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HomeMy WebLinkAboutWQCS00054_Notice of Violation_20230223 U.S. Postal Service- CERTIFIED MAIL® RECEIPT D Domestic Mail Only r ✓ For delivery information,visit our website at www.usps.cone. Certified Mail Fee $ •I ID Extra Services&Fees(check box,add fee as appropriate) 3 0 Return Receipt(hardcopy) $ ] 0 Return Receipt(electronic) $ . 31',Xtr4Z1-1(i—C< 3 DCertifled Mail Restricted Delivery $ 43p1 30 Adutt Signature Required A Adutt Signature Restricted Delivery$ 3 Postage ✓ urn. NJ 1111%)II WV 1,1 1 T - 500 N.MAIN STREEr- : SUITE 70 U u ' MONROE NC 28112 ATTN:BRIAN MATTHEWS,CO.INTERIM MGR. • dwr/jh 2/23/23 :ertified Mail service provides the following benefits: 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 Service®, 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 ag( 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. LISPS 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 mailplece; IMPORTANT!Save this receipt for your records. ENDER: COMPLETE- THIS SECTION COMPLETE THIS SECTION ON DELIVERY •III Complete items 1,sand 3. A Signature ■ Print your name and address on the reverse 0 Agent so that we can return the card to you. X 0 Addresse • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. D. =of D liver or on the front if space permits. 2 r�j 1. Article Addressed to: D. Is d ery address different from item 1? ❑Ye' UNION COUNTY If gt9i enter delivery address below: 0 No 500 N.MAIN STREET -„St- 54 SUITE 70 •O 4. i. (0) MONROE NC 28112 e\I ATTN. BRIAN MATTHEWS,CO.INTERIM MGR. ,— dwrhh V23125 3. Service Type Prorit Mail Ex ress® 1111111111111111111111 II III I ll I Ell I I l ❑Adult Signature t� Regist red Mail Adult Signature Restricted pel 0 Registered Mail Restrict Certified Mall® Delivery 9590 9402 7471 2055 3995 36 ❑ ertifed Mail Restricted Detivery 0 Signature Confirmation' ❑Collect on Delivery 0 Signature Confirmation D Article w irnhPr(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery Mail 7022 0410 0000 7789 4483^ Mail Restricted Delivery DS Form 3811_.lulu 2020 PSN Assn-nanfn-gnas nnmestic Return Renein USPS TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 7471 2055 3995 36 3 United States •Sender: Please print your name,address,an ZIP+4®in this fix• Postal Service m rn NCDEQ/WQROS < T, n 610 E. CENTER AVENUE 0 SUITE 301 �Q t� n MOORESVILLE NC 28115 SO ‘....1, O p N 0 Z t_J i b 5 iliiihili'Il'111'11iiiiiiillliiiii'iliiiiilriii lihihiiii'ii STATE F ILE ROY COOPER S! I� Governor r ELIZABETH S.BISER Secretary • `t`"'" RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7022 0410 0000 7789 4483 Return Receipt Requested February 23, 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-0109 Sanitary Sewer Overflows - January 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 202300176 1/30/2023 370 1111 Austin Chaney Rd, Pipe Failure(Break) 72,000 20,000 Notice of Violation Wingate, NC, 28174 Intent to Enforce 202300177 1/30/2023 1,259 1470 NC-205, Other 31,475 20,000 Notice of Violation Marshville, NC, 28103 Intent to Enforce 202300179 1/31/2023 935 4610 Monroe Ansonville Other 23,375 20,000 Notice of Violation Rd Wingate Intent to Enforce D_E Q Vorth Carollna Department nt Environmental Quality I plile6 on of Water Resources �/ Mooresville Regional Otfce bl0 East Center.\venue.Suite SOI Mooresville Vorth Carolina 1ttII V 704.bb3.I0 4 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202300180 1/31/2023 360 4610 Monroe Ansonville Other 3,600 3,000 Notice of Violation Rd Wingate NC Intent to Enforce 202300181 1/31/2023 95 8299 Kensington Dr, Debris in line 2,375 2,000 Notice of Violation Waxhaw, NC, 28173 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-oanna.harbisonCa ncdenr.gov. Sincerely, DocuSigned by: F161 FB69A2D64A3_. 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 Greg.Morgan©unioncountync.gov ands.neffCa�unioncountync.gov \orth Carolina Department of Ernironmrntal Qualms I Dntstnn of:at Resourres Moore villr Rrglonal O(licr t l0 East Center.\senue.Sunc 101 Mnoresv,lle North Carolina 28115 704 b61.1b44 ' RECEIVED/NCDEO/DWR �` G pion CountyWater (419UN MAR 15 ?t,. 500 North Main Street C QU ION N T Y Suite#600 WQROS Monroe, NC 28112 MOORESVILLE REGIONAL OFFICE WATER T. 704-296-4210 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 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 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. Thank you for your consideration on this issue. Sincerely, 04tf21- 1/1'cl vl 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 2