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HomeMy WebLinkAboutWQCS00054_Regional Office Historical File Pre 2018 (11)ROY COOPER Gowirsor S. 'REGAN aNE WITH r Certified Mad # 7016 1370 0000 2592 0492 Return Receipt Requested March 06, 2020 MarkWatson, t'otlnty yianager Union County 500 N Main St Ste 918 Monroe, NC 2S 1 12 SUBJECT: Notice of" Violation and =A sessrlletlt of C.ivi1 Penalty for Violations of North Carolina. General Statute (G,S.) 143-21'?,1(a)(6: and Collection System Permit No, WQCS000S4 Union County County Collectiota Sy°stern ta. DV-2020-0036 Dear Mr, Watson: r transtltits a Notice of Vio enforcer nt costs) against Union alty in the amount of,,S376,9 This assessment is based upon the following facts: a review has been conducted nitary S v Report submitted by Union County. "this review has shown the subject to uiity to be in vi in Collection System Permit No. WQCS000S4 and G.S. 143-°215,1(a,l( I ), The violationhat sun ln tarized in Attachment A to this ltat'tet ySSO) iretnents Based upon the above facts. 1 conciiude as a matter of law that Union County v`io'lated the tertrls, conditions or requirement of'C°ollection System Permit No. WQCS00054 and G.S. 143-213. E(0(1) in the manner and - in Attachment A. In accordance with the maximums established by C;,S, 1 a?- 2 'I.5, OA.(a )2), a Civil penalty may be assessed against atn.y° person who violates the terms, conditions or requirements of a permit required by G,S, 143-21 S. I (a). letwat lEgt r sna t goo icy e to Yt OfiucR 4 tko Clots' Avi not$ t $4, 1 A stsw ° 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 asses,sment against. Union County: $250.0(0 Fort of the 1 violations of Collection System Permit No. WQCS00054 and G.S. 143-215.1(a)(1) -for Sanitary Sewer Overflowts) resulting in a discharge without a valid permit. $200 TOTAL CIVIL PENALTY SJ26,93 Enforcement Costs S376.93 'FOTAL AMOUNT DUE Pursuant to G.S. 1.43-215.6A(0, in determining the amount_ of the penalty 1 have taken into account the Findings of net and Conclusions of Law and the factors set forth at G.S. 143B-282.1(h), which are: ( 1) The degree and extent of harm to the natural 'resources or the State. to the public health, or to private property resulting -(rom the violation: (2) The duration and gravity of the violation: (3) The effect on round or surface water quantity or quality or on air cluality, (4) The cost of rectifying the damage, (5) The amount of money sa-ved 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 1 kh Uie Environmental Management Commission has regulatory authority: and. (8) 'Fhe cost to the State of the entbrcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the ) Submit payment of the penalty, OR (2) Submit a written request for 'remission, OR (.3) Submit a written request for an administrative hearing Option Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality(do nnot include waiver form), Payment of the penalty will not foreclose further enforcement action for any continuing or new- violatioNs Please submit payment to the attention of: Attn: PERCS Branch Division of Water Resources 161 NTail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed jusification 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. I 11 determining \vhether a remission request will be approved,. the following factors shall be considered: ( I) whether one or more of the civil penalty assessment factorsin 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 ur 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 writin.g„Fhe 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 .payrnent, 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 retnission request considered by the Director., -Fh.erefore, it is very important that you prepare a complete and thorough statement in support of your request for remission, In order to request remission,_y_ou must complete and 'submit the enclosed "Revest for Remission of Civil Pena -2es Waiver of Right to an .Administrative Hearing, and Stipulation of Facts" formwithin thirty (30) days et receipt of this notice, The Division of Water Resources also requests that von complete, and submit the enclosed "Justification for Remission Request," Both forms should be submitted to the following address: Attm PERCS Branch Division of Water Resources, 161 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 d S: 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 ‘vithin thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of -Administrative flearings 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 he filed by facsimile (fax) or electronic rnail by an attached file (with restrictions) - provided the signed original, one (1) copy and i filing fee (it a tiling fee is required by NCG' §.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 Auestions regarding the filing fee and/or the details of the tiling process, The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mad Service Center Raleigh, NC 27699 6714 Tel: (9)9) 43 I-3000 Fax: (9 9) ,T31 -3 100 One ( it copy of the petition must also be served on DEQ as folios: Mr, William F. Lane. General Counsel Department of Environmental Quality 60 :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 he advised that additional penalties may he assessed for violations that occur after the review period of this assessment. It you have any questions. please contact Michael Mei linger with the Division of Water Resources staff of the Mooresville Regional Office at (910) 796-7336 or via email at michael.meiling(Tii;ncdenr.gov, Sincerel. DocuSigned by: A14CC681AF27425..„ W. Corey Basinger,Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, l'NiCDEQ ATTACHMENTS ( : WQS Mooresville ,Regional Office - Enforcement File PERCS Compliance/Enforcement Unit - Enforcement File Case Number: ©V-2020-0036 Assessed Party: Union County Permit. No.: W'QCS00054 IUSTIFI.CATION FOR REMISSION REQI.F T Cttuuty: Union Amount Assessed: $33 76.93 Please use this t`r, r1T1 when ref this uesting retnrssiort c.�f I rs civil peata9tyr You must also plete the ' Recpdxcaast For Rcrnis W2iv=er° 01 Right to an .1 drrtinistr Ilead Siipuloti You should attach any documents that you „ form to request remission of this cipenalty, support your request and are necessary fcr ttte Director to consider it evaluating your request for remission, Please be aware that a request for remission is limited to consideration of the five ted below as they may relate to the reasonableness ofthe amount of the civil penalty assessed. Requesting e proper procedure for contesting whether the violations) occurred or the accuracy of any of the factual �ntaaned in the civil penalty assessment document, Pursuant to N.C.(.. S. § 143B-282.1(c), remission ofa civil penalt nay be grRarsted only when one or more of the follow°lt g five factors apply. Please check each factor that 'SOLI believe applies to your case and provide a detailed explanatiot ,opies of supporting docume fct+tiarrapplies latt. ch additional pages as needed), one or more rrf`the cavil penrrh assessment fhc.tors in N C.G.S. 143B-282.➢(b) were wron ;frrll applied to the anent of the petitioner ltr$t k,ro,'G:5')tlient f c`t 7P are listed in the penalty ti.ti€':b'.1F32E ni to kC"Ylf'I enr slh lator prompity abated continuing, correct the violation anc payment ofthe civil penalty w / payrn nt of�t'ht c�ivil1 plaexrlc EXPLANATION: tal damage resulting Mr any prev ➢m payment for the remaining necessary pe'for?? e L"ioialit Rt)Itil : , COUNTY ? tJ\1O' 4A1IE .CIFASl;I 1I OJT" I,111 .\:'T • Lett ion C."o ty Union Cunt`;, tic tt )stem I R.MIT \() i' C tttil5 rl l" tl1v'e assessnle Ilenalt " 11iust he sail"111 guts ltceit assessed rri °il penalties tota1in i ¶ 3 6,93 for dated March Alder I1t to an adrtiinistrative hs aririp i drlcrirllitnt. The tinders]*;Heil Imrirtherlit d'tal the Dirt ctr r r1t the t)iyisieiil or Water Re, wrice in ippon of it renlissiorl re nest viE1 oc alloy 1F.PAR I ER OF Rita! ISTRATIV I , 'C RONMI_N 1 AL t I is L11" 10 AN ARING ND 'iO F :FACTS NO. D '-2 20- 03+ Iesirint tt tiu cd matte d1r1 n sion oft r'. ivi piil;.rtc tllttt the tic irted in support of thirty l alll days of d alter 1.30) days frirrn :RF . I)t)RI.." 1. 1I.1_. PhiCllN1:°; nt C1he Divi. does Iiirehy s alleged in the sign all"this civil eipt rgl" le no rriceit t` the ATTACHMENT PERMIT NO: WQCS00054 Union County CASE NUMBER: DV-2020-0036 FACILITY: Union County Collection System Other Violations INCIDENT VIOLATION TI I NUMBER DATE, VIOLATION N TYPE VIOLATION RIPTIOi REGION: Mooresville COUNTY: Union TOTAL VOLUME (GALLONS) ON 2 18p14 0 8128LSSOtS w r Over tlawo Ig s h rge ',without valid permit 6.750 PENALTY AMOUNT $2g 00 CERTIFIED MAIL: 7015 1520 0002 8376 2180 RETURN RECEIPT REQUESTED September 06, 2019 Mark Watson, County Manager Union County 500 N Main St Ste 918 Monroe, NC 28112 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0355 Sanitary Sewer Overflows - August 2019 Collection System Permit No, WQCS00054 Union County Collection System Union County Dear Mr. Watson: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports 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 theft 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 201901354 8/13/2019 15 Behind 5012 Lydgate Debris in line 150 20 No Further Action Dr, 201901430 8/23/2019 -,9(). 4015 Sardis Church Rd. Severe Natural P_-70 Condition 6,750 6,750 Notice of Violation Intent to Enforce 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 Michael Mellinger or me with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at michael.meilinger@ncdenr.gov or core .basin er ncdenr.qov. Sincerely, DocuSigned by: A14CC681AF27425_ 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 4."'attigiiiRONK:ae40:046,01 Union County pte 1842 ber 13. 2019 Mr, W. Corey Basinger Regional Supervisor Water Quality Regional Operatic Mooresville Regional Office 610 East Center Ave., Suite 301 Mooresville, NC 28115 Public Works 500 North Main Street Suite # 600 Monroe, NC 28112 T. 704-296-4210 ion Subject: Notice of Violation & Intent to Issue Civii Penalty Tracking #: NOV-2019-DV-0355 Sanitary Sewer Overflows — August 2019 Collection System Permit -- WQCS000` 4 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 201901354 81113/2019 t�.gs��Zse; The sewer overflow was the result of construthe pipes, The sanitary sewer overflow occuf r d behs,' ;„",E 012 Lydgate Drive out of sc:2'ir",;ary k:s'` er rnar".frnle, he G`v .rf aw began at approximately lasting unlit 11:35 an' on August 13, 2 11 ��, and is esti"t'tat d at 5 gc3'v`Ions. There were no signs leading up to the spill that Wouka a backup was to occur. ation Incident # I at 201901430 8//23/2019 t P !prase: The SSr.` Used ° L ossecr system w 5012 Lydgate Drive Location n w 4015 Sardis Church Road .nutted fiood aine and flash f'l.00t"ltnq, The ClVv",RF.Ther°tewet "vRFEQ g utilized to attenuate peak flows experienced during storm events, however, during construction of the new gravity system an existing 8••inch gravity .main located on the north side of Sardis Church Road was thought to be abandoned and as such was not reconnected to the new gravity system_ This line is connected to a 12-inch Itne; on the south side of Sardis Church Road, however, without the parallel 8-inch iinc available to convey flow the collection system experienceci a severe hydraulic condition, The 8-inch line has been connected to avoid this restriction In the future, Plans are being developed with our CIP team to resolve to improve general hydraulics in this area, Also the Notice of Violation states a duration; of 990 minutes which should be ccirrected to 270 minutes, 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 flow monitoring studies (COMSmith/Hydrostructures 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, As a result of these studies., UCPW has developed a CIP plan to address certain areas of concern, • A significant plant upgrade at the Crooked Creek VRF was completed including new headworks, a 3MG EC..) basin, and process improvements. Total cost is $7,7751til project also included a new 10.3 MOD influent PS, new heaaworks containing new bar screens, compactor, and grit removallriewatering, and relocation of 1200.i of 18gravity sewer, • l&I flow studies have been conducted by CDMSmith/Hydrostructures and Frazier Engineering, These studies have narrowed the basin into concentrated sub -basins to target i&I reduction, The intended approach is a find -fix method to utilize funding efficilently and consistently, The first initial 2017 target area is southwest of CCWRF in the Indian Trail area south of Hwy 74, west to the Union/Mecklenburg county inc This l&I abatement work has been ;cionthieted, Additional areas for 181 abatement are being evaluated. UCPW also has an aggressive Capital Improvement Program throughout the next 5 years, The projects include: Crooked Creek Basin Improvements - $24,259,922,00 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 • VVVV PS Improvements - $3,600,000.00 Collection System SSES & Rehab — $2,080000 (not including $85k annually in Operations) PS Upgrades - $300,000 annually UCPW's current DP projects are also ongoing with projects including: VVaxhaw Sewer Improvements - $295,000.00 Blythe Creek Sewer Improvements $3,083,200„00 Forest Park PS Replacement & Interceptor Improvements - $2,54.0,000,00 Crooked Creid,i, l&I Study & Remediation - $2,538,300,00 Suburban Estates PS repiacement,5933,)00,00 Union County Public Works continues to invest in SSES work, capital it rprovements, maintenance oe and operations to improve the wastewater collection systerr . If further information or details regarding the CCVVRF Improvements, as well as, the CP projects listed above are required. please feel free to contact Greg Morgan, SU p eririte ndent/ at 704-2 - 2 or myself at 704-296-4215. Thank you for your consideration on this issue. Sincerely Andrew Neft. E ter/Wastewater Div n 1iri Hyong Yi, Public Works Adrrinis Josh Brooks, Assistant Director„ Water astevater Operations Greg Moran, Utility Field ServicesSuperintendent/CRC Collection System SSO 24-Hour Notification Collection System: Number and Name WQCS# 000 Incident Number from BIMS Incident Reviewed (Date): 201 it00000101111010000100100.1001000.00111.**01140********11***111********48*********111**********011.111111**13,1*** / Spill Date ) Reported Date Time -0 (a- 1pm Time afp Regional DWR Staff reported to or EM Staff .14 Reported by Address of Spill County Cause of Spill CA Total Estimated Gallon Stream 12 /4.4 Fish Kill: Yes (Elg Number City r Est, Gal to Stream Stream Classification Species Non Required Information and other corn Response time minutes Zone ents relating to SSO incident: nhole # Duration of SSO 1) MRO-PWS: Clint Cook or Mark Hahn PWS Em. Cell Phone 704-677-4947 2) DHHS: Alexander County - Keith Rowland (828-450-5842) All other Counties - Aaron McOwen (919-703-6452) ** If you are unable to reach Keith or Aaron, Call the 24/7 On Call Number: 1-888-820-0520 herbal contact date/time contact date/time 1.7"e e - contact date/time contact date/time --- contact date/time Optional DHHS contact (consult with Corey/Andrew before contacting: Valerie Lott (704) 621-7956 contact dat&time Brian Combs (919) 546-1823 State of North Carolina Department of 'Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART L This form shall be submitted to the appropriate DWQ Regional Office within ive days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WQCS00054 Facility: Union County Collection System Owner: Union County CS# if active, otherwise use WQCSD#) Incident tit: 201901354 City: Waxhaw Source of SSO (check applicable): County: Union Region: Mooresville El Sanitary Sewer Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i,e, Pump Station 6, Manhole at Westall & Bragg Street, etc): Behind 5012 Lydgate Dr, Manhole tsi 20068 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 08012019 Time: 11:20 am Incident End Dt: 08/13/2019 Time: 1135 am (hh:mm AM/PM) 0:15 hours (mm-dri-yyyy) Estimated Volume of the SSO: 150 (hh:mm AM/PM) (n-iirri-dd-yyyy) gallons Estimated Duration (Round to nearest hour): Describe how the volume was determined: 10 GPM X 15 MINS= 150 Gallons Weather conditions during the SSO event: Sunny Did SSO reach surface waters? El Yes E No Unknown Surface water name: Twelvemile Creek v u e reaching surfa e gals): 20 Did the SSO result in a fish kill? D Yes No SPECIFIC cause(s) of the SSO: RI Debris in line 24 hour verbal notification (name of person contacted ): DWR ED Emergency Mgmt [1] Unknown If Yes, what is the estimated number cif fish killed? Maria Schutte Date (mm-dd-yyy): 08/14/2019 Time (hh:mm AM/PM): 11:50:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can he stopped. Per G.S. 143-215,1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a Gress release within 24-hours of :first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred, When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within ,30 days, Refer to the reference statute for further detail. The Director, Division of Water Resources, may take enforcernet action for SSOs that are re d to be reported to Division unless demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations, This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: PART II: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Debris in line What type of debris has been found in the line? ROCKS Suspected cause or source of debris, NEW CONSTRUCTION DEVELOPMENT UPSTREAM FROM SPIEL SITE. Are manholes in the area secure and intact? Yes n No n NA n NE When was the area last checked/cleaned? 8/7119 Have cleaning and inspections ever been increased at this location due to previous Rr71 Yes n No n NA n NE problems with debris? Explain: DUE TO THIS BEING THE 3RD SPILL IN THIS GENERAL AREA ALL EFFORTS HAVE BEEN PUSHED TO IDENTIFY WHAT IS HAPPENING IN THIS AREA, Are appropriate educational materials being developed and distributed to prevent future similar occurrences? Comments: V( Yes n No n NA n NE NEW DEVELOPEMENT IS HANDLING THESE ISSUES WITH THE CONTRACTORS INSTALLt: THE INFRASTRUCTURE, System Visitation ORC Backup Name: MAT HEW J. HARGETT Cerf# 990697 Date visited: 8/13/19 Time visited: 3:OO PM n Yes WI Yes CS-SSO Form Page: ted ( Stopped and cleaned up)' AS JEJETTEDAND CLEANED BOTH WAYS IN THE INFRASTRUCTURE, RMAI ING SEWER ON THE GROUND AS PUT BACK IN THE SYSTEM VIA SUMP PUMP. THE SITE WAS THEN LIMED AND LANDSCAPED, a representative for the responsible party, 1 certify that the sriforrnati n contained i t this report ss true and accurate to the best of my knowledge. P:rsran stibrnitting claim.tthew Jeremy Hargett Sign me: Telephone Number:; Date : 0 f 1,3f 1 g 01: 0 pre Title: Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of fir knowledge of the SSO with reference to the incident number (the incident nramt er is only generated when electronic entry of this form is completed, if used). CS-SSO Form Page: Code PART I: n State of North Carolina Department of Environment and Natural. Resources Division of Water Resources stem Santry Sewer Overflow Reporting Form Form CS-SSO This form she be submitted to the appropriate. DVVC.tit Regorial Office within five days cif the first k.nov4edge of the sanitary sewer overflow (SSO), Permit Number: WOCS00054 ii,"01QCS# if active, .otheruSeWQCSD#) - Facility: Union County Coitection System OwnerUnion County incident #: Cfty: Indian Trail County: Union Region: Mooresville Source of SSO (check apprible): Sanitary Sewer El Pump Station / Lift Station SPECTFC location of the SSC (be consistent in desoriptioril from past reports or documentation - e. Pump Station 6, Manhcie at VVestall & Bragg Street, etc): 4015 Sardis Church Road Manhole #: 5231 Latitude (Decimal Degrees): incident Started Dt: Longitude (Decimal Degrees): Time; Incident End Dt; C45 Am Time: i:rnm-dd-yyyy (hhimm AM/PM) (mm-dd-yyyy) Estimated Volume of the SSC: 6 "75-0 Describe now the volume was determined: gallons Estimated Duration (Round to nearest hour): t95 Ger‘ x '70 fn,w. Weather conditions during the SSO event: EXTREME THUNDERSTORM (hh:mm AM/PM. 4170 Did SSO reach surface waters? Yes No Ejl Unknown Surface water name: Crooked Creek Volume reaching surface waters (gals)• Did the SSO resuit in a fish, kill? El Yes g Na El Unknown If Yes, what s the estimated number of fish killed? SPECIFIC cause(s) of the SSO: El Severe Natural Cor4ti 24 hour verbal n�tcatjnarne of person contacted): DWR ,rgency Mgmt Date (mm-ddtyyy), he, Time (hhm AM;PM)' i If an SSO is ongoing, please'mprialeTegnal an a daily basis until SSO can be stopped. Per G,S, 143-215,10(1'), the responsible party of a discharge Of 1,00C or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge tc ail print and electronic news media providing general coverage in the county where, the discharge occurred, When 15,000 gallons or more of untreated wastewater enters surface waters, a publio notice shall be published within 10 days and proof cf publication shall be provided to the Divison, within 30 days. Refer to the reference statute for further detail, The Director, Division Division, unless it demonstrated that: d to be reported to 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasona.bie control cf the Permittee andfcr owner, and the discharge could not have been preventeb by the exercise of reasonable control, uart must be completed to provide a justification claim for either 'of the. above situations, This information will be the basis ER OR NOT PART Ili IS COMPLETED, A -SIGNATURE IS REQUIRED AT THE END ,OF THIS FORM CS-SSO Form Page: the infor a ued. Yes ed n this .report is PART 11' ANSWERTHE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE E SECTORS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I {Ira the check boxes below, NA al Not Applicable and NE = Not Evaluated) A HARDCOPY 3F TFi[ F R U BE SUBMITTED TO Tile APPROPRIATE DWR REGIONAL FFIC.E UNLESS vere Natural Condition escnbe the °"severe natural condition'" in detail? Extreme Rain event ed lard e amounts rainfall in a short a abunt nit tune: Hew much advance ° earring did you have a d what actions were take€ in preparation for the event?' 24 Hours nen) tesra Visitation iC xkap 67 C atA visited'; best of fed' 0 amediated recede - upped and cleared up) ere able 0 Oath esentative for the respcnsNble party", l 'certiN y knowledge, submitting claims cure. me Nrimber. oitson in fcrrr at:o desEsen to oe submitted sno sd oe Herat tca the raid Division Regional r ithiw five days of T of the EEC Gwith reference to the incident curiae the Incident r u , ber Fs ^nly generated es ar elecbon:c entryof * l mulcted, if used}. Page: State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART I: This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanita overflow (SSO), Permit Number: WQCS00054 (WQCS# if active, otherwise use WQCSD#) Facility' Union County Collection System Owner: Union County City: ewer Incident #: 201901430 County: Union Source of SSO (check applicable): El Sanitary Sewer Region: Mooresville Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall 8, Bragg Street, etc): Manhole #: 5231 4015 Sardis Church Rd, Latitude (Decimal Degrees): Incident Started Dt: 08/23/2019 Ti, e: (mm-dd-yyyy) Estimated Volume of the SSO: 6,750 Describe how the volume was determined: Weather conditions during the SSO event: Longitude (Decimal Degrees): Incident End Dt: 08/24/2019 Time: 01:45 am (mm-dd-yyyy) (hh:mm AM/PM) gallon Estimated Duration (Round to nearest hour): 16:30 hours Did SSO reach surface waters? RI Yes Li No fl Unknown Surface water name: Crooked Creek Volume reaching surface waters (gals) 6750 Did the SSO result in a fish kill? El Yes RI No fl Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: El Severe Natural Conditii 24 hour verbal notification (name of person contacted ): Jerry Belcher fl DWR Emergency Mgmt Date (mm-dd-yyy): 08/24/2019 Time (hh:mm AM/PM): 05:00:00 prri 0 If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped: Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail: The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part 11 must be completed to provide a justification claim for either of the above stuations, This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: PART ANSWER THE FOLLOWING. QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTORS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Severe Rotor Condition Describe the "severe naturalcondition" in detail How much advance warning did you have and what actions were taken in preparation for the event? Comments Vi ORC Backup Name: Time visited: How was the SSO rerraediated (i.e. Stopped and cleaned up)° As a representative for the resoble par best of my knowledge. Person submitting claim: Signature erl6 that the infor ation ri Yes ri Yes ned in this report is true and accurate to th Date: Title, Telephone Number; Any addition information desired to be submitted shouldbe sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this €s completed„ if used), CS-SSO Form Page: SSO EVALUATION ROUTING SLIP NOV NOI #: 03 75- TONY: PERMITTEE: 000 NIICHAEL ,5yvto.,t1 ANDREW COREY • CERTIFIED MAIL: 7015 1520 0002 8376 2180 RETURN RECEIPT REQUESTED September 06, 2019 Mark. Watson, County Manager Union County 500 N Main St Ste 918 Monroe, NC 28112 SUBJEC ► : NOTICE OF VIOLATION & INTENT TCt ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0355 Sanitary Sewer Overflows - August 2019 Collection System Permit No. WQCS00054 Union. County Collection System Union County Dear Mr, Watson: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports 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 201901354 8/13/2019 15 Behind 5012 Lydgate Debris in line 150 20 No Further Action Dr. 201901430 8/23/2019 990 4015 Sardis Church Rd. Severe Natural Condition 6,750 6,750 Notice of Violation Intent to Enforce 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 Michael Mellinger or me with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at michael.meilinger@Thalenr.gov or corey.basinger@mcdenr.gov. Sincerely, DocuSigned by: A14CC681AF27425.“ W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Mooresville Regional Office - WQS File Central Files, Water Quality Section September 13, 2019 W. Corey Basinger lanai Supervisor ter Quality Regiona! Operatic ns Section Mooresville Regional Office 810 East Center Ave,, Suite 301 Mooresville, NC 28115 Subject Notice of Violation & intent to Issue Civil Penal Tracking #: NOV-2019-DV-0358 Sanitary Sewer Overflows - August 2019 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 Lracati rn . 201901354 8/1312019 Re ponse: The sewer overflow was the resu occurred behind 5012 Lydgate Dive out of a sanitat lasting unth 11:35 am on August 13, 2019, and is est spill that would indicate a backup was to occur. 5012Lydgate"1 riv lnciden 201901430 Response; The SSC listed ection wer Date rts a sewer imated a La Cation 8/23/2019 401 :ard s Church Road pdcilar dare his arm was inundated with ftaddwaters n g utilized to attenuate peak flee the new gravity system an mac+ Road was thought to be abandane: ion in the pipes, The sanitary sewer overflow , The overflow began at approximately 11:20 am 0 gallons. There were no signs leading up to the during s'to avity ma • Blooding, The system F. The new CCWRF f_Q. ever, during construction of forth side of Sardis Church d to the new gravity system. This tine is tonnected to a I2-irtt line available to eortveyflow the cotlection connected to avoid this restriction in the future, general hydraulics in this area. Also the Notice corrected to 270 minutes, of Sardis Church Road, however, without thet foaratiel 8-inch fenced a severe "hydraulic condition. The 8-inch line has been being developed with our CIP team to resolve to improve lion states a duration of 99q minutes which should be Union County Public Works has underwent a opmprehensave Mier Plan (Black & Veatch) and improver strategy in efforts to better ident areas of improvement within the Cr ited Creek basin. Efforts such as fi monitoring studies (CDMSrnithl.Hydrostructures and Frazier Engineering) to identify areas of inflow and infiltr capacity assessments of the CCWRF and associated lift stations, it station assessments to identify aging infrastructure, among others. As a result of these studies, UCPW has developed a CIP plan to address ce • A significant plant upgrade at the Crooked Creek WRF was comple basin, and process improvements. Total cost is $7.775M project also new headworks containing new bar screens, compactor, and grit rerro 1200' of 18" gravity sewer. • I&I flow studies have been conducted by CCMSrnith/Hydrostructures and Frazier Engineering, These studies have narrowed the basin into concentrated sub -basins to target 1&1 reduction. The intended approach is a find -fix method to utilize funding efficiently and consistently. The first initial 2017 target area is southwest of CCWRF in the Indian Trail area south of Hwy 74, west to the Union/Mecklenburg county line. This I81 abatement work has been completed. Additions! areas for 1&I abatement are being evaluated. ks, a 3MG EQ new 10,3 Mt3D confluent PS, ing, and relocation of UCPW also has an aggressive Capital improvement Program throughoi projects includes > Crooked Creek Basin lrnprovements $24,259,922.00 Crooked Creek Interceptor Improvements Ph. 1 - $9,915.500,00 > Suburban Estates PS and FM - $1,000,000.00 r Waxhaw Interceptor — 3,200,000,00 > WW PS Improvements - $3,600,000.00 Collection System SSES & Rehab--'$2,080 000 (not irtcludirtg $ Operations) r PS Upgrades - $300,000 annually °s current CIP projects are also ongoing with projects including: > Waxhaw Sewer Improvements - $295,000,00 ythe Creek Sewer Improvements - $3,083,200,00 est Park PS Replacement & Interceptor Improve > Crooked Creek I&I Study & Remediation - $2,538,30 ,00 > Suburban Estates PS replacement-$933,300.00 UC 2, e next 5 years. The at ually in 40, I0 ,00 Union County Public Works continues to invest in SSES work, capital irr prpvements, maintenance and operations to improve the wastewater collection system, If further information or details regarding the CCWRF Improvements, as well as, the CIP projects fisted above are required, please feel free to contact Greg Morgan, Superintendent/ORC, at 704-289-3288 or myseif at 704296•421.5. Thank you for your consideration on this issue. Sincerely, Andrew Neff, PE WateriWastewater Division Director cc: Hyong Yi, Public Works Administrator Josh Brooks, Assistant Director, WaateriWastewater Operations Greg Morgan, Utility Field: Services SuperintendentlORC State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART I: This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WQCS00054 (WOGS:At if active, otherwise use WQCSDAA) Facility: Union County Collection System Owner: Union County Incident #: 201901430 City: County: Union Region: Mooresville Source of SSO (check applicable): 2 Sanitary Sewer D Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - Le. Pump Station 6, Manhole at Westall & Bragg Street, etc): 4015 Sardis Church Rd. Manhole #: 5231 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 08/23/2019 Time: 9:15 pm Incident End Dt: 08/24/2019 Time: 01:45 am (mm-dd-YYYY) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mrn AM/PM) Estimated Volume of the SSO: 6,750 gallons Estimated Duration (Round to nearest hour): 4:30 hours Describe how the volume was determined: Weather conditions during the SSO event: Did SSO reach surface waters? 2 Yes No Unknown Volume reaching surface waters (gals): 6750 Surface water name' Crooked Creek Did the SSO result in a fish kill? Yes RI No D Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: 2 Severe Natural Conditi 24 hour verbal notification (name of person contacted ): Jerry Belcher DWR 2 Emergency Mgmt Date (mm-dd-yyy): 08/2412019 Time (hh:mrn AM/PM): 05.00:00 pm I1 an SSO is ongoing, please notify the appropriate Regional Office0ffice on a daily basis until SSO can be stopped, Per GS, 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to :surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail_ The Director, Division of Water Resources, rnay take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge: or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control Part 11 must be completed to provide a justification claim for either of the above situations. This information will be the basis CS-SSO Form WHETHER OR NOT PART 111 IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM Page: PART ANSWER THE FOLLOWING QUESTIONS FOR EACH RELENTED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTORS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWWR REGIONAL OFFICE UNLESS IS Severe Natural Condition Describe the 'severe natural condition" in detail' How much advance warning did you have and what actions were taken in preparation for the event? Comments: Svste Visitation ORC Backup Name:' Cert# Date visited: Time visited; Ho w was the SSO re ediated e. Stopped and cleaned up)? Yes ri Yes As a representative for the responsible party, I certify that the infoation contained in this report is true and accurate to the best of my knowledge: Person submitting claim: Signature: Telephone Number: Date: Title Any addition infarrnat on desired to be submitted should be sent to the appropriate Division Regional Office within five days of fir knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO Form Page: SSO EVA UATION ROUTING S P NOV NO : V V — PER"EE.r`arf S TON'Y: 1CHAE U ANDRE COREY DIV SIN OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator; Union County. Facility Name: Union Count3° Collection SVS(CH1 Permit Number: WQCS00054 County: Union Case Number: DV-202(J-0036 ASSESSMENT FACTORS I.) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting fromthe violation; NiMe lcuuicnted However, the impermitted discharge ul untreated asleivaier has, (he potential to adversely impact natural resources. 2) The duration and gravity of the violation; As docomented in Attachment A. 3) The effect on ground or surface water quantity or quality or on air quality; None docomenied, 111:.twes.'er, (he on rerun itied discharge or untnatted stewa ier has the potential to adversely impact surface ivaters. 4) The cost of rectifying the damage; l'iknov:n 5) Theamount of money saved 'by noncompliance; I iiknowii 6) Whether the violation was committed willfully or intentionally; Not suspected to be N-Villful or intenlionia 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 StiOs reported and arldresse.d. 8) The cost to the State of the enforcement procedures,. SI26.93 3/6/2020 Date. DocuSigned by: A14CC681AF27425 W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ