WQCS00054_Regional Office Historical File Pre 2018 (10)

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Certified # 7016 1370 0000 2592 0492
Return Receipt Requested.
March 06. 2020
Mark Watson. County Manager
Union County
500 N Main St
Ste 918
Monroe, NC 281 i 2
SUBJECT: Notice of Violation and Assessment of Civil PenaEty
for Violations of North Carolina General Statute (G.S.) 143-215.1(,a)(6)
and Collection System Permit No. WQCS00054
Union County
Unior, C`orrnt C`ollec.tion S stem
Case No. DV-2020-0035
Union County
Dear Mr. Watson:
This letter transmits a Notice of Violation and assessment of civil penalt
S126.93 enforcement costs) against Union County.
aunt ofS501.93 ($375.00 civil pen
Wnt is based upon the ttllctwing facts: a review has been conducted of the Sanitary
eport submitted by Union County.. This review has shown the subject facility to
Lnd in Collection System Permit No, WQCS00054 and G.S. 143-215.1{a)(1). The v
summarized in Attachment A to this letter,
Based upon the above facts, 1 conclude as a matter ctflaw that Onion County violated the terns, conditions or requirements
tf Collection System Permit No. WQCS00054 and G.S. 143-215.1t(a')( i) in the manner and extent shown in Attachment A.
In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may he assessed against any
person who violates the terms. conditions or requirements of a permit required by G.S. 1 43-215.1(0.

Based upon the above findings of fact and conclusions of law. and in accordance with authority provided by the
Secretary of the Departmerk of Environmental Quality and the Director of the Division of Water Resourceg W, Corey
Basinger. Regional Supervisor, Mooresville Regional Office hereby make the folio l penalty assessment against
Union Cotirity,
S378 01 For g'„ of the 4 violations of Collection System Per it No, WQCS00054 and G.S. 143-215.1 (a)( ) fbr
Sanitary Sewer Overflogsgs) resulting in a discharge 'without a valid permit,
CIYILLPENALLIY
EtifOgifignierit CidStik
i'8g8f,fi1p89,88 ,'179IiikikikMOVN1 DE
Pursumt to G,S, 143-215.6A(Q. in determining the amount of the perialty I have taken into account the Findings of Fact and
Conclusions (af L a w and the factors set forth at G,S, 1,1313-282.1(b). which tire;
t ) The (degree and extent of hanti to the nattiral resources of rhe Sttite, to the [Rallis,' health. or to private property
resulting from the siolatiorn
(2) Ihe (titration and gravity of the siolationt
i3) File effect on groitnd or surface Water quantity or qualifii or Ohl air quality:
41 The cost of rectifying the damage;
1I he amount nmney saved b8 noncompliance;
6) 88 hether the iolation was committeci skillfully or Mtentionally-,
t7) I he prior record of the violator in complying or tailing to ct.-nriply With prognirrt OVer which the Enk ironmental
Nianagement Commission has regulatory authori,k8i, and
(8) The cot to the State of the entbreetnent procedtires,
‘Vithin thirty (30) days of receipt of this notice, 1 alliSt do one of the following;
(1). Stibit(it
(2) Stihmit2a. fon,rengiksiifigOk....
(31• • SLibmita writtengegi„test fbrpmsadininistkatige IL 1
Option 1: Submit ptrnen1 of the penate:i:
Payment should be guide directly to, the order of the Department of Environtrienfigi Quality (do not itlellide lvtliver
,fbrni). Payment of the penalty \kW iiiht foreclose fitrther enforcement action for any contirgling or new violation(sk
Please submit payrnent the attention ok
\tn «5131 rich
Division of Water Resources
1517 Mail Service Center
Raleigh. North Carolina 27699-1El 7

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is 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 he accompanied by a waiver of your right tozm ildrninistrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be .remitted, and submit it to the Division of Water Resources at the address listed below,
In determining, whether a remission request will be approved. the following -factors shall he considered.
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282,1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation.
(3) whether the violation was inadvertent or a result of an accident;
(1) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payinent for the remaining necessary. remedial actions,
Please note that all evidence presented in support .of your request for remission [mist be submitted in .writing, The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the twitter of
your remission request [he response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental .Management Commission's Cl'ommittee on Civil Penalty
Remissions (( ommittee), Please he adViSed that the Committee cannot consider information that was not part of the
original remission request considered by the Director. 'Iherefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission,
In order to request. remision. You must complete and submit the enclosed -Request for Remission of Civil Penaltie&
Waiver of Riet to an Administrative Heariug. and Stipulation of Facts" tc)rm within thirty Oh_ days of receipt of this
notice, The Division of Water Resources also revests that you. coinplete and submit the enclosed "Justification for
.Remission Request"
Both forms should be subtonic- the following address:
Attn: PERCS Branch
Division of Water Resources
t 6'17 Mail Service Center
Raleigh, North Carolina 27699- 617
AND
W. Corey. Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresvi Ile Regional Office
Division of Wtter Resources, NC:1)FX)
610 East Center Avenue, Suite 3i)
Suite 301, Mooresville, NC 28115

Option 3: File a petition for an ad s a ' 'e hearing with the Oflice ofAdminisirative :Hearings:
11 you wish. to contest any statement in the attached assessment dociiment you 'mast tile a petition for an administrative
hearing. You rnay obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received ri the Office of Administrative Flearings during normal office hours, The Office of Administrative
Hearings accepts filings Monday through Fridaybetween the hours of 8:01) aan„ and 5:00 p.m„ except for official state
holidays. The petition may be filed by facsimile (fax) or electronic, mail hs an attached file (with restrictions) - provided
the signed original. one (l) copy and a tiling fee (if a tiling fee is required hy NCGS §150B-23.2) is received itt the
Office of Administrative flearings within seven (7) business days following the faxed or electronic transmission.. You
should contact the Office of Administrative llearings with all questions rezarding the tilingfee and or the details of the
filingprocess.
The mailing address and telephone and fax numbers for the Office of Admi ative 1 1eannits are a.: fn iov
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One 1 copy of the petition must also he served on DEQ as follows:
Mr. William F. Lane. General Counsel
Department of Environmental. Quality
1601 Mail !Service CellteT
Raleigh, 'North. Carolina 27699-1(01
Please indicate the case number las lot nd 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 bv an internal
date tine received stamp (not a postmark), will result in this matter berng rel'erred to the Attorney General's Office for
collection of the penalty through a civil. action, Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.,
11 nu have imy questions. please contact Michael Meilinger with the Division of Water Resources staff of the Mooresville
Regional Office at i910) 796-7336 or via email at Illichael.meilingen'iialcdenr.gov.
Sincerely,
DocuSigned by:
Al4CC681AF27425 .
W. ( Basinger. Regional Supervisor
Water Quoin.), Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDFQ
A FTA INTENTS
Cc, WQS Mooresville Regional Office - Enforceinent File
PEHRCS Cnn platelLnforceent 1lint - Enforcement File

Case Number: DV-2020-0035
Assessed Party: ;pion County
Permit No.: WQCS00054
JUSTIFICATION FOR REMISSION REQUEST
COlifiq: Union
Amount :Assessed: $501,93
Please use this fbrin When requesting remission of this civil pettalt. You rnust also complete the "Request For
Waiver of Right to an Achninistratnte Heariiig, and Stipulation Of Feints" form to request remission of this civil penalty.
You should attach any Liocurnents that you believe support your request and are necessary for the Director to consider in
evaluating your request for relinission. Please be aware that a request for remission is limited to consideration of the five
factors listed below its they may relate to the reasonableness °tithe amount of the civil penalty assessed, Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document, Pursuant to N.C.G.S. § 143B-282.1(c). rernission of a cis
penalty may be granted only when one or ITIOre of the following five factors apply; Please check each factor that VOL
believe applies to your case and provide a detailed explanation, including copies of supporting documents. as to why the
factor applies (attach additional pages as needed),
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the cissctssmetiplactors are listed in the civil penalty assessment doe umentii
the violator promptly abated continuing environmental damage resulting from the violation (Le.. e.tiplain the
steps that 3:ou took to correct the viol-idiot-1 and prevent filiture occurrences):
(c) the violation was inadvertent or a result of ,an accident Les .explain 11-12), the VialCitiOn IT CIS UMTVOidable or
SOIneihing sett) could not prevent or prepitre
(d) the violittor had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty wall prevent payment for the remaining necessary remedial actions 0.e., expletin
how payment of the e ivil pc nizity will prevent you lkorti pet:thrilling the ac iivities necessary to ac hieve
comphtince).
EXPLANATION:

'TL? C�31a 'l0R 1 H (AR0C.SLC A
!\`T"Y 3I' t10\
1 \4A`l"1'1 R 0F° ASSESS [ N.I
IVIL PF'NAI.xIIF' GAIN T
LTrtion County
UnionCounty' ("nllectirrtt System
PCR lCT' NO. WQCS00054
l)LPART L:N['CIF L;` EI C N LN
A1_. t ll_t A
'AVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION : OF FACTS
F NO. ITV-2 020-035
Having hem asses ed civil penalties totaling $501,93 for violation (s° as set forth in the assessment docttn ent vat the Dision
of Water Resotarces dated March OS, ?()_O. the undersignedt desiring to seek remission cif"t} c civil penalty does h rchy
ssai r tl e right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment:doctt ttent. Iryhe tindc rsiF;ned further understands that all evidence presented in support of remission of this civil
penalty anttst he submitted to the Director of the Division ofWate r Resources within thirty (30) days ot`receipt t0
ofassessrnea t. No new evidence in support of remission request will he allowed after (30) days front the i°ecei t ofthe
notice ofttssessataent.
This the
day of
L3L)RI_SS
T'I=L.FPIIONE
,RI,

ATTACHMENT
Union County
CASE NUMBER: D 2 2 1.-00S5
PERMIT N Sl 04
FACILITY: Union County Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE `I LATI IN TYPE
201901141 7/201 (SO/SSO(Scwer 0441t w
29190 i 233 7/14, 2019 S lSSO(S wer Overflow)
01 01280 2302019 St) SSO(Sew r Overdo rl
7 25 22r 19 SSt9tSSt9(Sewer Overflow)
I N; Mooresville
COUNTY: Linton
VIOLATION DESCRIPTION
Dtscharge w thcut valid pemr6t
Discharge without valid perrntt,
Ch charge tha ut valid perrrlst
Chscharge vthoot valid_perrn=t
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
$125 00

Public Works
tinier.' County
LSI, 1842
August 29, 2019
500 North Main Street
Suite # 600
Monroe, NC 28112
T. 704-296-4210
Mr, W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresviile, NC 28115
Subject. Notice of Violation & Intent to Issue Civil Penalty
Tracking #: NOV-2019-DV-0347
Sanitary Sewer Overflows — July 2019
Collection System Permit — WQCS00054
Union County
Union County has received the NOV referenced above for collection system overflows.
Explanations of the overflows were on the BIMS Overflow Reporting Forms submitted by Union
County Public Works (UCPW) to the NCDEQ, However, we have added a few additional facts
in the explanations below
Incident # Date Location
20190.1141 7/7/2019 2103 Lytton Lane (Brookhaven Pump Station)
Response:
The backup float system to the station named Brookhaven, failed to activate. This was corrected
on the same day that the SSO occurred, We have since instituted a preventative maintenance
program to identify and repair all of the other applicable stations n our system in order to
prevent future failures of this kind,

Incident # Date Location
201901233 7/14/2019 5D12LvdgatmDrive
mesppnse-1
The sewer overflow was the rBSo|1 of construction debris onounnu|abon in the pipes, The sanitary
sewer overflow occurred behind 5012 Lydgate Drive out of m sanitary sewer manhole. The
overflow began at approxinnate|yQ2Dpm|antimgunti|3:OOanlonJuly15.2O19.andisestirnated
at 8.500 Ba||QnSThis 8G[) did not impact the nearby tributary due to the lay of the |and This
particular section ofsewer outfa|| is o main trunk line that feeds to the KqH|bridge Pump Station
and this section ofoutfa|| ac\UaHy sits lower than the creek banks, The[afore, due to the
elevation difference, all of this SG{] was retained below the creek banks and was able to be
pumped back into the infrastructure via pumps in several locations in this area. There was no
visible evidence the SS{J entered waters of the state,
Incident # []mbm Location
Response,
The SSO listed in this section were due to I&I introduction during heavy rains and flash fiooding,
The system associated with this area was inundated with floodwaters and increased flows at
CC\NRF, The new CCVVRF EQ system was being utilized to attenuate peak flows experienced
during S1ornO evgnts, hovVeVer, during construction of the new gravity system an existing 8-inch
gravity main !oCated on the north side of Sardis Church Road was thought to be abandoned and
as such was not reconnected Lothe new gravity system, This line is connected to a 12-inoh line
on the south side of Sardis Church F<oad, however, without the parallel 8-inch line available to
convey flow the collection system experienced asevere hydraulic condition. The D-inchline has
been connected to avoid this restriction in the future, Plans are being developed with 0ur0P
team to improve general hydreu|ico in this area,
County Public Works has underwent acnmpnehenoive Master Plan (Black &Veatch) and
improvements strategy in effm­ts to better identify areas of improvement within the Crooked
Creek basin. Efforts such asflow monitoring studios (CDM8nnith/Hydrostructures and Frazier
Engineering) to identify areas ofinflow and infi|tretion, capacity assessments of the CCVVRF and
associated lift stations, lift station assessments to identify aging infraStruc1uma, among others,
As a nasu|( of these studiee. UCPVVhas developed a C|P plan to address certain areas of
concern
0 A significant plant upgrade at the Crooked Creek VVRF was completed nclud�ng new
headvvorhs. a3MG E(] basin and Frooemsirnpnowennents. Total Cost is �7.7750 project
also iOc|oded a new 10.3 MGD inf|uent PS' new heodvvnrhs containing new bar screens,
Cornpactor, -arid grit r80nOVa|/devvat8FiDg. arid relocation Df12Q0'Of1O"gravity sewer,
W flow studies have been conducted by C8M3mith (Hydrostruc1ures) and Frazier
Engineering. These studies have narrowed the basin into concentrated sub -
basins to targel. W 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 l&I abatement work has been completed. Additional areas fcr l&I abatement are being
evaluated.
Incident # Date Location
201901233 7/25/2019 211 Cupped Oak Drive (Forest Park Pump Station)
Response:
The SSO listed in this section was due to a force main break at 211 Cupped Oak Drive of the
pipeline, Once we discovered the break, we began a pump/haul of the station and mobilized a
team that made the repair within a few hours, There were no signs leading up to the break that
would indicate a failure was to occur. The pipe had a longitudinal crack and the entire joint of
pipe was replaced. Once repair was made, the area affected was cleaned and the ground
surface restored. This pump station is currently under construction replacing the wet -well,
electrical panels, ARV's, and installing a new generator set,
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
• WW PS Improvements - $3,600,000,00
• Collection System SSES & Rehab — $2,080,000 (not including $85k annually in
Operations)
PS Upgrades - $300,000 annually
UGPW's current CIP projects are also ongoing with projects including:
Waxhaw Sewer Improvements - $295,000,00
Blythe Creek Sewer Improvements - $3,083.2.00,00
Forest Park PS Replacement: & Interceptor Improvements - $2,540,000.00
Crooked Creek i&I Study & Remediation $2,538,300.00
• Suburban Estates PS replacernent-$933,000..00
Union (—purity Public Works continues to invest funds into, SSES workcapital improvements,
maintenance and operations to improve the wastewater collection system. If further information
or details regarding the CCWRF Improvements, as well as, the CIP projects

ted above are required, please feel free to co art Greg lion. uprir trrrtrtG, at
704-289-3288 or myself at -p -421 .
Thank you for your consideration on this issue,
Sincerely,
Andre
V of r
t water Divisior l rr ctor
Hyong , Public Works d iini tr ter
Josh Brooks, Assistant Director, WaterANastewater r p ons
Greg Morgan, Utility Field Semices SuperintendentIORC

CERTIFIED MAIL: 7015 1520 0002 8376 2135
RETURN RECEIPT REQUESTED
August 22, 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-0347
Sanitary Sewer Overflows - July 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 Report/s submitted by
Union County. The Division's Mooresville Regional Office concludes that the Union County violated Permit Condition
I (2) of Permit No. WQC500054 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
Incident Start Duration
Number Date (Mins) Location
201901141 7/7/2019 27 2103 Lytton Lane
Cause
Pump station
equipment failure
201901233 7/14/2019 340 5012 Lydgate Drive Debris in line
Total Surface
Vol Water
(Gals) (Gals) DWR Action
500 500 Notice of Violation
8,500
Notice of Violation
Intent to enforce
Insufficient info on how
8500 gallons did not
reach the stream

Incident Start Duration
Number Date (Mins) Location
201901280 7/23/2019 225
201901288 7/25/2019 100
4015 Sardis Church
Road
Cause
Severe Natural
Condition
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
9,000 9,000
Notice of Violation
Intent to enforce
211 Cupped Oak Drive Pipe Failure (Break) 2,500
500 Notice of Violation
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 (525,000.00) 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 in the Mooresville Regional
Office at 704-663-1699 or via email at inichaelmeilingergncdenr.gov or corey.basingergncdenr.Gov.
Sincerely,
DocuSigned by:
Al4CC681AF27425 .
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

NOV/NO
TONY:
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SSO EVALUATION ROUTING SLIP
PERMI EE:
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1)IVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: U111011 County
Facility Name: Union County Collection System
Permit Number; WQCS00054
County: Union
Case Number: DV-2020-0035
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 from the violation; None (hul ninted However, the unperm tiled tlischarge of untreated
wastea-ater has the potential to adverselv impact' natural resources.
2) The duration and gravity of the violation; As documented in Attachment A
3) The effect on ground or surface water quantity or quality, or on air quality; N4ote e cute How er, t he
oopermitted discharge of untreated wastewater has the potential to adversely impact surface waters,
4) The cost of rectifying the damage; Unknown
5) The amount of money saved by noncompliance; Unknown
6) Whether the violation was committed willfully or intentionally; Not suspected to be willful or intentional
7) The prior record of the violator in complying Or failing to comply with programs over which the
Environmental iNtanagement Commission has regulatory authority; and Prior SSOs reported and Adresse
8) The cost to the State of the enforcement procedures.
SI 26.93
3/6/2020
Date
DocuSigned by:
Al4CC681AF27425_
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ