WQCS00054_Notice of Violation_20230411

W CO NN Y
WATER
April 11, 2023
Union County Water
4600 Goldmine Rd.
Monroe, NC 28110
T. 704-296-4210
RECEIVED
APR 21 2323
PERCS Branch
Division of Water Resources �a
1617 Mail Service Center NC®EQ/DWR/NPDES
Raleigh, NC 27699-1617
Subject: Notice of Violation & Assessment of Civil Penalty
Case # DV-2023-0059
• Incident # 202300176
• Incident # 202300177
• Incident # 202300179
• Incident # 202300180
• Incident # 202300181
Collection System Permit — WQCS00054
Union County Water
To Whom It May Concern:
Union County is submitting payment for the assessed penalties of Case # DV-2023-0059 which
is attached. Please note UC Water did respond to the Notice of Intent Tracking # NOV-2023-
DV-0109 on March 9, 2023 which is also attached. We would like to note that the Notice of
Intent # and the Case # do not match and desire our response included in the record with the
payment. If further information is required, please feel free to contact me at 704-296-4215.
Sincerely,
Andrew Neff, PE
Water/Wastewater Division Director
cc: Hyong Yi, Public Work Administrator
Josh Brooks, Assistant Director, WaterNVastewater Operations
Greg Morgan, Utility Field Services Superintendent/ORC
Andrew Pitner, Regional Supervisor

ROY COOPER
Covemor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7022 0410 0000 7789 4667
Return Receipt Requested
Brian Matthews, County Interim Manager
Union County
500 N Main St Ste 70
Monroe, NC 28112
4 3
NORTH CAROLINA
Environmental Quality REEIVED
APR 21 2023
March 30, 2023Nrr)EQ/DWR/ PDES'
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00054
Union County
Union County Collection System
Case No. DV-2023-0059
Union County
Dear Mr. Matthews:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,878.16 ($3,750.00 civil penalty
+ $128.16 enforcement costs) against Union County.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Union County. This review has shown the subject facility to be in violation of the requirements
found in Collection System Permit No. WQCS00054 and G.S. 143-215.1(a)(1). The violation(s) that occurred are
summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Union County violated the terms, conditions or requirements
of Collection System Permit No. WQCS00054 and G.S. 143-215.1(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).
of NorthCarolina
Regional
o610 East Centall rAvenryI Suvision ite
Moorer Resources
NoFt
Mooresville Recponal Office 1610 East Center Avenue. Sulte 301 I Mnorcartlk.lJorth Carolina 28115
704.6611699

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 NCGS 14313-282.1(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 remission must 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 you must complete and submit the enclosed "Request for Remission of Civil Penalties.
Waiver of Right to an Administrative Hearing. and Stipulation of Facts" form within thirty 130) dads of receipt of this
notice. The 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 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Andrew Pitner, 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

ATTACHMENT A
Union County
CASE NUMBER: DV-2023-0059
PERMIT NO: WQCS00054
FACILITY: Union County Collection System
Other Violations
INCIDENT
VIOLATION
NUMBER
DATE
VIOLATION TYPE
202300177
1/30/2023
CSO/SSO(Sewer Overflow)
202300176
1/30/2023
CSO/SSO(Sewer Overflow)
202300181
1/31/2023
CSO/SSO(Sewer Overflow)
202300180
1/31/2023
CSO/SSO(Sewer Overflow)
202300179
1/31/2023
CSO/SSO(Sewer Overflow)
VIOLATION DESCRIPTION
Discharge without valid permit
Discharge without valid permit
Discharge without valid permit
Discharge without valid permit
Discharge without valid permit
REGION: Mooresville
COUNTY: Union
TOTAL VOLUME
(GALLONS)
PENALTY
AMOUNT
31,475
$1,000.00
72,000
2,375
$1,000.00
$0.00
3,600
$750.00
23,375
$1,000.00
APR 21 2023
NC®EQ/®WR/NPDES

U COUNY
WATER
March 9, 2023
Mr. Andrew H. Pitner, P.G.
Assistant 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-2023-DV-0109
Union County Water
500 Ncuth Main Street
Suite # 600
Monroe, NC 28112
T. 704-296-4210
Sanitary Sewer Overflows — January 2023
Collection System Permit — WQCS00054
Union County Water
Dear Mr. Pitner:
Union County Water 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 Water to the NCDEQ. However, we have added a few additional facts in the
explanations below.
Incident -# 202300176. 202300177. 202300179. and 202300180
Date- 1/30/2023-1/31/2023
Addresses;
1111 Austin Chaney Road, Wingate, NC 28174
1470 NC-205, Marshville, NC 28103
4610 Monroe Ansonville Road, Wingate, NC 28174
The SSO's listed in this section was due to a contractor boring through a sewer force main.
After the force main was hit, several of our Eastside Pump Stations were shut down. The result
caused MH# 2700, MH# 2701, and MH# 2646 to spill during the line repair effort. The SSO
which occurred at the intersection of Monroe Ansonville Road and Austin Chaney Road was at
the location of the hit force main. The other two SSOs occurred as a result of the repair effort
downstream since the repair lasted through the night into the following day. Since the line was
properly located, the contractor responsible has been billed $41,214 to date.

Incident # Date Location
202300181 1/31/2023 8299 Kensington Drive, Waxhaw, NC 28173
The SSO listed in this section was due to debris causing a backup —debris wedged inside the
gravity sewer. We took immediate action by jetting the main to clear the blockage.
Union County Water also has a Capital Improvement Program which includes a number of
projects directed towards improving the wastewater collection system and avoiding SSOs. The
projects include:
➢ Crooked Creek Basin Improvements - $1 M (based on $200K annual funding)
➢ Waxhaw Interceptor under construction — $6,150,000
➢ Wastewater Pum Station Improvements - $3,500,000
➢ Crooked Creek Interceptor Improvements- $16,000.000
➢ 12 Mile Creek I & I Abatement: $2.3M planned for FY24 — FY28 ($400k each for FY24 &
FY25; $500k each for FY26, 27 & 28)
➢ Septic Tank Assessment/Re lacement Pro ram Northside: $2.56M currently available
for gray water system replacement & $7.8M total planned with annual allocations from
FY24 —FY28
➢ Septic Tank Assessment/Replacement Waxhaw: $1.2M currently being used in FY23
with $2.9M planned for FY24; project complete after FY24
➢ Wastewater R&R Program: $10.2M planned FY24 — FY28 (annual allocations ranging
from $1.9M to $2.2M)
➢ Collection System SSES: $2.41VII ($200k FY24; $900k FY25; $200k FY27; $1.1 M FY28)
Union County Water continues to invest funds into SSES work, capital improvements,
maintenance, FOG, and operations to improve the wastewater collection system. If further
information or details regarding the projects listed above are needed, please feel free to contact
Greg Morgan, Superintendent/ORC, at 704-289-3288 or myself at 704-296-4215.
Thank you for your consideration on this issue.
Sincerely,
a"C'
Andrew Neff PE
Water/Wastewater Division Director
cc: Hyong Yi, Public Works Administrator
Josh Brooks, Assistant Director, Water/Wastewater Operations
Greg Morgan, Utility Field Services Superintendent/OR
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