thry Iretrrler t plant lont88y Average Exceeded N(0V-201 8-LV-0514 2.28f2018 2m2018 Colwtorrrt, Fecat MF, MFC Mc rattly ecrr etnc 8rc10:, 445 C Man Exuded 2018 32018 Codato, t eoal MF, MFC Brtat0 44 5 C We kiy {0ecnetr Mean Exceeded NCV 2)18-LV-0514 NUV-2018-LV-0504 3(1712018 32018 80t7 5_ )ay (20 Deg C) - On errtrabon Weekpy Average Ex eded r2018 3 2015 E1C}t 5 t)ay 20 C1eg. t Cor n tration Mcrrathly Average Exce ded QV-201.8 LV 0804 NO 2018 8V 0tv04 1201 Fie vrr, r oandurt; or ttvru treatn errl plant Mr thy Average Exe pde NO 2018 LV•0E104 2018 3-2018 Cclltcrrrr. Fecal 8rch, 44.5 C F, FC 1t2018 3 2018 BODS-Day (20 Ceg. Corry tra1Au MonthBy 0r ometriC Mean Exceeded Nf7V 2018 L'2 0004 ekly Average Exoeedeti NOV 2018 LV•0504 4d1412018 4 2018 BCC, 5 L1a (20 Deg C 0 t.ntral err Weekty Average Nil 2018 1)5 F xrede BCC. 5 Ciay 120 Deg. C3 Ccroerrta"atAorr WrtklyAverag (ACV-2018 1 V- F:d212018;r 2( 8 Cr 1crrrr, ("ecaI MF MSC Broth, 44.5 C Week4y Caordn etrSc Mean Exceeded N(V 2018`LVt 8 Pare 4 of 4 Department of Pubhc Works WateriWastewater Division 4600 Godmirie Road Monroe NC28110 T. 704.289 1434 F 7042897395 www.unioncountync.gov April 1. 2019 Corey Basinger,, Regional Supervisor NCDEO (use same address line as the otherletters') 610 East Center Avenue, Suite 301 Mooresville NC 28115 Dear Mr. Basinger, This letter is in resporise to NOV-2019-LV0184. exceedances experienced at our Grassy Branch WRF The high flow at Grassy Branch WRF was clue to J&I introduction during heavy rains and flash flooding This has pushed the water table to record high leve!s. We continue to address I& issues in this basin as outline beow. 2016 2017(Phase 1) Faw monitor study for Grassy Branch Basin was conducted by Frazier Engineering. Then smaer key areas were identified and monitors were paced for further studies evaluation. In February 2018, the Smithfield Subdivision tie in to the riian trunk line flowing to the Grassy Branch Basin pant was evaluated. Since May 2018 staff has, Repaired 12 manholes with chemical grout Inspected via CCTV over 15000 feet of sewer main and evaluated condition Plug tested outfall in ever rain event Smoke Tested over 21500 feet of sewer pipe Repaired 23 Lateral Connection Installed over 40 Inflow collectors Replaced 8 manhole lids Excavated and repaired 2 manholes CCTV work and flow testing continues in this basin In oLmr previous responses dated 3/12/19 and 1/17/19 we detailed our continuing efforts in reducing the I&I that is entering the Grassy Branch collection system We have also engaged Frazier Engineer n another sequence of flow monitoring to gain a better understanding of where the I&I is occurring.. We intend to continue our efforts finding and addressing i t in the Grassy Branch basn inereiy,- Andrew Neff, PE Water & Wastewater Diviion Director Aubrey L ofton, 'Intenrn f ubiid Works Adrnnistrator Josh Brooks. Asst. Div. [director, Water & Wastewater Bark Parer, P Superintendent I)IVISION OF WAT.FR RESOURCES - CIVIL PENALTY ASESSMENT Violator: Isrriirn Counttir Facility° Name: (rassv Branch WVVTP Permit Number: NC0085812 Count: Union Case Nrunber: LV-2019-0074 ASSESSN1ENT FACTORS 1) The degree and extent of harm to the natural resources of the State, tp the puhlic health, or to priv proI erty resulting from the violation; 2) The duration and gravi Qf ,t.irY C4 3) The effect on g 4) The cost of rectif' ing (he damage; 5) T rut of nroneaved bnonconrph .as cotnrnitted w`illfull't er intcntionalh; 7) The prior record of the °iolator in cornpling or failing to cot Environruental [ Ianagenaent Cournrission has regulatory authori ) The cost to the State of the enforcement procedures. S10t1.75 programs over which the V. Cored Basinger, Regional Sul '%ater t)uahty Regional Operatio Mooresville Regional Office Uivisir;rn of %\'ater Rcsotarees, NCUFQ