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HomeMy WebLinkAboutWQCS00054_Notice of Violation_20230315 I. . 'osta ervice CERTIFIED MAIL° RECEIPT O Domestic Mail Only n ✓ For delivery information,visit our website at www.usps.com i tQ^a • Certified Mail Fee $ Extra Services&Fees(check box,add fee as appropriate) 3 ❑Return Receipt(hardcopy) $ • ❑Return Receipt(electronic) $ 3 ❑Certified Mail Restricted Delivery $ 1/4"r� 3 ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ 3 pneta„a ✓ s UNION COUNTY 500 N.MAIN STREET U = SUITE 70 U MONROE NC 28112 7 . ATTN:BRIAN MATTHEWS,INTERIM CO.MGR. dwr/jh 3/15/23 ,ertinea mail service proviaes me following nenetlts: A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. LISPS®-postmarked Certified Mail receipt to the A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service"' -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. nportant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail®,First-Class Package Serviceu, available at retail). or Priority Mail'service. -Adult signature restricted delivery service,which Certified Mail service is not available for requires the signee to be at least 21 years of agi international mail. and provides delivery to the addressee specified Insurance coverage is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail items. USPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addresse • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES,enter delivery address below: 0 No UNION COUNTY 500 N.MAIN STREET SUITE 70 MONROE NC 28112 ATTN:BRIAN MATTHEWS,INTERIM CO.MGR. 31573 II I IIIIII IIII Mill II I II I I II 111111111111111111 II')II I II II I 1 I1 II I I 3. Service Type ❑Priority Mall Express® ❑Adult Signature ❑Registered MaiIT'" ❑Adult Signature Restricted Delivery 0 Registered Mail Restrict 9590 9402 7471 2055 3993 07 iQertifledMail® Deliveryertitled Mail Restricted Delivery 0 Signature Confirmation' ❑ Ilect on Delivery 0 Signature Confirmation 0 A ....r,..,Tr,ncfo,bl,r„oa.,,,,,o tnhon 0 Collect on Delivery Restricted Delivery Restricted Delivery I Mail 7022 0410 0000 7789 4582 I Mall Restricted Delivery --, - _500) PS Form 3811.July 2020 PSN 7530-02-000-9053 Domestic Return Receio USPS TRACKING# 2 First-Class Mail Postage&Fees Paid USPS 1111113 I I�. I 4 LPermit No.G-10 0 9590 9402 7471 2055 3993 07 m m m United States •Sender:Please print your name,address,WWnd ZIP+.j in t111S box Postal Service NCDEQ/WQROS Ft* b5 z 610 E. CENTER AVENUE C)N o p SUITE 301 m N Q MOORESVILLE NC 28115 `� D 1 m Ili'iIJi,ijlIii iiial'JIIIIIIIIIiIIIIII11IIi11'11111111111111111f F ILE" ,,,,,,,,,,,,, ROY COOPER "4' Governor � n I' ELIZABETH S.BISER SecrefarV �. RICHARD E.ROGERS,JR. NORTH CAROLINA Direr for Environmental Quality Certified Mail # 7022 0410 0000 7789 4582 Return Receipt Requested March 15, 2023 Brian Matthews, County Interim Manager Union County 500 N Main St Ste 70 Monroe, NC 28112 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0140 Sanitary Sewer Overflows - February 2023 Collection System Permit No. WQCS00054 Union County Collection System Union County Dear Mr. Matthews: 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 Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202300271 2/12/2023 235 5419 Silver Creek Dr, Inflow and Infiltration 6,795 6,500 Notice of Violation Waxhaw, NC, 28173 Intent to Enforce 202300291 2/13/2023 590 2230 Wesley Chapel Rd, Other, Pipe Failure 29,500 29,000 Notice of Violation Indian Trail, NC, 28079 (Break) Intent to Enforce 202300292 2/13/2023 330 7001 Sedgewick Rd, Other, Pipe Failure 165,000 164,000 Notice of Violation Indian Trail, NC, 28079 (Break) Intent to Enforce D_E North Carolina Department nt Cnvuonmentai Qu a6 v Dl i,uin nt Kater Resources ,/ Mooresville Regional Office b10 fast Center venue.Suite i111 Moore,r,lk North Cemlina?hll, rri / 704 bn.1.109 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202300293 2/13/2023 330 7001 Sedgewick Rd, Other, Pipe Failure 3,300 300 Notice of Violation Indian Trail, NC, 28079 (Break) 202300334 2/21/2023 92 3385 Rainbow Dr, Grease, Roots 1,380 1,280 Notice of Violation Waxhaw,NC, 28173 202300348 2/22/2023 77 2840 Gray Fox Rd, Other 150 0 Deficiency, No Further Monroe, NC,28110 Action 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 Joanna Harbison with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at joanna.harbison@ncdenr.gov. Sincerely, —DocuSigned by: A+a+cw H P4..44 '—F161FB69A2D84A3... Andrew H. Pitner, P.G., Assistant 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 D_E Q P North Carolina Department of Environmental Quaky I Divison of Warm Resources Mooresville Regional Office!810 East Center Ave,ue.5wte 101 Mooresville.North Carolina 28115 704661.8018 Union County Water UNION N 6400 Goldmine Rd. (rserf fiche ° ' 10 COUNTY Monroe, NC 28110 WATER T. 704-289-1434 April 3, 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-0140 Sanitary Sewer Overflows — February 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 # Date Location 202300271 2/12/2023 5419 Silver Creek Drive, Waxhaw, NC 28173 The SSO listed in this section was due to a heavy rain event causing flooding that overwhelmed our system. Heavy rain fell across much of North Carolina on Sunday February 12, 2023. The rainfall measured at this location was 1.54 inches within 12 hours. We are reviewing our Master Plan data to identify any sources of I&I in this basin. Incident -# 202300291, 202300292, and 202300293 Date- 2/13/2023 Addresses; 2230 Wesley Chapel Rd, Indian Trail, NC, 28079 7001 Sedgewick Rd, Indian Trail, NC, 28079 The SSO's listed in this section was due to a force main break and, once discovered. Once the sewer force main leak was discovered, our Poplin Road Pump Station was shut down. As a result, overflows occurred at the above locations and the break location overflowed several times during the line shut down and repair. Incident # Date Location 202300334 2/21/2023 3385 Rainbow Drive, Waxhaw, NC 28173 The SSO listed in this section was due to grease accumulating in the line causing a backup. We took immediate action by jetting the main to clear the blockage. Education material was distributed upstream of the area and routine cleaning will be increased. Incident # Date Location 202300348 2/22/2023 2840 Gray Fox Rd, Monroe, NC, 28110 The SSO listed in this section was due to a valve failure. We took immediate action by conducting a pump and haul while a new valve was installed. Union County Water also has an aggressive Capital Improvement Program. The projects include: Crooked Creek Basin Improvements - $1M (based on $200K annual funding) Waxhaw Interceptor under construction — $6,150,000 Wastewater Pump 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/Replacement Program 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: $2.4M ($200k FY24; $900k FY25; $200k FY27; $1.1M 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. 2 Thank you for your consideration on this issue. Sincerely, 1 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 3