WQCS00009_Enforcement_20180517

RO'Y'COOPER
'ijiclb-0FL-S" -�kE' AN
Iscre*y
Waterkesourc& I�INDX-CULPEPPER
FNVTROXMMUL
June 11, 2018
Harry M Wilson, Director Executive
Water and Sewer Authority of Cabarms County
232 Davidson Hwy
Concord, NC 28027
Subject: Payment Acknowledgement
Civil Penalty Assessment
W&S Authority of Cabanus Co Collection System
County Cabarms
Permit WQCS00009
Case No. DV-2018-0040
Dear Mr. Wilson.,
This letter is to acknowledge receipt of Check No. 00069979 in the amount of $1,370.36 received from you dated
5/25/2018. This payment satisfies in hill the civil assessment levied against the subject facility and this case has been
closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the
applicable statutes, regulations, or perimts.
If you have any questions, please call Wren Thedford at 919-807-6397.
Sincerely,
Wren Thedford
,Administrative Assistant
Water Quality Permitting Section
ec: Laserfiche # DV-2018-0040
Mooresville Regional Office Supervisor
State ofbiorth Carnfina I Enyhwuneatal Quality J Water Resources
610 Em Center Avenue, Suite 301,hfooresAllc, NC 28115
704-663-16"

0
Certified Mail # 7015 1520 0002 6880 3945
Return Receikt Requested
May 17,2018
Harry M. Wilson, Executive Director
Water and Sewer Authority of Cabarrus County
232 Davidson Hwy
Concord, NC 28027
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. WQCS00009
Water and Sewer Authority of Cabarrus County
W&S Authority of Cabamis Co Collection System
Case No. 1 V-2018-0040
Cabarrus County
Dear Mr. Wilson:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $11370.36 ($1,250.00 civil penalty
+ $120.36 enforcement costs) against Water and Sewer Authority of Caharrus County,
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
, Report submitted by ew
5-DaN y Water and Ser Authority, of Cabarrus County. This review has shown the subject facility to
�
be in violation of the requirements found in Collection System PennitNo. WQCS00009 and G.S. 143-215.1(a)(I), 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 Water and Sewer Authority of Cabarrus County violated the
terms, conditions or requirements of Collection System PermitNo. WQCS00009 and GS, 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 GS.
143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
oft e Department of Environmental Quality and the Director of the Division of Water Resources, 1, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Water and
Sewer Authority of Cabarrus County:
State of North Carolina I Environmental Quality [water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-169c)

s
d .,. ,4aT`or FkA the I violations of Collection System Permit No. WQCS00009 and G.S. 1 3.215.l(a)(1) for
Sanitary Sewer Overflow() resulting in a discharge without a valid permit.$1,25Q.00 TOTAL CTVIL PENALTY
120.36 Enforcement Cost
Pursuant to G.S. 143,_215. A(c), in elate pining the amount of the penalty I have taken into account the Findings of Fact and
C."onc.lu ions of I,aw and the factors set forth at G.S. 143 -2 2.1(b), which are:
t l) The degree and extent of harm to the natural: resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violati n
() The effect on ground or surface water quantity or quality or on air duality;
(4) The cast of rectifying the damage,
() The amount of money saved by noncompliance,
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying 'or failing to, comply with programs over which the Environmental
Management Commission has regulatory authority; and
() The cost to the State of the enforcement procedures.
Within izt thirty (0) days of receipt of this notice, you tr mst do one of the following:
(1) Submit payment of the penalty,, OR
(2:) Submit a written request for remission, CI
(3) Submit a written request for an administrative hearing
Option 1 ; Submit payment of the penalty;
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
orn� ). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation( ).
Please submit payment to the attention of
Steven l.,ewi
PER.CS Unit
Division of eater Resources
1617 Hail Sr ,ice Center
Raleigh, North Carolina 276 -161 T

F'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, tar more of the civil penalty assessment factors in NC,GS 143B-282, I (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 inwriting, The
Director of the Division of Water Resources will review your evidence and infonn 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 fu ' her appeal of the penalty, to the Environmental Management Commission's Cortunittee on Civil Penalty"
Remissions (Committee). Please be advised that the Commute ' e cannot consider information that was not, Part of the
original remission request considered, by the )irector. Therefore, it is very important that you prepare a complete and
thorough statement in support, of your request for remission.
In order to rgq kk rernis q must g�Ltwk submit the enclosed -KS ue,,t
�uuLyo -,)it of Civil Penal .�i ties
_�p gr Remissit
Wq iv Pr cd Riaht fn anAiirninktnaflve Hearina and ',�finu I ation of Fact,;" form within thirtv f30) davq of receint of this
R'ernission,Rg,questf
Both forms should be, submitted to the following address -
Steven Lewis
PERCS I Ifnit
Division of Water Resources
16177 Mail Service Center
Raleigh, North Carolina 27699-16 17 ,
AND
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Suite 301, N-Mooresville, NC 28115

Option 3: File A_pSjjjj2p rar an administrative hearLnXwith the Office of Administrative -Hearin
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice, A petition is considered filed
when it is received in the Office of Administrative Hearings during nor-rnal office hours. The Office of Administrative
Hearings accepts filings Monday through 1"riday between the hours of 8:00 a.m. and 5:00 p-rm, except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §1 50B-23,2) is received in the
Office of Administrative Hearings within seven (7) bushiess days following the taxed or electronic transmission. You
should contact the Office of Adrmnistrativejjleariiigs_�yift All -q!kq5tnm5 re the fpeanitVia-the details of the
gar k!_Z_
tiin
P,
The mailing address and telephone and fax riumbers for the Office (if Administrativel-learings are, as follows:
6714 Mail Service Center
Raleigh,NC. 276996714
rel: [phone]
Fax[phone]OO
One (1) copy of the petition must also be served on DEQ as follows -
Mr. William F, Lane, General Counsel
Department of Environmental Quality
1601 Mail Set -vice Center
Raleigh, North Carolina 2-1699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter& as evidenced by an internal
date trine received stamp (riot a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may, be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Lon Snider with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via ernail at li,)ti.-,ttiderLdinedetir.gov.
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
A T"I'ACIJMI,'.N'-FVS
Cc: WQS 'Mooresville Regional Office - Enforcement File
PERCS ComplianceJ.,,riforcernent Unit - Enforcement File

rJUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2018-0040 County: Cabarrus
Asses,sed Party: Water and Sewer Authority of Cabarrus County
Permit No.: WQCS00009 Amount Assessed: j$,.70, 6 _L
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remiss On,
Waiver oj'Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that arequest 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 violatiOD(S) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document, Pursuant to N.C,G.S, § 14313-282.1 (c), remission of a civil
penalty may be granted only when one or more of the following five factors apply, Please check each factor that you
believe applies to yourcase and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed),
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282. I(b) were wrongfully applied to the
detriment of the petitioner (the aysessmentmac tors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violatiorl (i.e., explain the
steps that you took to correct the violation and prevent.,future occurrences');
(c) the violation was inadvertent or a result of an accident (i.e,, explain wily the violation was unavoidable or
somethingyou could not prevent or preparefor);
(d) the violator had not been assessed civil penalties for any previous violations,
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i,e., explain
how payment q(the civil penalty will prevent youfrom performing the activities necessar�v to achieve
compliance,).
EXPLANATION:

STATE OF NOR -I'll CmAIt.OLIN 1 I. EPA TT+ E-NT OF N'VIR0 M, ,F fAL Ql..;ALIT
OUIN Y OF CABARRU
INTYIE MA'FTEROF ASSESSMENT WAIVER OF RIGHT TO Al
OF CIVIL PENALTIES AGAINST ADMINISTRAT EVE REARINGAND
STU"U'LATION OF FACTS
Water and Sewer Authority of Cabarrus County
.utbo ity of Cabarrus CoCollection System
IsI Mrr NO, QC: CittCltl9 CASE NO.DV-2018-0040
I laving been, assessed civil penalties totaling Slm t °Ct„3ta;fcit violation(. ) as set forth in the, ass sstttnnt document of the
Division of Water Resources dated May, .i 7', 9 1, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the ri„ txt to an administrative hearing in the above -stated matter and does stipulate that the facts are ass
alleged in the assessment document. nt. The tartdcrsifned ffirther understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director for of the Division of Water Resources within thirty t30 days
of rece i t of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) dais
from the recipt of the notice of assessment.
-Flus the �a. _e .__.. _. _. ,� clay of � ._ _.._. ._.�� m, 20

WSACC
ISO 1400:201!1 + NC Star?61ic 5�dor OHSAS IONI1007
May 8, 2018
CtktJFI50 MAIL REQUEST
RETURN RECEIPT REQUESTED
K Gorey Basinger, Regional Supervisor
Water Quality Regjwal Operations Section
Division of Water Resources� NCDEQ MRO
610 East Center Avenue, Suite 301
Mboretvillo, NC 28115
WATER & SEWER ALFrHORrTy
OF CABARRUS COUNTY
AdmInistrative Offices
232 Davidson Hwy, Concord, NC 28027
704.786�1783 # 704,795,156� Fax
Rocky River Repor4 WVffP
6,100 Breezy Lane, Concord, NC 28025
704.788,4164 4 704,786,1967 Fax
vvww,vvsacc,org
V
V
NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY (NOV4018-DV-01 14)
Sariffary Sewer OVerflows � March 2018
WSAOG Collection Sy$tem Permit WQC800009
TVSAGG_i§7ffi receipt ot the su�ect notice regarding e sanitary sewer ove near i -it o 7799"TTT
Drive, NIE, in Concord (NC). Fbl!oground information and the stops taken as a result
of the overflow,,
4) A contractor was hired to make the necessary repairs to the iirrterceptor and stabilize the ROW With
large diameter 6p rap. The contractor also installed a V culvert to al�low the drainage channel to
return to the path the flow had fdllowed in 2009.

WSACC will continue to monitor this area along with other areas throughout its system. WSACC will also continue
to be proactive in protecting its facilities and take all steps possible to prevent future spills, If you have any
questions or concerns,. I may be reached at 7 4-7 -41 4,1 -1 13 or via email at c once ,anon w-s cc.org
Sincerely;
Chad Von an cn, P
Assistant Engineering Director
V/blc
M Tim Miser y A
Wayne Lyles 'SA ;r
Beverly 'Metcalf WSA

Attachment - Aerial Photos of Cold Water tree 1 " later eptor Sewer

CERTIFIED MAIL. 7015 1520 0002 6880 3921
RETURN RECEIPT REQUESTED
April 17, 2018
Harry M Wilson, Director
Water and Sewer Authority of Cabarrus County
PO Box 428
Concord, NC 28026
SUB)ECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-OV-0114
Sanitary Sewer Overflows - March 2018
Collection System Permit No. WQCS00009
WV &S Authority of Cabarrus Co Collection System
Cabarrus County
Dear Mr, Wilson:
lodderit staft Duration
Number Mite (M i ns) Ldcaticin
201800452 3/23/2018 195 1175 Crosspointe Dr.
NE
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
Pipe Failure (Break), 210,301 210,301 Notice of Intent
Severe Natural
Condition
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,
State of'North Carolina � EnvironmentalQuality l Water Resources
610 East CenterAvenue, Suite301, Mooresville; NC M115
704-663-1699

This office requests that you respond to this tip , in writing,within i 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 Lon Snider with the Water Quality Section in the
Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
Docu i ro d by.
tAl4CG681gF27d 6.:
W. Corey Easinger, Regional Supervisor
Water Quality Regional Operations Section
ooresville RegionalOffi
Division of Water Resources, NCDEQ
c: Mooresville Regional Office -'WQS File
Central Files, grater Quality Section
State of North Carolina I Eriviti+rurientai taality � %Vater R Etso arse
616 East Cwater Avenu , Suite 301, Mooresville, NC 28115
704- 63-169 t

ATTACHMENT A
Water and Sewer Authority of Cabarrus County
CASE NUMBER: DV-2018-0040
PERMIT O: WQCS00009 REGION: Mooresville
FACILITY: W&S Authority of Cabarrus Co Collection System COUNTY: Cabarrus
Offer Violations
INCIDENT VIOLATION TOTALVOLUME PENALTY
NUMBER GATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT
0180 312312018 ISSO(Saww c Overflow) i char Wthout valid permft 210,301 $1,250,00

NCD - Division of Water Resources
Water
Quality Regional Office Operations Section - Mooresville
Sanitary Sewer Overflow Penaltyatria
Violator,
Assessor: a.
Case #:Date:
SSC? bat
ASSESSMENT FACTORS G.S. s- .1{b}
1. Harm:
�.
�.�w. ....... � ,�...�....M _.�
* Duration and Gravity of the violation
z
_._._.. _ .,...._._. _ ..m.....
_ :: ._.._ _ _ . ........._
� �
. f e t on Water Quantity or Quality:'
.,.......... ....�_.�,�.. �.,.,�.�..� ._._.__ .,..:..��.__._.,.M..,,����_,...._._.............._�.�� ..,,_.. ,._..,_m....:._ __..
_..�.... ...��._� ......,.,_......�I
4. Cost of Rectifying Damage:#
..
. Amount saved by Noncompliance:
m..e_ .v. ._.......... __._ .- w._.,m....... ....
�
j
Y
6. violation was committed willfully or
.......,. _..�...�._.. ..,_, .._,._�., .,._.u.__.�__.,,..„. .. .,..,:gym ...., .,
..._�x
i
Intentionally
Et i
. Prior record of failing to comply with
�, .
3
Sanitary Sewer Overflows:
6
I
. Enforcement nt Costs:
1
PENALTY AMOUNT:
Comments: Lt"
AA-