WQCS00054_Regional Office Historical File Pre 2018 (5)

ROY COOPER
Governor
MICHAEL S. REGAN
seer ary
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2328 4617
Return Receipt Rettuested
Mark Watson, County Manager
Union County
500 N Main St.
Ste 918
Monroe, NC
SUBJECT:
2811—
NORTH CAR©t,INA
Environmental Quality
November 05, 2020
Notice of Violation and Assessment of Civil Pena
for Violations of North Carolina General Statute (
and Collection System Permit No. WQCS00054
Union County
Union County Collection System
Case No. DV-2020-0152
Union County
Dear Mr. Watson:
S.) 143 215.1ia)(6,,
This letter transmits a Notice of Violation and assessment of civil penaltyin the nou,nt of 378.16
S 128.16 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 requ'irern.ents
found in Collection System Permit No. WQCS00054 and G.S. 143-215,1(a)(1). The violations) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Union County violated the terms, conditions or requirements
of Collection System. Permit No. WQCS00054 and G.S. 143-21 1(a)(1) in the manner and extent shown in Attachment A.
1n 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).
'C44 -;t6ss
250.00 civil penalty +
.5oa tze s
v6e., Mert* Gas to ZE115

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:
$250.00 For 1 of the 1 violations of Collection System Permit No. WQCS00054 and G.S. 143-21.5.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$250,0) TOTAL CIVIL PENALTY
$128.16 Enforcement Costs
$378.:16 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. 143B-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 privatepri'ate property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity Of qu.ality or on air quality;
(4) The cost of rectifying the darnage;
(5) The amount ofmoney savedby noncompliance;
(6) 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 cost to the State of the .enforcement procedures,
Within thirty (30) days of receipt of :his notice, you must do one of the following:
(1) Submit payment of the penalty, 01#:
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Opti©n 1; Submit payment of the penalty;
Payment should be made directly to the order of the Department of Environmental Quality (do not include H.,diver
form). Payment ofthe penalty will not foreclose :further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617: Mail Service Center
Raleigh, North Carolina 27699-161'7

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 lirnited 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 shallbe 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 darnage 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 retraining 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 Pen.alties.,
Waiver of Right to an Administrative Hearin and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division f Water Resources also requests that you complete and submit the enclosed "justification for
Remission Request"
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7
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 hearinE with the Office of AdministrativeHearings:
If you wish to contest any statement in the attached assessment document you must flle 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 tiled
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 fil.i.ng fee (if a tiling 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 of the petition must also be served on D.EQ 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 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 Michael Meil.inger with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
PERCS Compliance/Enforcement 1..Jnit - Enforcement File

Case Number: DV-2020-0152
Assessed Party: Union County
Permit No.: WQCS000.54
JUSTIFICATION FOR REMISSION REQUEST
County: Union.
Amount Assessed: $ 378.16
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.C.S. 143B-282.1(1 ) 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 fia ire 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);
(d) the violator had not been
(e) payment of the civil penalty
how payment of the civil penalty
compliance),
EXPLANATION:
sled civil penalties for any previous violations;
vill prevent payment for the remaining necessary remedial actions (Le,, explain
i11 prevent you from performing the activities necessary to achieve

STATE OF NORTH CAROLINA 1 EPx R I TENT OF EN I .O ME TALQUALITY
'IW1TY OF UNION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Colon County
Union County Collection System:
PERMIT NOi WQCS00054
WAIVER I T TO AN
ADMINIST ME HEARINGAND
STIPULATION OF FATS
CASE NO, DV- 0 -ti1
Hawing been assessed civil penalties totaling $378.16 for violations) s set forth in the assessment document of the Iivisiora
of Water Resources dated November 05 2020, the undersigned, desiring to seek remission of the civil penalty, does hereby
wave the right to an administrative hearing in the above--statedmatter' and does stipulate that the facts are as alleged in the
assessment documnt. 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
of assessment. No new evidence in support ofa remission request will be allowed ari. 30) days from the receipt of the
notice of assessment.
This the
day of 20
ADDRESS
TELEPHONE
SlCiNATURE

ATTACHMENTA
Union County
CASE NUMBER: -,-1
52
PER IT NO: WQCS00054
FACILITY: Union County Coll ti0n System
Violations
INCIDENT VIOLATIONVIOLATIONNDESCRIPTION
l DATEVIOLATION TYPE
202002224 )02224 7 2412020 i S S ._
REGION:or wt11e
COUNTY: Union
Discharge without valid pernt .r
TOTAL VOLUME PENALTY
(GALLONS) U
NT
3,150 $250,00

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
D ector
Certified Mail # 7018 3090 0001 2328 4617
Return Receipt Requested
Mark Watson, County Manager
Union County
500 N Main St
Ste 918
Monroe, NC 28112
SUBJECT:
NORTH CAROLINA
Environmental Cbtality
November 05, 2020
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. WQCS00054
Union County
Union County Collection System
Case No. DV-2020-0152
Union County
Dear Mr. Watson:
This letter transmits a Notice of Violation and assessment of civil penally in the amount of $378m16 ($250.00 civil penalty +
$128.16 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. 143-21 .5.1(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. 1.43-215.1(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).

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:
$:250,00 For 1 of the 1. violations of Collection System Permit No. WQCS00054 and G.S, 1.43-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
$250.00
$128.16
$378;16
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to Ci.S.143-215,6.A.(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 U.S, 14313-282.1(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;
(3) 1he effect on ground or surface water quantityor quality or on air quality;
(4) The cost of rectifying the damage:
(5) The amount ofmoney saved by noncompliance;
(6) 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 cost to the State of the enforcement procedures.
Within thirty (30) days ofreceipt of this notice, you must do one of the following:
(1)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
Submit a written request for an administrative hearing
Option I: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
Ibrin).„Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

7Ption 2: Submit a written request for remission or mitigation including a detailed justification for such
:request:
Please he 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 accompaniedby a waiver of your right to an administrative hearing and a stipulation and
agreernent that no factual or legal issues are in dispute. Pease 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(h) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated. continuing environmentaldamage, 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 remissionmust 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 payinent, a d
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 cornplete and
thorough statement in support of your request for remission.
o rec ues • u •u co .ete and submit the enclosed "Request for .Remission of Civil Penalties,
Waiver of Right to an Administrative Ilearing, and Stipulation of Facts" -form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you completeand submit the enclosed "justification for
.Remission Request."
In ordc
Both forms should be submitted to the following address:
Attn: PERCS .Branch
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 Marinas:
lf 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 filin ee 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 of the petition must also he 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 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 tins 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 Michael Meilinger with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at [e-mail].
Sincerely.
DocuSigned by:
Al 4CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement File

Case Number: DV-2020-0152
Assessed Party: Union County
Permit No.: WQCS00054
JUSTIFICATION FOR REMISSION REQUEST
County: Union
Amount Assessed: $378.16
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 qf 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 civilpenalty assessment document Pursuant to N.CGS § 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„ 14311-282.1(b) were wrongfully applied to the
detriment of the petitioner the assessment factors are listed in the civil penalty assessment document);
(h) the violator promptly abated continuing environmental damage resulting from the violation r.e., explain the
steps that you took to correct the violation and preventliiture 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 160,-
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment ofthe civil penalty will prevent payment for the remaining .necessary remedial actions (Le., explain
how payment of the civil penalty will prevent ,you per/arming the activities necessaly to achieve
compliance).
EXPLANATION:

STATE OF NOR CAROLINA DEPART EN f OF ENV IRONM NTAL QUA1.y1TY
COUNTY OF UNION
IN THE t"[T[R Of ASSESSMENT
OF CIVIL PENALTIES AGAINST
Union County
Union County Collection System
PERMIT NO, WQCS00054
WAIVER OF RIGHT TO AN
ADMINISTRATIVE II'ARINAN
'MUTATION OF FACTS
CASE N :DV-2020-0152
ving been assessed civil penalties totaling, $378,16 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated November 05. 2020, the undersigned, desiring to seek ren ission of the civil penalty, does hereby
ve the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
sessnient 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
ot`assessment No new evidence in support ofa remission request will be allowed after (0) days from the receipt of the
notice of assessment;
This the day of , 20
ADDRESS
SI NA TIRE
TELEPHONE

ATTACHMENT
Union County
CASE V-2 2 -01 2
PERMITWOCS00054
FACILITY: Union County Collection System
Other Violations
INCIDENT VIOLATION
NUMBER 'T VIOLATION "TYPE
202002224 7/24/2020 S /SS (S wer Overflow)
REGION:Mooresville
COUNTY: Union
VIOLATION DESCRIPTION
Discharge without valid permit
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
150 25 0

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If YES, enter delivery address beow 0 No
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SSO EVALUATION ROUTING SLIP
NtVNOI
PERMtTTEE:
TONY:
CHA
AND
COREY

DIVISION OF TER RESOURCES,- CIVIL PENALTY ASS
Violator: Union,County
Facility Name: Union County Collection. System
Permit Number: WQCS00054
County: Union
Case Number: DV-2020-0152
ASSESSMENT FACTORS
SS EN
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; None documented. However, the unpermitted discharge of untreated
wastewater has the potential to adversely impact natural resources.
2) The duration and gravity of the violation; as documented in Attachment A
3) The effect on ground or surface water quantity or quality or on air quality;
None documented. However, the unpermitted discharge of untreated wastewaterhas the potential to adversely
impact natural resources.
4) The cost of rectifying the damage; Unknown
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; not suspected to be willful or intentional.
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 Prior SSOs reported and assessed.
8) The cost to the State of the enforcement procedures.
S128.16
11/5/2020
Date
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ