WQCS00054_Regional Office Historical File Pre 2018 (12)

ROY COOPER
Governor
MICHAEL S. REGAN
SOCittery
S. DANIEL SMITH NORTH CA
Dimetor
Certified Mail tt 701,6 1: ''0 0000 2592 0492
Return Receipt Requested.
Mark Watson. C"t
Urtioo County
500 N Main St
Ste 918
Monroe, NG 28
anager
March 06. 2020
SUM EC"T': Notice of Violation and re se sment of"C➢vil Penalty
for Violations of North Carolina. General Statut (G.S,) 143.21 .1(a)(6)
and Collecit No, WQCS00054
Union County
Union County Collect] art Sy tetra
t: ase No. DV-2020-00w 4
Union County
tson:
Thisletter transmits a Not]
S 126.)3 enforcement costs) a
J penaunt ot'.$ 376.93 ($250.00 civil penalty
This assessment is based upon the following facts: a ray°iev has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Union County, This rev°]tw has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00034 and G.S. 143-2I 5.1(a)(1)_ The violation(s) that occurred are
summarized in Attachment A to this. letter.
Based upon the above facts. 1 conclude as a matter of law that 1~`rtton County
of Collection System Permit No. WQCS000S4 and t .3.S, 143-2115, I(, )(1)
In accordance with the maximums established by G.S. 143-215.6A(
person who violates the terms, conditions or requirements of a perm].
ted the terms, conditions or requirements
ter and extent shown in Attachment A.
penalty` tnav he. assessed against any
equired by G.S. 14 3-215.1(a).

Based upon the above findings of fact and conclusions of law, rind 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
E3asinger, Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against
4inion County.:
S250,00 For 4 of the 3 violations of Collection System Permit No, WQCS00054, and G.S, 143-215,1(01) for
Sanitary Sewer Overtlow(s) resulting. in a discharge without a valid permit,
S250.00 TOTAL CIVIL PENALTY
$.1:Z(i,9Enforcement Costs
S376,93 TOTAL AMOUNT DUE
Pursuant to G,S, 143-215.6A(c), in determining the amount of the penalty1 have taken into account the Findings of Fact
Conclusions of Law and the factors set forth at ( S 1 1 iB282, 104), which are:
(I) The degree and extent of harm to the natant! resources of the State, to the puhhc health, or to private property
resulting from the violation:
(2), 'Fhe duration and i.ir-avity of the violation;
(.3) The effect on ground or surface water quantity or quality or on air quality:
(4) The cost of rectifying the damage;
(5) 'The amount of money saved by noncompliance.
(6) Whether the violation was committed willfully or intentionally;
(7) -The prior record oldie violator in complying or .failing to comply with programs over which the Environmental
Management Commission has regulatory authority: and
(8) The cost to the State of the enforcement procediires.
thirty (30) days of receipt of this notice. you must do one of the following:
) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a wrirteri request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of [n roninen tal Quality ( not include ii,uiver
i'ortn.:), Payment of the penalty will not foreclose further enibreement action for any continuing or new: violation(s).
Please submit payment to the attention of:
Attn: PERCS Branch
Division of Water Resources
16 7 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 2: Submit a written request for remission or mitigation including a detailed justification for such.
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper.
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,.
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following, factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in N('GS 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:
(4) whether the violator had been assessed civil penalties for any previous violations, or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remissionmust be submitted in writing, The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request The response will. provide details regarding the case status. directions for payment, and
provision, for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee), Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director, Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, y011 must contplete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing,and Stipulation of l'acts" form within. thirty (30) days of receipt of this
notice. The Division of Water Resources also requests .that vou complete and submit the enclosed "Justification for
Remission Request"
Both -forms should be submitted to the foflossflossing address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699.-1617
AND
W Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Oft -ice
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Suite 301, Mooresville, NC 28115

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
1.f you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of .Administrative Hearings, You must tile the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5,00 p.m., except for official state
holidays. The petition may be tiled by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required hy NCGS § 150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days 'following the faxed or electronic transmission. You
should con -tact the Office of Administrative .Hearings with all_questions_regardiniLthe -tiling fee and/or the details of the
i
The mailin.g address and telephone and fax numbers for the Office of Administrative . earin
6714 Mail Service Center
.Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (I) copy of the petitionalso be served on DEQ as follows:
Mr. Williant F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
,s are as
'oi los:
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, its evidenced by an internal
dateltime received stamp (not a postmark), will result in this matter being referred to the ,A ttorney General's Office for
collectionat 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,
lf you have an questions, please contact Michael Mellinger with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at michaehmeili ngeriiMcdenr,gov.
Sin.cerely,
DocuSigned by:
A 4CC681AF27,425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
PERCS Compliance/Enforcement Unit - Enforcement Fite

Caseumber: DV- 0 0-003a4
a ssessed Party: tuition (. ounty
Permit No.: Vv Q( Stftlil51
JUSTI I( ATION' OR R SSION RE UIi T
Please case this fiortti s kaen request
f Right to cn .lclrraitri•st
You should attach any document
evaluating your request for rei l
rs listed below as they a
remission is not the proper proc
A
Conti Union
sassed; S3 6 3,
You rtaust also co. p. the 'Request t>r Remission,
orris to request remission of this civil penalty.
•ou believe support voter request and are necessary for the Director to consider in
Please he aware that a request, for remission is limited to consideration ante five
o the reasonableness amount of the civ11 penalty assessed. Reques nt ,
canmsting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessraa int document.Pursuant to N. .G,``i, 143 B-28 .1 tci- remission of a civil,
penalty may be granted only when one or more of the following five, factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation.. including copies ofsupporting documents as to why the
factor applies (attach additional pages as needed).
one oa
rintent o
ore of the civil penalty a
the petitioner (the assess
(b) the vi0lat+
st1ras ar'a
,t".tl,S. l lv3EI
ccf int t n nivil jrertctlta :a°ss°cssrr nI docum
ptly abated -continuing environfaental danata0e
7 and pre
e violate was inadve
thing you r`rairl i ra«t prei
the vie, lair r had not been ass
d cis
.rat caff flee civil penalty' will pre
prat c f P c.!?°if fac*r��rd 1a'a ill rar t
EXP1_,ANi
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acci
alti
nt paying!)
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ecessary

S I A"I"E l' NOM2i CAR I INA.
COUNTY 01UNION
i E1I: MA'1 1 ER OF ASSE SSMFNr.1
'IVIE PENALTIES AGAINST
I rrinn County
Union C i)unty C ollection. System.
PERM!' t!' f i ?. WQt"S0 t 'n
I FPa\R.TMEVI
If ONMFNTA QE Al ITS
WAIVER OF RICHT TO AN
ADIVIINISIRATIVE I-IEARING A ill
STIPULATION OF FACTS
TS
CASE O. DV-2020-0034
Fhit,in.t been asses ed i °'tY penalti s tcak ltrr 3 6.93 for lati ragl a, forth in the a esst .ent document of Div ion
of Water Resources dated March_05, 2020. the rrrrdersi rredu desiring to seek. remission elf tl e civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter rhnd does stipulate that the facts are as alleged in the
a sessment docurr-ent. The undersigned further understands that all °°idence presented in support of remission of this civil
penalty must be submitted to the Director ofthe Division of Water Resources within thirty (30) days of receipt of the notice
d ncvv evidence in support of a remission request will he allowed after (30) dais from the receipt of the
ADD I~!.FSS
SIiATI:RE
PI`I ON L

ATTACHMENT A
Union County
CASE NUMBER: DV-2020-0034
PERMIT NO: WQCS00054 REGION: Mooresville
FACILITY: Union County Collection System
Other Violations
INCIDENT VIOLATION
NUM:ER DATE VIOLATION TYPE
VIOLATION DESCRIPTION
COUNTY: Union
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
201900955 5/18/2019 CSO/SSO(Sewer Overflow) Discharge without vald permit
2 960 $250 00
201900966 5/23/2019 DSO/SSO(Sewer Overflow) Discharge without valid permit
201900977 5/28/2019 DSOSSO(Sower Overflow) Discharge wflhout valid permit
1,500 $0 00
1,500 $0.00

June 2
1! Er W, C:`c�t°e 1 asirt
Regional Supervisor
Water
Mooresville Regional Ofti
t)10 last Center Ave. Suite 301
Mooresville, NC 281 I5
Notice
Dear Mr, fiasi
Department of Public Works
500 North Main Street
Suite #600
Monroe, NC 28112
T. 704 296 4217
www.unioncountync.gov
ort h,. Intent to Issue, t ivi
NOV-2019-DV-0257
,May 2019
!VQCS00054
aunty
Union Coirrreterc need above 'for collect:
Explanations of the overflows were on the. I31r\4S Overflow Reporting Forms suhrui
ul lie Works (EJC.'PI\.•) to the NC'I)f (. 1hu\ever, eerciderl a tcv addition.
Inr.ide.n.t #t
201900955 5/18/2019
repair. 'T"llcre °ere no si trs leadi.r , tr1, tt tl c ,
The pipe had a l.ongifuciinal crack and the ent
made, the area affected \vas cleaned and restoration occurred,
a
Station)
n hrea.k ol^ the l rl littc . `l`ltis break occurred
grayity, ()t e,e cli cr erect tl e. Teak. we
that 4v=Torkec:l thru the night 10 snake the

Incident Date Location
201900966 5/23/2019
706 White Oak Drive(I/ores t Pa -k Pump Station)
Fife SS() listed in this section \vas due to a force main break of the pipeline. This break occurred
on our wastewater easement at 706 White Oak Drive. Once we discovered the break, we began a.
pump/haul o1 station and mobilized a team that made the repair within a few hours. There
were no signs leadingup to the break. that would *indicate a 'failure was to occur. 'Hie pipe had a
longitudinal crack and the entire joint of pipe was replaced. Once repair was made, the area
affected was cleaned and restoration occurred, This pump station is currently under construction
as an entire replaccmenTineluding new wet -well, electrical panels, new ARV's, and generator
set.
Incident 4 Date Location
201900977 5/28/2019
Response;
2844 (ray Fox Road Pump Station)
The SSO listed in this section was due to a force main. break of the pipeline. This break occurred
beside the driveway to the pump station near a power pole. ()nee we discovered the break, 'we
began a .puttipthaul of the station and mobilized a Learn that made the repair \vithin a few hours.
There vere no signs leading up to the break that would indicate a failure was to occur. Tile pipe
WaS split from a power pole guide wire anchor installed when the new pole was set. Once repair
was made. the 'iirea affected was cleaned and restoration occurred.
1..A..1PW also has an aggressive Capital huprovernent„Program throughout -1. -xi ears. „ he
projects include;
Crooked Creek Basin improvements - $24,759,922.00
Crooked (...)-eck Interceptor kriprovements Ph, " $9,915,500.00
Suburban Estates .PS and FM - 5 1,000,000.00
Waxhaw Interceptor — 3,200,000,00
\\71,\I PS Improvements - $3„600,000.00
Collection System. SS'FS & Rehab — $2,080,000 (not including $85k annually in
(Jperations)
PS l.ipgrades $300,000 annually

Mercury Minimization Plan
\Nie request that the requirement for a Mercury Minimization Plan (MMP) be removed from our permit,
ilhe effluent mercury data from our four Priority Pollutant Scans demonstrates ail average discharge
concentration of 0.77 ngft„, and a iiiiaxittintin discharge COricen.tration of 1.1ne 1 Our effluent data is less
than the Water Quality Based and Technology Based Effluent Icirnits. Additionally, we svill be required to
develop a plan to address ther)ental Ainalgam Rule. which should address any issues associated with
nrercury.
If you have any questions regarding any of the NPDES permit renewal application materials, please
contact line at [phone] or andfflieffiirskunioncounkinc.gosi,
Sincerelv.
Andress Neff, PE
Water and Wastewater Division Director
Attachments
Cc: llyong Yi, Public Works Adtriinistrator
Bart Farmer, Union County Public Works, Water Reclamation Facilities Superintendent
Jonathan Jordan, Union Counts, Public Works, Supervisor Twelve Mile Creek WRF
Mary Sadler, PE, Hazen and Sass yer
Jim Struve. PE, liazen and Sassyer

CERTIFIED MAIL: 7016 1370 0000 2596 0764
RETURN RECEIPT REQUESTED
June 20, 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-20t9-DV-0257
Sanitary Sewer Overflows - May 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. 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
201900955 5/18/2019 1,050 2103 Lytton Lane Pipe Failure (Break)
2,960 2,960 Notice of Violation
w/ Intent to Enforce
201900966 5/23/2019 75 706 White Oak Drive Pipe Failure (Break) 1,500 1,500 Notice of Violation
201900977 5/28/2019 70 2844 Gray Fox Road other, Pipe Failure 1,500 1,500 Notice of Violation
(Break)

This Notice of Violation / Notice of Intent to Enforce (NOVJNOI) 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 (s25,000.00) 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 me in the Mooresville Regional Office at 704-663-1699
or via email at corey.basincer bncdenr.gov.
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