WQCS00054_Enforcement_20180309

Certified Mail # 7015 1520 0002 6880 3808
Return Receipt Requested
March 09, 2018
Cindy Coto
Union County
500 N Main St
Ste 918
Monroe, NC 281
SUBJECT: Notice of Violation and .Assessment of Civil Penalty
for Violations of North Carolina General Statute ((1S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00054
Union County
Union County Collectio-n System
Case No. DV-2018-0023
Union County
Dear Ms. Coto:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $370.36 ($250.00 civil penalty ±
$120.36 enforcement costs) against Union County.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Union County. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00054 and G.S.143-215.1(a)(1). The violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, E conclude as a matter of law that Union County violated the terms, conditions or requirements
of Collection System Permit No. WQCS00054 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 who violates the ternts, conditions or requirements of a perrnit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary'
of the Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Union County:
State of North Carolina Environmental Quality Water Resources
6 10 East Center Avenue, Suite 301, Mooresville, NC 2/i 15
7'04-663-16.99

$250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00054 and G.S. 143-215.1(a)
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$250.00 TOTAL CIVIL PENALTY
$120.36 Enforcement Costs
$370,36 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at 6.S.14313-282.1(b), which are:
(1) 'Ile 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 round or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record ofthe violator in complying or failing to comply with programs over which the Environmental
Management COMMiSSiOn has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Sul:arta payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request tbr an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new 'violation(s).
Please submit payment to the attention of:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-161 7

ion 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 ofthe 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 docu.ment, 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:
( ) 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 iolation;
(3) whether the 'violation was inadvertent or a result of an accident;
(4) whether the violator had beenassessed 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 eonsider information that was not part of the
original remission request considered by the Director, Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission,
In order to request remission you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Rg1jan Administrative Hearing, and Stipplation of Facts" form within thirty1,30) days of receipt of this
notice. The Division of Water Resources also requests that vou complete and submit the enclosed "justification for
Remission Request"
Both forms should be submitted. to the following address:
Steen Leis
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 hearing with the Office of Administrative Hearings:
If you. wishto contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of .Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice, A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 500 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) copy and a filing fee (if 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 Ad.ministrative Hearing with all questions regarding_the .filing fee and/or the details of the
tiT1
.The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as 'follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel [phone]
Fax [phone]
One copy of the petition must 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 nu page one of this letter) on the petit
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
dateltime received stamp (not a postmark.), will result in this matter being referred to the AttorneyGeneral'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,
lf 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].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division. of Water Resources, NCDEQ
ATTACHMENTS
(c: WQS Mooresville Regional Office - Enforcement File
PLRCS CompliancelEnforcement Jait - Enforcement File

Case Number: DV-2018-0023
Assessed Party: Union County
Permit No.: WQCS00054
JUSTIFICATION FOR REMISSION REQUEST
County: Union
Amount Assessed: $370.36
Please use this form 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 document. Pursuant to N.C.G.S., § 143B-282.1(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 d.ocurnents, 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.S.. 143B-282.1.(b) were wrongfully applied to the
detriment of the petitioner (the assessment lctors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation e., explain
steps that you took to correct the violation and prevent future occurrences);
(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);
he
(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 (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STD
RIK CAROLIN
1ATTER OF Aa E SMEN f'
PENALTIES ANS
1.tnt County
Union County on tio e n
PERMIT 0 '•1
L)EP R ME T OF EN 1f t f+ M1 iT. L QUALITY
WAIVER OF RIGIIT TO AN
1i.1T't TE IlEARING ANTI
ULATION OF FACTS
CASE NO. DV-2018-0023
Having been assessed ci Fil penalties totaling $3'70.36 for s iol tiott(s}gas set forth in the assessnt.ent document of the Division
ofWater Resources dated March 09, 201 , the undersigned, desirit t see remiss the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the fiicts are as alleged in the
assessment doeurncnt. The undersigned further understands that all evidence presented in support rat remission o1 this cis it
a ttat st be submitted to the Director of the Division ofWater Resources within thirty (30) days of receipt of the notice
nt. No new ea idence in support of a remission request will be allowed after (0) days front the receipt of the
notice of assessrrrent:
LIRE S
;NAP.
EPW )NI:

PERM
FACI
T : WQCS00054
0
Union County o tection Sy
th+ r Viola i on
NCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
ATTACHMENT A
Union County
CA E NUMBER: EN-2018-0023
REGION: Mooresvtlle
COUNTY: Union
VIOLATION DESCRIPTION
01 0010 1/13/ 018 CSO/SSO(Sewer O erl eu } Discharge without valid permit
TOTAI. VOLUME PENALTY
(GALLONS)
AMOUNT

201800109 1/23/2018
Public Works
500 North Main Street
Suite # 600
Monroe, NC 28112
T. 704-296-4210
www.unioncountync,gov
February 28, 2018
Mr. W, Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresville. NC 28115
Subject: Notice of Violation & Intent to Issue Civil Penalty
Tracking #: NOV-2018-DV-0058
Sanitary Sewer Overflows — January 2017
Collection System Permit — WQCS00054
Union County
Dear Mr, Basinger:
Union County has received the NOV referenced above for a collection system overflow.
Explanations of the overflow were on the BIMS Overflow Reporting Forms submitted by Union
County Public Works (UCPW) to the NCDEQ. However, we have added a few additional facts
in the explanations below`.
Incident # Date Location Response
Union County Public Works has underwent a comprehensive Master
Plan (Black & Veatch) and 'improvements strategy in efforts to better
identify areas of 'improvement within the Crooked Creek basin.
Efforts such as smoke testing, manhole inspections, flow monitoring
studies (CDMSmith/Hlydrostructures and Frazier Engineering) to
identify areas of inflow and infiltration, capacity assessments of the
CCWRF and associated lift stations, lift station assessments to
identify aging infrastructure, among others,
4004 Sardis Church
Road(Across from CCWRF) As a result of these studies, UCPW has developed a CIP plan to
address certain areas of concern.
• CCWRF is undergoing a significant plant upgrade which
includes new headworks, a 3MG Eta basin, and process
improvement. Total cost is $7.775M includes building a new
10,3 MGD influent PS, new headworks containing new bar
screens, compactor, and grit removalidewatering, 3MG EQ
basin, and relocation of 1200' of 18" gravity sewer.

D i ih is the design engineer. MB Kahn is the general
contractor.
Il tlow studies have been conducted by CDMSrnith
(Hydrostructures) and Frazier Eng. These studies have
narrowed the basin into concentrated ted sub -basins to target
i&I reduction,
The resulting investigations determined a point repair list
which was bid twice —no bids reed the first time then one
bid at double the market rate for this type of work reed the
second time, As a result, a REP is being developed for
contractor selection using a unit price methodology at this
time. If successfully procured, this contract will be used to
address i&I repairs at critical areas throughout the county
UCPW has an aggressive Capital Improvement Program throughout the next 5 years. The
projects Include:
Crooked Creek Basin Improvements - 2 , 59,92 .00
Crooked Creek Interceptor Improvements Ph. 1 - 9,915,500.00
Suburban Estates PS and FM - 1,000,000,00
Waxhaw Interceptor'— 3,200,000.00
PS Improvements - 3 600,0 0.00
Collection System SSES & Rehab — $2,080,000 (not Including 05k annually in
Operations)
PS Upgrades - $300,000 annually
U 'W's current CIF" projects are also ongoing with projects including:
Waxhaw Sewer Improvements - $295,000,00
Blythe Creek Sewer Improvements -$3,083,200,00
Forest Park PS Replacement & Interceptor Improvements
Crooked Creek I I Study & Remediation , 38.300.00
Suburban Estates PS replacement- 00 .000.00
3,50,00000

Union County Public Works continues to invest funds into SSES work, capital improvements,
maintenance and operations to improve the wastewater collection system, Please see attached
information for further details regarding the CCWRF Improvements as well as the CIP projects
listed above, If you have any questions, please feel free to contact Josh Brooks,
Superintendent/ ORC at 704-289-3274 or myself at 704-296-4215,
Thank you for your consideration on this issue,
Sincerely,
Andrew Neff, PE
Water/Wastewater Division Director
cc: Edward Goscicki, PE, PW Executive Director
Josh Brooks, Superintendent
3

CERTIFIED MAIL: 7015 1520 0002 6880 3723
RETURN RECEIPT REQUESTED
Cindy Coto
Union County
500 N Main St
Ste 918
Monroe, NC 28112
SUBjEci
February 22, 2018
NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0058
Sanitary Sewer Overflows - January 2018
Collection System Permit No. WQCS00054
Union County Collection System
Union County
Dear Ms. Coto:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Union County. The Division's Mooresville Regional Office concludes that the Union County violated Permit Condition
I (2) of Permit No. WQCS00054 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 SSO constituted making an
outlet to waters of the State for 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 Union County an opportunity to provide evidence and justification
as to why the Union County 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
201800109 1/23/2018 160 4004 Sardis Church Rd Inflow and Infiltration 8,000 8,000 Notice of Intent
This Notice of Violation / Notice of Intent to Enforce (NOWNOI) 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 North Carolina ] Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC '28115
704-6.63-1699.

This office re:1u ts that you res. i rid 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 ail 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 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 noncompliance.
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 ion.snider@ncdentegov.
Sincerely,
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 Carolinil j Environmental Quality.1 \Vater Resources
610 East Center Avenue, Suite 30I, Mooresville, NC 2S I 1,5"
704.663-1699

Violator:
Case #:
NCDEQ - Division of Water Resources
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
Assessor: , 0)1Z-de—I BA-S
SO Date:
Incident #:
ASSESSMENT FACTORS G.S. 14 -282.1(b
1. Harm:
2. Duration and Gravity of the Violation
Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7 Prior record of failing to comply with
Sanitary Sewer Overflows:
. Enforcement Costs:
PENALTY AMOUNT:
Comments:
Date:
404?
-75 67,