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HomeMy WebLinkAboutWQCS00054_Regional Office Historical File Pre 2018 (6)ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dirttctof Certified. Mai. urn Ree 7018 3090 0001 2328 4617 Rettuested Mark Watson, Coun Union County, 500 N Main St. Ste 918 Monroe, NC SUBJECT: 2811.2 a NORTH CARO NA Envtronmentai Qualify November 05, 2020 Notice of Violation and .Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143r215.1(a)6) and Collection System Permit No. WQCS000S4 Union County Union County Collection System Case No. DV-2020-0140 Union County Dear Mr. Watson: This letter transmit s a Notice of Violation and assessment of civil penalty in the amount of $378.16 ($250.00 civil penalty + $6 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 violations) 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 requtrencents of Collection System Permit No. WQCS000S4 and G.S. 143�-'215 l (a)(1) in the manner andextent be. asshown in nagainst Attachment A. In accordance with the maximums established by G.S. 143-215 6A(a)(2) penalty may ny person who violates the tennis, conditions or requirements of a permit required by G.S.. 143-215.1(a). Norte „..lr',}`It:+3 Cma nfr.rt at Er,+a.;M1ts,, "v�6.:t `' °.. :. f 3t3^1 .3a�tlC*3 kl �r1S ,. 4,0w 2ff 1 EIS East 2e,ter <4vt ,S titS"v1 ›vesv..;a.rt;Cs, r,.:7+.r28115 Based upon the above findings of fact and conclusions °flaw, 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: 1,250.00 For I. of the 4 violations of Collection Sy -stem Permit No. WQCS00054 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. t_750J)0 TOTAL CIVIL PENALTY $1.28.1.6 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 accountthe Findings of Fact and Conclusions of La s,v ,and the factors set forth at (i,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 private property resulting from the violation; The duration and gravity of the violation: (3) The effect on ground 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; (b) 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 this notice, you must do one .. the 1) • in -7: (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 li.).1-711). 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 Piilir 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 he considered: (1) whether one or more of the civil penalty assessment factors —in NCGS 1:43B-282,1(h) 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, l'he Director of the Division, of Water Resources will review your evidence and infonn 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 die.,enclosed "Request for„Remission of Civil Penalties:. Waiver of Ri,ht_to an Administrative Flexing, 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 endosed "Jus '`Ication,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 7699117 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 wish to contest any statement in the attached assessment document you must tile 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, 'Hie petition may be filed by facsimile (fax) or electronic mail byan attached tile (with restrictions) - provided the signed original, one (1) copy and a filing tee (if a filing fee is required by NCGS §15013-23,2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of .A.d.ministrative Hearings with. alFAuestions re9ardingthe 'filin fee andior 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: (91.))431-3000 Fax: (919)431-3100 One ( I) 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 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 dateltime 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 he 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 Mellinger with the Division of Water Resources staff ofthe Mooresville Regional Office at (704) 235-2'183 or via email at michae.1„mei1ineer@ncdenr:gov. Sincerely, DocuSigned by: A14CC681AF27425.., W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Offi.ee Division of Water Resources, NCDEQ ATLilkCHMENTS Cc: WQS Mooresville Regional Office - .Enforcement File PERCS Compliance/Enforcement Unit - Enforcement File Case Number: DV-2020-0140 Assessed Party: Union County Permit No.: WQCS00054 JUS' IFI:CATION FOR RE I ISSION RE U Co Anion Amount Assessed: a78l6 Please use this form when requesting remission. of this civil. penalty... You form must request co pletesh "Requeste Forvil Remission,. fission,. Waiver of Right to an Administrative Hearing, and Stipulation f y. You should attach any documents that you believe support your request est for rd assiec ssa necessary toeconsideration.iof consider fine evaluating your request for remission. Please be aware that a q factors listed below as they may relate to the reasonableness of theleam violaof tion(s) occurred civil pethe penalty ycassessracy dl�f aRequestingf factual rernissiort is not the proper procedure for contest►ng whet statements contained in the civil penalty assessment document. Pursuant sfactor©apply,).S. Please check each factor that you § 143B-282.1(c), remission of a civil penalty .may be granted only when one or more of the following 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 143'B 282.1(b) were wrong .illy applied to the detriment of the petitioner (the assessment factors are listed in the ci •il penalty assessment (locument); (b) the violator promptly a.hated continuing environmental damage resulting front the violation steps that you took to correct the rjn and preventlitture occurrences) in why the viola tlOfl &vas unavoidable or (c) the violation was inadvertent or a result of an accident something you could not prevent or prepare fory,- (d) the `violator had not been assessed civil penalties for any previous violatto'ns; (e) payment of the civic penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment iirf the civil penalty'will prevent you liom ming the activities necessary to achieve c.ompliance,i. NATION: exalain the STATE OF NORTH CARONA DEPARTMENT F LI FIREIRO I M I AL t?Li< LTT ' COUNTY OF LEMON THE l "I" I' R 0III'ASSESSMENT (. [WELL 11 N L'Ft TS AGAINST imoo County Union County Collec ion System FERMET NO, \ADCSc 005 A ER OF RIGHT TO AN MIiITTIVE HEARING. STIPULATION OF FACTS CASE NO.V-2020-0140 Having been assessed civil penalties totaling RDA 16 for violationD sed, frrrtlr ira the assessment document ref the ON n. of Water Resources datedNovember 05, 2020, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an adnrir°ristrativ^e he its. in the above -stated matter and does stipulate that the facts are , alleged in the assessrnent document. 'The undersigned further understands that all evideme presented in support of remission ion of this civil penalty rust be submitted to the Director of the Division of Water Resources within thirty (0) days of receipt of the notice of assessment. No new evidence in srtpp rt of a remission request will be allowed after i d days from m the receiptof the notice of assessment This the day of f AIDRESS TlsRI PER IT ATTACH Union County CASE NUMBER: DV-2020-0140 FACILITY: Unitn Countyt fleet on Sys Violations INCIDENT VIOLATION NUM r-ER DATEVIOLATION TYPE.. .._. 3/23/2/2020 CSOISSO(Sewer Overflow) 202000847 —2_- 202000869 20 / 12020 CSO/SSO(Sewer Overflow) Discharge without valid permit 201 0 1077 3/ 51 0. 0 SS0(Se -r Overflow) Discharge without valid permit VIOLATION 1 TI N Discharge without valid perm) 2020 O, (ewer Overflow) Discharge without valid permit REGION:Mooresville COUNTY: Union TOTAL VOLUME (GALLONS) aeo 1,800 1,500 6,750 PENALTY AMOUNT 00 00 50 $250 0 ROY COOPER Covonar MICHAEL S. REGAN secretary S. DANIEL SMITH reinertor 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 NORTH CAROLINA EnrCraturiental Quality November 05, 2020 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North, Carolina General Statute (G.S.) 143-215 and Collection System Permit No. WQCS00054 Union County Union County Collection System Case No. DV-2020-0140 Union, County Dear Mr. Watson: 'a)(6) This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $378,16 ($250,00 civil penalty 4- $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. 143-215.1(a)(1). The violation(s) 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. 143-215.1(a)(1) in the rnanner and extent shown in Attachment A. In accordance with the maximums established by Ci.S.143-21„5.6A(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). Ncrrth Ca. appsroncrtt of EnNwoomoolai, qoloItoy 0so" of Wow Fiesowooto VooTilla,* klkOra Officio Eirst Cooler kvoroio, Sivot 3-01 1Moog oviii4o, tioetO Cio'fokoi 28115 704-663-1699 Based upon the above .findings of fact and conclusions of law, and in accordance with authority provided by the Secretary ofthe 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 j. of the 4 violations of Collection System Permit No. WQCS000S4 and G.S. 143-2.15.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $250.00 $128.16 i378.1.6 TOTAL CIVIL PENALTY Enforcement Costs 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 private property resulting from the violation; (2) "The duration and gravity of the violation; (3) 'Ihe effect on ground or surface water quantity or quality or on air quail (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 of the violator in complying or failing to comply with programs over which the Enironmenta 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) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) 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 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: PER.CS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-161'7 mita written request for remission or mitigation including a detailed justification for such PPFPF°PthIn 2: Sub 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 i.n NC_CiS 143B-282.1.(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environm.entaldamage resulting from the violation: (3) whether theviolation 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 he 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 requestremission, you must complete and submit the enclosed "Request far Remission of Civil Penalties, Waiver of Right to an Administrative .1-fearing, and Stipulation of Facts" form within thirty da s o-f ecei of this . once, The .Division of Water Resources urcejoreuests!ht0UCOflUlCtC and submit the enclosed "Justiticatir Remission_RequesL' 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 Fast Center Avenue, Suite 301 Suite 30EMooresville, NC 28115 Option 3: File a petition for an administrative hearing with the Office of Administrative marinas: 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 tee (if a filing fee is required by 'NCGS §1.50B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following, the faxed or electronic tran.smission. 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: (919)431-3000 Fax: (919)431-31.00 One copy of the petition must also be served on DLQ as fol lows: 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 vithin 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 .Attorne) 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 M.eiling.er with the Division of Water Resources staff of the Mooresvihle Regional Office at (704)235-21.83 or via email at michael..meilinger@ncdenr,gov. 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 Unit - Enforcement File Case Number: DV-2020-0140 Assessed Party: Union County Permit No.: WQCS000S4 JUSTIFICATION FOR REMISSION REQUEST County: Union Amount Assessed: $378.16 Please use this form lien 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 he aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness ofthe 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 document. Pursuant to N.C.G.S. § 143B-282,1(e), remiss -ion 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. 1.43B-282.1(b) were wrongfully applied to the detriment of the petitioner The assessment s are listed in the civil penalty assessment document); (b) the violator promptlyabated continuing environmental damage resulting. from the violation e,„ explain the steps that you took to correct the violation and preventfuture occurrences); (c) the violation was inadvertent or a result of an accident 1.e., explain why the violation was unavoidahle 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 explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance), EXPLANATION: STATE OF NORTII CAROLINA DEPARTMENT OF ENVIRONMENTAL, UAL LEY COUNTY OF UNION IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST Union County Union County Collection System PERMIT Na WQ(S00054 ) ) ) WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2020-0140 Having been assessed civil penalties totaling I378.16 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 remission of the civil penaiwt 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 remission of this civil penalty n ust 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 of a remission request will be allowed after (30) days from the receipt of the notice of assessment This the dm, of 20 ADDRESS -^ m SIGNA CURE TELEPI IONE ATTACHMENT Union County CASE R: -2 20-01 0 PERMIT ITWOCS00054 FACILITY: Union County Collection System her Vi lotions INCIDENT VIOLATION" NUMBER 202000847 DATE VIOLATION TYPE REGION: Mooresville COUNTY: Union VIOLATION DESCRIPTION 312/2020 C Of t0(Sew er Overflew) 202t 00869 2020 OO// (9ew erOverflow) Discharge without valid permit Discharge without valid permit TOTAL VOLUPENALTY AMOUNT 860 0.00 (GALLONS) 1,800 50 00 202000889 (8P2020 DSO/ O(ewer Overflow) Discharge without valid permit 1,500 202001077 3/25/2020 1 D(ewer Overflow) Discharge without valid permit 6,750 0 250.00 11.S. Post i Se vice' CERTIFIED MAIL® RECEIPT Domestic Fall Only sc a NORTH OiNRO1 NC 281, I VATSON, CO. MANAG /12/2020 otl April 4PL TE T'H1S SECTION • Complete star 1, ,. and 3. ■ Print your name and address on the reverse so that 'we -can return the card to you. • Attach this card to the back of the mailpuece, or on the front If space permits. 1, Article Addressed to: ONION CC U N Y %O) \O t = MA,2 S I li' T MONKS', Oz,t1,12 A' I n, -.r.t;t ,, WATSON, C., loom iIiiIiIiiII :°2C aim 1111 9590 9402 5027 9063 9612 28 1,8 3090 0001 2328 461? °LET ' THIS SECTION O? DE VERY d Y by tl r?rr�f N rrrel . D 0 slivery address below: U No 7,DEellRJ W'- Addressee of Delivery' 2 201 Restricted Delivery ytricted Delivery Restricted Delivery ad Derivery AL, urn o Priority Mall Expresso 0 Registered Mary o Registered Mah Restricted lc,Delivery Return Receipt for chandisa El SIgnature Conf6nnationr" 0 Signature Confirmation testricted DeRvery 3811, July 2015 PSN 7530-02-000-9053 lecelpt + z Z 0 0 0 DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: Union County Facility Name: Union County Collection System Permit Number: WQCS00054 County: Union Case Number: DV-2020-0140 ASSESSMENT FACTORS 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 wastewater has 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. $128.1.6 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