WQCS00054_NOV-2019-DV-0241 NOI_20190529

CERTIFIED MAIL: 7018-0360-0002-2099-2168
RETURN RECEIPT REQUESTED

May 28, 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-0241
Sanitary Sewer Overflows - April 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
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action _________________________________________________________________________________________________________________________________________________________________________
201900729 4/13/2019 335 6600 Stoney Creek Pump station 13,500 13,000 Notice of Violation
equipment failure w/ Intent to Enforce _________________________________________________________________________________________________________________________________________________________________________
201900730 4/13/2019 300 4015 Sardis Rd. Severe Natural 12,000 12,000 Notice of Violation
Condition 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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].

Sincerely,

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