Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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