WQCS00054_NOV-2019-DV-0347_20190822

ROY COOPER
G&v-�rrlor
K41 HAEL S. RECAN
Secretary
LINDA CULPEPPER
arwtpr
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7015 1520 0002 8376 2135
RETURN RECEIPT REQUESTED
August 22, 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-0347
Sanitary Sewer Overflows - July 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
201901141 7/7/2019 27 2103 Lytton Lane Pump station 500 500 Notice of Violation
equipment failure
201901233 7/14/2019 340 5012 Lydgate Drive Debris in line 8,500 Notice of Violation
Intent to enforce
Insufficient info on how
8500 gallons did not
reach the stream
NorthCaro I,naDepartmer.tofErv:rar.irerta Quairty I DimsianofWater Resources
Woo resv:15eRegom:Off.-oe 1 610 East Center Aveaue,Suite3011 Mooresv ie,North C$roiina28115

Incident Start Duration
Number Date (Mins) Location
201901280 7/23/2019 225 4015 Sardis Church
Road
Total Vol
Total
Surface
Vol
Water
Cause (Gals)
(Gals) DWR Action
Severe Natural 9,000
9,000 Notice of Violation
Condition
Intent to enforce
201901288 7/25/2019 100 211 Cupped Oak Drive Pipe Failure (Break)
2,500 500 Notice of Violation
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 Michael Meilinger or me in the Mooresville Regional
Office at 704-663-1699 or via email at michael.meilinger(c�r�,ncdenr.gov or corey.basin er e,ncdenr.gov.
Sincerely,
Doc1�uSiignne�d 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
NortY Cara- na Departmentof Erv:ror.merts'Qua: ly I Mrsoftof Water Resourozs
Mooresv eF fl•:lra Off Del 51ff Ea2l DeDler Avenue, Suae 3011 Mooresv e,North 0sro-:na28115