WQCS00054_Regional Office Historical File Pre 2018 (14)

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
DANIEL SMITH
Dintotor
Certified Mail # 7016 1370 0000 2592 0492
Return Receipt Requested
March 06. 2
Mark V1'at,on. tm.`crtrr t
Union County
500 N Main St
Ste 918
Monroe, NC 28112
SU'BJiECT: Notice of Violation and A ,sessrnent of Civil. Penalty.
for Violations of North Carolina General Statute (G.S.) 143-2.15.1(a0)
and Collection System Permit No. WQCS00054
l.;niorr County
Union County Collection Systeni
Case No, DV-2020-0032
1.nnion. County
Dear `'lr.
This letter transmits a. N
olat:on and assessment of civil penalty in the amount of S376.93
S126,93 enforcement costs} against onion County,
This assess tttent is based upon the following facts: a review has been conducted of the Sanitary
5-Day Report submitted by Union County. This review has shown the subject facility to he in
found in Collection System Permit No. WQCS00054 and Ci,S. 143-215,1(00}. The violations) tha
summarized in Attachment A to thisletter.
SSO)
quirernents
Based upon the above facts, 1 conclude as a matter of law that Union County violated the terms, conditions or requiretnerrt=
of Collection System Permit No, WQCS00054 and G.S. 143-215, I (a)('1) 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 be assessed against any
person who violates the terms,. conditions or requirements of a permit required by G.S. 143-215.1(a),
intro of Eftworant
t Offtm) 410 Etni Cartier Avow* ,Sittt 301 t Hovey, heat'

Based upon trie above findings of fact and conclusions of law, and. in accordance with authority provided by the
Secretary of the Department of Environmental Qtiality and the Director of the Division of Water Resources, I, W. Corey
Basinger, Regional Supervisor, Mooresville Regional Office hereby' make the following civil penalty assessment against
Union County:
$250.00 For ) of the 1'Violations of Collection System Permit No. WQCS00054 and (Si,S 1,43-215.1fia)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid penbit,
,•$260c00 trOT.AL,CIVII, 'PENALTY
$126g2.3 EnffircementiCosits•
.$376S91 • 7:1701ALA:M0UN'UDITE
Pursttant to CkS. 143-215„6Ate). in determining the aTIVOLnn °tithe penalty I have taken into account the Findings of Fact and
Conclusions or Last and the, factors set forth at GaSi 1,13R-282,1(4 which are:
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,
(2') 'The duration and gravity of the violation:
(13) The effect oh ground or surface water quantity or quality or on air qualint
(4) The cost or rectifying the damage,
(5) The afflOUnt of money saved b noncompliance,
(6) 'Whether the violation was conmiiitted willfully or intentionally;
C7). The prior record of the violator in complying or railing to comply With programs over which the Entirominergal
Managentent Commission has regulatory authorityi and
(8) 'The cost to the Stale of the enforcement procedures,
ithirt th irty (30) days of receipt of this notice, ‘.i.yoti nurse do one of the following:
ti ) Stir:unit pa:tritert of the penalty, OR
(2) Stihrh it a written request for remission, OR
(-1.) SUbrn it a Britten request tor an administrative hearmg
()ption 1: Submit paynient of tbe penalty:
Payment should be made directly to the order of the Department of° Environmental Quality tdri not inchrtle ai ver
forrnk Payment of the penalty will riot ibreclose further enforcement action for any continuing or flew violation(s).
Please submit payinent to the attention oft
.P.E.RC,S •Brrinch:
DigisiOP. Of NVtet .ROSOOrteS.
f617-.N1aintSonSiOteneenthis
"NrittstitoCarolina 27699,-"1. 6

Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please he aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness 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 ofan adrninis•trative 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 he remitted, and submit it to the Division of Water Resources at the address listed below,
In determining Whether a remission request will he approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment 'tKtors in NCGS 143B-282,1(b) was wrongfully
applied to the detriment of the petitioner,
(2) •whether the violator prom.ptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident:
(4) whether the violator had been ;assessed civil. penalties for any previous violations, or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions,
Please note that all evidence presented in support of your request for remission "mist be submitted in writ•ing, 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, -rhe 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 (Commirte,e). Please be advised that the Committee cannot consider information that was not part dale
original remission request considered by the Director, 'ilierefore. it is very important that you prepare a complete and
thorough statement in support of your request for remission,
In order to request remission, you must complete and submit the enclosed "Rec., ues Remissic of Civil Penalties,
Waiverp(Right to an Administrative Hearin&,_', and Stipulation otFacts" form wit • •`rtv,..:1(0) days of receipt of this
notice. ''Ihe Division of Water Resources also requests that you complete and submit the enclosed -justification for
Remission Request:"
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mai! 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:, NCDFQ
610 Exit Center .Avenue, Suite 301
Suite 301, Mooresville, NC 28115

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest an statement in the attached tissessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of This notice. A petition is considered filed.
When it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p,m„ except for official state
holidays. `lhe petition may be tiled by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
The signed original, one (I) copy and a filing tee (if a 'tiling fee is required by 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 contact the Office of Administrative Hearings with all questions regarding, the filing fee and or the details of the
Tiiingprocess,,
The mailing address and telephone and fax numbers for the Office of AdministrativeFfearings are as follows:
6794 Mail Service Center
R.aleigh. NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also served on DEC) as follows:
Mr. William F. Lane. General. Counsel
Department or Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this tette ) 011 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 iriot a postmark), Will result in this matter being referred to the Anney General's Office for
collection of the penalty through a civil action. Please he advised that additional penalties may be assessed for violations
that occur alter the review period of this assessment,
If you have any questions. please contact Michael :Mellinger with the Division of Wa
Regional Office at [phone] or via email at michaehmeilinger''iii:i.s.incdenr.gov.
Sincerely,
DocuSigned by:
'AlACC681AF27425,_
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
i'vlooresville Regional Office
Division of Water Resources, INC DFQ
er Resot
AT-FACHMENTS
Cc: WQ.S. Mooresville Regional Orrice - Enforcement File
PER( S Compliance/Enforcement Unit - Enforcement File
ces
S
—of the Mooresville

ATION FOR REMISSION REQUEST
Case Number: DV-2020-0032
Assessed Party: Union County
Permit No.: WQCS00054
use this form when requesting rernis
),(Right to vn wlcirmr:istr ative .Lk ar in ?, crud Sapui
County: Union
Amount Assessed: $37Ef.93
penalty. You must also complete the "Request For Remission,
of Facts forrrt to request remission of this civil penalty.
should attach any, documents that you besupport your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requ
retttission 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..Ci.S. § 14 3B-282,1(c), remission of a civil
penalty may be granted only when one or more of the following
believe applies to your case and provide a detailed explanation, inLi
factor applies (attach additional pa<ge,s as needed).
detrime
of the civil pen,
petitioner the asscssme
(b) the violator promptly abated contin
,,ceps that you toe k to correct the v!c.3iatiota and prevent fttt re r.)ccz_rrreences)
neat factors
factors apply,
ase check each factor that you
copies of supporting doctrrne.r ts. as to w
a 3B-282.
it penal(
b) were wrongt
y applied to the
g environmental damage resulting front the violation (i.c., expiclin the
as inadvertent or a result of an accident (
>t prevent or prepare!
tad not been assessed civil penalties for any° previous viol
payment of the civil penalty will prevent payment for the IT
l penalty will present you ro n per.
complic
EXPLANATION:

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I%„ROE Rlcin TO ,
ADMINISTRATIVE 1111 RIN ,,;
STIPULATION OF FACTS
CASE NO. D\'2020-i 032
rred, desir
stated rat
tends that
as s assessrrterrt da1eart
eek renithe penalty.
crtd does stipulate that the farts are as rrllr ged i
pr se.nted in support of remiss ir n of this civil'
Within thirty 3(1) days ofr c eipz rrt the rtot.ice
tter t T71 days front the receipt
TEL k:C't-tO i1°;

PERMIT IT NOW WQCS00054
ATTACHMENT A
Union County
CASE "- 0 0-00
FACILITY: Union County Celle on System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
201900499
/9/ 019 aO/ SO(S wer Overflow)
'VIOLATION DESCRIPTION
Discharge wsth .ut vapid perrrrlt
REGION: Mooresville
COUNTY: Umon
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT

Union County
842
April 17, 2019
Public Works
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
Mooresville, NC 28115
Subject. Notice of Violation
Tracking #: NOV-2019-DV-0194
Sanitary Sewer Overflow March 2019
Collection System Permit — WQCS00054
Union County
Dear Mr. Basinger,
Union County has received the NOV referenced above for a collection system overflow,
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
20100499 3/312019
401S Sardis Church Road
Resppnse:
The SSO's listed in this section were due to l&I introduction during heavy rains and flash
flooding. The system associated with this area was inundated with floodwaters and increased
flows at CCWRF. The new CCWRF EQ system was being utilized to absorb the flow brought on
by the heavy rain. During peak hours the additional flow coupled with II in the system caused
hydraulic overload resulting in the SSO.
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 (CDM Smith/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.

CCVVRF is undergoing a significant plant upgrade which includes new headworks, a
3MG EQ basin, and process improvement. Total cost is $7.775M includes building a
new 10.3 MGD influent PS, new headworks containing new bar screens, compactor, and
grit removal/dewatering, 3MG EQ basin, and relocation of 1200' of 18" gravity sewer,
COM Smith is the design engineer. MB Kahn is the general contractor,
I&I flow studies have been conducted by CDM Smith (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
efficiently and consistently. The first initial 2017 target area is southwest of CCVVRF in
the Indian Trail area south of Hwy 74, west to the Union/Mecklenburg county line,.
Scope of Work has been developed, funding has been secured of approx„ $2M, and contract
was executed with AM liner to complete the rehab work„ Work has begun of the focused area is
due to be completed by the fall of 2019.
UCPW also has an aggressive Capital Improvement Program throughout the next 5 years, The
projects include:
Crooked Creek Basin Improvements - $24.259,922,00
i.- Crooked Creek Interceptor Improvements Ph, 1 - $9,915,5:00,00
Suburban Estates PS and FM - $1,000,000.00
Waxhaw Interceptor — 3,200,000.00
\A/W PS Improvements - $3,600,000.00
Collection System SSES & Rehab — $2.080,000 not including $85k annually in
Operations)
PS Upgrades - $300,000 annually
UCPVV's current CIP projects are also ongoing with projects including:
Waxhaw Sewer Improvements - $295,000 00
Blythe Creek Sewer Improvements - $3,083,200,00
Forest Park PS Replacement & Interceptor Improvements - $2,540 00 00
Crooked Creek I&I Study & Remediation - $2,538,300,00
Suburban Estates P5 replacement-$93300000
Union County Public Works continues to invest funds into SSES workcapital irnprovements,
maintenance and operations to improve the wastewater collection system, If further information
or details regarding the CCVVRF Improvements, as well as, the CIP projects listed above are
required, please feel free to contact Greg Morgan, Superintendent/ORC, at 704-289-3288 or
myself at 704-296-4215.

Thank you for your consid rathc n nn this issue
Sincerely,
Andrew Nett, PE
WaterANastewater Division Direc t
roc: Aubrey Lofton, ton PE, interim Executive Director
ctor
Josh Brooks, Assistant Director, WaterANastewatef Operations
Greg itilorgan, Utility Field Services Su rinton ent/ R

ROY C
l 1ICHALL S.
EG A.l,
LIN )A ,CULPE PER
NORH C/ LI A
&nY, vnmenralQuality
CERTIFIED MAIL: 7017 2620 0000 6788 4989
RETURN RECEIPT REQUESTED
April 11, 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-0194
Sanitary Sewer Overflows - March 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 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
Vol Water
(Gals) (Gals) DWR Action
Incident
Number
Start
Date
201900499 3/3/2019
Duration
(Mins) Location
Cause
180 4101.5 Sardis Church Inflow and
Road Infiltration, Severe
Natural Condition
2,100 2,100 Notice of violation
rv/ 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 (s25,0O0.00) 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-,1659
or via email at corey.basinger@ncdenrgov.
Sincerely,
OacuSi nod by;
A14CC681 AF27425 ..
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

CERTIFIED MAIL: 7017 2620 0000 6788 4989
RETURN RECEIPT REQUESTED
April 11, 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-0194
Sanitary Sewer Overflows - March 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 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
Vol Water
Cause (Gals) (Gals) DWR Action
Incident
Number
Start
Date
201900499 3/3/2019
Duration
(Mins) Location
180 4015 Sardis Church
Road
Inflow and
Infiltration, Severe
Natural Condition
2,100 2,100 Notice of Violation
w/ 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 me in the Mooresville Regional Office at 704-663-1699
or via email at corey.basinger@ncdenr,gov.
Sincerely,
iDocuSigned 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

NOV
Tony
SSO Evaluation Routing Slip
PERMI
EE:
Bar
y
Andrew
Corey I
wwwwit
2/22/2019, 9:55 AM
Copy of Collection system forms, SSO Evaluation Routing Slip

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Union County
Facility Name: Union County Collection System
Permit Number; WQCS00054
County: Union
Case Number: DV-2020-0032
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 documented. 11.0,10 er, the tin permitted discharttc u untreated
\tosietsoler leis the potential to adt, st* impact natural resources.
2) The duration and gravit: I the violation; As documented in Attachment A.
3) The effect on ground or surface water quantity or quality or on air quality; None documented. tiovvever, the
otiperrniiicd discharge of irri realer! NI astettater h:ts the potential titi ativersel!t impact surface waters.
4) 'The cost of rectifying the damage; 1„folov
5) The amount of money saved by noncompliance; ITitknow11
6) Whether the violation was committed willfully or intentionally; Not suspected to be willful or it
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 Stilts reporteti and htr ed,
8) The cost to the State of the enforcement procedures..
SI.26.93
3/6/2020
Date
D euSigned by:
A14CC681AF27425_
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCOEQ