WQCS00054_Enforcement_20180810

ROY COOPER
cr,1ra or
MICHAEL S. RAN
LIN A CULPEPPER
Dirertor
Mark Watscon, County ltrlaiaager
Union County
500 l I Main St
Ste 918
rime, N(•2 112
Subject.
NQR[1.1CAROL!11
Environ enud Quality
+
April 05, 2019
Payment Acknowledgement ledgement for Civil Penalty Assess
Union County Collection System
County Union
Permit 'G QCS0015
Case No, V-2::' -t 05
Hear Mr. Watson,:
This letter is to acknowledge receipt o1 Check No. 00481451 in the amount of $627.26 received from you dated
121 2 1 ; This payment satisfies in fill the civil assessment levied against the subject facility and 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 permits.
If you have any questions, please call Wren T'laedford at 1 - t 7 ..
ec l nfor ernent File # DV-2018-0059
Mooresville Regional {office Supervisor
7
Wren n Thedforr
Achninistrative Ass
Water Quality Penn g Section
Dadartmoat of Envir atrrx�
Eag
tesbn
r Ave- ie 303 { I' �rry

Certified Mail # 7016 1370 0000 2595 6927
Return Receipt Requested
August 10, 2018
Cindy Coto
Union County
500 N Main St
Ste 918
Monroe, NC 28112
SUBJECT: Notice of Violation and Assessrnent of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00054
Union County
Union County Collection System
Case No. DV-2018-0059
Union County
Dear Ms. Coto:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $627.26 ($500.00 civil penalty +
$127.26 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, I 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 terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
North Carolina Department of Enviranrriental Quality 1 Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

'r4
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:
$590.00 For 2 of the 3 violations of Collection System Permit No. WQCS00054 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$500.00 TOTAL CIVIL PENALTY
$127.26 Enforcement Costs
$627,26 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215,6A(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. I43B-282.1(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;
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 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 cost to the State of the enforcement procedures.
(3)
(4)
(5)
(6)
(7)
(8)
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 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 27699-1617

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
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 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 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 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 order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
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 : File a petition for an administrative hearing with the Office of Administrative Hearitias:
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 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 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 Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
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 (1) copy ofthe petition must also be served on DEQ as foliows:
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 lon.snider nedenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACIhMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement File

Case Number: DV-2018-0059
Assessed Party: Union County
Permit No.: WQCS00054
JUSTIFICATION FOR MISSION REQUEST
County: Union
Amount Assessed: $627.26
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 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.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i,e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident(Le., 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 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:

STATE OF NORTH CAROT.,INA DEPARTMENT ENVIRONMENTALQUALITY
COUNTY T UNION
IN 1 HE MXTTER OF ASSESSMENT
NT
OF CIVIL PENALTIES AGAINST
Union County
Cnion County Collection System
PERMIT Na WOCS000541
WAIVER OF RIGHT TO AN
ADM1 STRNTIVE. HE 1G D
STIPULATION OF FACTS
CASE NO. DV 01 -ll59
Having been assessed civil penalties totaling 627,20 for violation{ ) ass set forth in the assessment document of the Division'
of Water Resources dated August 1 ,_, 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 of remissionn 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
of assessment. No new evidence in support ofa remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the day of
ADDRESS
SKJ ATT
20
T THONE

ATTACHMENT A
Union County
CASE NUMBER: DV-2018-0058
PERMIT NO: kiVQCS00054
FACILITY: Union County Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
REGION: Mooresville
COUNTY: Union
VIOLATION DESCRIPTION
20180,0735 5/16/2018 CSO/SSO(Sewer Overflow) Discharge without valid permit
TOTAL VOLUME PENALTY
(GALLONS)
12,200
AMOUNT
$250 00
2018
$;
10 5/25/2018 CSOISSO(Sewer Overflow) Discharge without valid permit
201800823 5/29/2018 CSOISSO(Sewer Overflow) Discharge without valid permit
400
8100
$0 00

Public Works
500 North Main Street
Suite # 600
Monroe, NC 28112
T. 704-296-4210
www.unioncountync,gov
July 2, 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-0184
Sanitary Sewer Overflows — May 2018.
Collection System Permit — WQCS00054
Union County
Dear Mr. Basinger:
Union County has received the NOV referenced above for collection system overflows.
Explanations of the overflows 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
201800735 5/16/2018 4004 Sardis Church
201800823 5/29/2018 Road(Across from CCWRF)
The SSO is a result of heavy rain impacting our collection system
causing the WRF lift station and associated collection system to
become overwhelmed. The pumps at the CCWRF influent lift station
were running at max capacity, however with the rainfall and I&I the
collection system upstream was surcharged. Once the rain and
flooding receded, the collection system recovered shortly thereafter,
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 (CDM Smith/Hydrostructures and Frazier Engineering) to
identify areas of inflow and infiltration, capacity assessments of the
CCWRF and associated lift stations, and lift station assessments to
identify aging infrastructure, among others,

Aoaresult ofthese Studies, UCPVVhas developed aC|Pplan tn
address certain areas mfconcern.
� CCVVRF is undergoing a significant plant upgrade which
includes new heodworkn.a3k8GEQbasin, and process
improvement, Total cost is$7775K8that includes
constructing anew 1U3K4GQinfluent PS, new heedworkn
containing new bar screens, compactor, and grit
removm|k1ewater|ng. 3MG EQ banin, and relocation of12O0'
of18~gravity sewer. CDNYSmith iothe design engineer.
MBKahn inthe general contractor,
o Partial Substantial Completion of the plant
upgrades was issued onJune 27 2018
" 3 MG EO basin is online
• New in -plant lift station is online
= Hoadworkxincluding new bar screens,
compactor, and grit removal, is online
o The relocation of12OO'of18^gravity sewer io
scheduled (obegin September 2018with
completion byOctober 2O18�
m |8|flow studies have been conducted hyCDMSmith
(Hydros1mc<uron) and Frazier Eng. These Studies have
narrowed the basin into concentrated sub -basins totarget
|&| reduction, The resulting investigations determined a
point repair list ofthe system.
o 581/2018 RFpfor |&| Sewer Repair and Rehab
Services was issued.
m 6/21/2018 UCPVVreceived and reviewed
proposals from two firms (Bionomicxand AM -
Liner)
o 6/28/2018 UCPVViacurrently incontract
negotiation with AM -Liner with anotice Voproceed
\obeissued soon.
[naddition tothe information provided above, the event that occurred onMay 3S.2O18(incident
#2O18OO23)resulted from large amounts ofrain during a Severe Natural Condition, The severe
natural condition was ratified by an issuance OfExecutive Order No. 44 declaring Union County,
MCinaState ofEmergency byGov. Roy Cooper.
UCPWhas onaggressive Capital Improvement ProonannUlnoughOutthe next 5years. The
projects include,
� Crooked Creek, Basin Improvements -824.259.822.00
�+ Crooked Creek Interceptor |n1p[Oven1eDtG Ph, 1 -$S.915.5QO0O
�+ Suburban Estates P8and FM-$1.0U0.00O.0O
VVoxhaw Interceptor —].2OQ.O0O.00
� VVWPSImprovements $3.800.000D0
)� Collection System S8ES&Rehab —$2.O8Q.QOO(not including $85kannually in
Operations)
�� PSUpgrades -$3OO.O8Qannually

UCPW's current CIP 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 - $2,540,000,00
1,k Crooked Creek l&I Study & Remediation $2,538,300.00
Suburban Estates PS replacement-$933,000 00
Union County Public Works continues to invest funds into SSES work, capital improvements,
maintenance and operations to improve the wastewater collection system, If further information
or details regarding the CCWRF Improvements, as well as, the CIP projects listed above are
required, please feel free to contact Greg Morgan, Superintendent/ORC, at 704-289-3288 or
myself at 704-296-4215,
Thank you for your consideration on this issue.
Sincerely,
Andrew Neff, PE
Water/Wastewater Division Director
cc: Barry Gullet, PE, PW Executive Director
Josh Brooks, Assistant Director, VVateriWastewater Operations
Greg Morgan, Utility Field Services Superintendent/ORC

CERTIFIED MAIL: 7016 1370 0000 2595 6811
RETURN RECEIPT REQUESTED
June 27, 2018
Cindy Coto
Union County
500 N Main St
Ste 918
Monroe, NC 28112
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0184
Sanitary Sewer Overflows - May 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
201800735 5/16/2018 360 4004 Sardis Rd Inflow and Infiltration 12,200
201300810 5/25/2018 40 910 Sharon Drive Debris in Aine, Grease
201800823 5729/2018 405 4004 Sardis Church Rd. Inflow and 8,100
Infiltration, Severe
Natural Condition
12,000 Notice of Intent
400 400 Notice of Violation
8,100 Notice of Intent
State of North Carolina 1 Environmental Quality ! Water. Res!.)urce$
610 East Center Avenue, Suite 301, Mooresville, NC 28115
71)4-663-1699

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.
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 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 7044-663-1699 or via email at lon.snider©ncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681 AF2742.5..r
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 ,at'North Carolina I Fnviionm s ta? ivalit ;'W Ater 12.es
610 East Center Avenue, Suite 301, Mooresville, NC 23 t l5
704-663-1699
tees

Violator:
Case #:
NCDEQ - Division of Water Resources
Water Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penalty Matrix
UN1 Lt4 Cc)uTy Assessor: lefi • eager.
-Dv - eo s-- Date: 1 C 406.17s-r- -Log a
SSO Date:
Incident #:
ASSESSMENT FACTORS G.S. 2. (b)
1. Harm:
2. Duration and Gravity of the Violation
3. 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:
it. A#1 & -rove
r Zcp6 Od 7-3 5
340 04,0e
‘20 air,. 3 a4i.n.:
PA,•-•0_
/414-r Zo1s
Zwnt 39 a z 3
r-r-i
40,S-
180 takilciutl
‘44.,
'k* err.)