NC0069841_LV20160158_20160803 (2)

PAT MCCRORY
Gover
DONALD VAN DER VAART
urc es
QUAL IT
November 9, 2016
Mr, Ed Goscicki, Public Works Dir.
Union County Public Works
500 N Main Street, Suite 500
Monroe, NC 28112
Subject: Payment Acknowledgement
Crooked Creek WWTP#2
Permit Number: NC0069841.
Case Number: LV-2016-0158
Union County
Dear Pe-rraittee:
E R M A N
This letter is to acknowledge receipt of payment in the amount of $4, 600.5 received from you
on 11/09/2016. This payment satisfies in full the above civil assessment (s) 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 Statues, Regulations, or
Pen -nits.
If you have any questions, please contact Wren Thedford at 919-807-6397,
Sincerely,
Wren. Thedford
Wastewater Branch.
cc: Central Files
NPDES
Mooresville Regional Office
ratr: aDPNorth Carolina
16'17 Mail service Center Raleigh, North Carolina 2..7699-161'7
919 807-6i0t
R
n

Certified Mail # 7015 1520 0002 8386 7731
Return Receipt Requested
August 03, 2016
Mr, Ed Goscicki, Public Works Director
Union County Public Works
500 N Main Street, Suite 500
Monroe, NC 28112
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of'North Carolina General Statute (G.S.) 14 215b1(a)(6;
and NPDES WW Permit No, NC0069841
Union County
Crooked Creek. WWTP 42
Case No. LV-2016-0158
Union County
Dear Mr. Goscicki:
This letter trans rr its a Notice of Violation and assessment of civil penal
+ $100.53 enforcement costs) against Union County.
he amount of $4,600,53 ($4,500.00 civil penalty
This assessment is based upon the following facts: a review has been conducted of' he discharge monitoring report (DMR)
submitted by Union County for the month of February 2016. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NNC0069841.. The violations,
which occurred in February 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Union County violated the terms, conditions or requirements
of NPDES WW Permit No, NC0069841 and G.S. 143-215.1(a)(6) 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 G,S, 143-21.5,1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the 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 Union County:
State of North Carolina Environmental Quaiaty ( wafer Resources
610 East Center Avenue, Suite 301,Mooresvill , NC 28115
704-663-1699

$1,500.00
$1,500.00
$1,000.00
$500.00
$4,500.00
$100.53
$4,600.53
1 of the 1. violations of 143-215.1(a)(6) and Permit No.NC0069841., by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for BOO Conc.
I of the 1 violations of 143-2.15.1(a)(6) and Permit No.NC0069841, by discharging waste water into
the waters of the State in 'violation of the Permit Monthly Average for TSS - Conc.
2 of the 2 violations of 143-215A (a)(6) and Permit No.NC0069841, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Conc.
.1. of the 1 violations of 143-215.1(a)(6) and Permit No.NC0069841, by discharging waste water into
the waters of the State in violation of the -Permit Weekly Average for TSS - Conc.
TOTAL CIVIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the
Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of hann to the natural resources of the State, to the public health, or to
resulting from the violation;
(2) The duration and gravity of the violation;
The effect on ground or surface water quantity or quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures..
(4)
(5)
(6)
(7)
Within thirty (30) days of receipt of this notice, you must do one of the o owing:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission., OR
(3) Submit. a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Findings of Fact and
private property
over which the Environmental
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s),
Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

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 or more of the civil penalty assessment factors in NCGS 143B-282.1(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 in writing. The
Director of the Division of Water Resources will review your evidence and inform 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 further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearin and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing the Office of Administrative Hearings:
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 normal office hours. The Office ofAdministrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m.. and 5:00 p.m., 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 §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings w thaILqe 'ons re ardin •1 e filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of AdministrativeHearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel.
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
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/time received stamp (not 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. Roberto Scheller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at roberto.schellenncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS MooresvilleMooresvitle Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

ATTACHMENT A
Union County
CASE NUMBER: LV-2 1 - 15
PERM1T: NC0069841
FACILITY: rook d Creek TP #2
IT VIOLATIONS)
SAMPLE LOCATION: Ouffall 001 - Effluent
Violation Report
Date
MonthNr Parameter
2/6/2016 2-2016 SOD,5-Day (20 Deg,
D) - Concentration
REGION: Mooresidme
COUNTY: Union
Unit of Calculated Over Violation Penalty
Frequency Measure Value Value i.knit Type Amount
3 X week mg/1 16 81 440.0
I/1/eekly $500.00
Average
Exceeded
2/20 016 2-2016 SOD, 5-Day (20 Deg, 3 X week g/I'
- Concentration
.110 40,5 Weekly
Average
Exceeded
2/29/2016 2-2016 BCD, 5-Day (20 Deg 3 Xweek
Concentration
10 g1.90 219,2 Monthly
Average
Exceeded
$500 00
.00
2-2016 Solids, Total 3 X week mg/I 45 152.50 194,7 Weekly $500,00
Suspended Average
Concentration Exceeded
2/29/2016 2-2016 Solids, Total
Suspended
Concentration
3 X week
30 48,30 51.1 Monthly $1,500.00
Average
Exceeded

Case Number: LV-2016-0158
Assessed Party: Union County
Permit No.: NC0069841
JUSTIFICATION FOR REMISSION REOITEST
County: Union
Amount Assessed: $4,600,53
Please use this form when requesting remission of this civil penalty, You must also complete the "Request For Retnission,
Waiver of 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 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. Pursuant to N.C,G.S. § 143B-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 your case 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. 143B-282..1(b) were 'wrongfully applied to the
detriment of the petitioner (the assessment actors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation andpreventjiiture occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(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 explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA.
COUNTY OF UNION
IN THE T'T"R OF ASSESS` `1 T
OF CIVIL PENALTIES AGAINST`
Union County
Crooked Creek WWTP
P1 T NO .1 00 Sd 1
S 1:
P NT OF ENVTIT,0 , T QUALITY
ER OF RIG TO AN
STRAT
AT ON OF FACTS
CASE NO. 1ENT- 1 015
Having been assessed civil penalties totaling $ , 1Io for violation(s) as set forth in the assessment document of the
Division of Water Resources dated August 03„2016, the undersigned, desiring to seek remission of the civil penalty, does
hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as
alleged in the assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within this days
of receipt of the notice of assessment, No new evidence in support of a remission request will be allowed after ( d) days
fromthe receipt of the notice of assessment:
he _ day of
DSS
SIONA`T` i
TELEPHONE

Certified Mail # 7015 1520 0002 8386 7571
Return Receipt Requested
June 9, 2016
Mr. Ed Goscicki, Public Works Director
Union County Public Works
500 N Main Street, Suite 500
Monroe, NC 28112
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0310
Permit No. NC0069841
Crooked Creek WWTP #2
Union County
Dear Mr, Goscicki:
A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg, C) - 2/6/2016 15 81 Weekly Average Exceeded
Concentration (CO310)
O01 Effluent Solids, Total Suspended - 2/6/2016 45 132.6 Weekly Average Exceeded
Concentration (CO530)
001 Effluent BOD, 5-Day (20 Deg. C) - 2/20/2016 15 21.08 Weekly Average Exceeded
Concentration (CO310)
001 E
uen
BOD, 5-Day (20 Deg. C) 2/29/2016 10 31.92 Monthly Average Exc
Concentration (CO310)
001 Effluent Solids, Total Suspended - 2/29/2016 30 48,32 Monthly Average Exceeded
Concentration (CO530)
State of North Carolina ( Env en
610 East. Center Avenue, Suite 301, t
1fld-/sAL.1 FQ4
Water Resources
ille, NC 28115

A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General
Statute (G.S.) 143-215.1 and the facility's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not
more than twenty-five thousand dollars (s25,000.00) 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.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Discharge
Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty
assessment may be prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
Additionally and if you have not already done so, you may wish to consider registering to use the Division's new
e-DMR system for the completion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the following address:
http://portal.ncdenr.org/web/wq/admin/bog/ipuiedmr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of
the Mooresville Regional Office at 704-663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
744-663-1699

Facility:
Parameter
Date Paramete
DMR Revi
Permit No.:
Month
Permit Limit
Record
)HI Pipe No.:
Average Violations
DMR Value
WeeklylDaily Violations
Limit Type DMR Value
MonthlYear:
110 Over Limit
Action
Action
Monitoring Frequency Violations
Date Parameter Permit Frequency Values Reported # of Violations Action
Completed by:
Assistant Regional
Supervisor Sign Off:
Regional Supervisor Sign
Off:
Date: (/
Dat
Date:
2/3/2016, 1:17 PM
DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Union County
Facility Name: Crooked Creek WWTP #2
Permit Number: NC0069841
County: Union
Case Number: LV-2016-0158
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State
property resulting from the violation;
1144.- .
2) The duration and gravity of the violation;
3) The effect on ground or surfacewater quantity or quality or on air quality;
e
public health, or to private
4) The cost of rectifying the damage;
The amount of money saved by noncompliance;
/
6) Whether the violation was com—!...:%,*-
it-6 -1444„,rxe"4"z".-4 4..At
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority. A 12-month compliance period review
(February 2015 to January 2016) found the following violations:
05/2015 - Monthly Average BOD, Weekly Average BOD, Monthly Geo Mean Fecal Coliform, Weekly Geo Mean
Fecal Coliform, Weekly Average TSS LV-2015-0211
06/2015 - Weekly Geo Mean Fecal Coliform - LV-2015-0025
08/2015 -Weekly Geo Mean Fecal Coliform NOV-2015-LV-0787
12/2015 - Weekly Average BOD, Weekly Average TSS, Frequency Toxicity - NOV-2016-LM-0024
8) The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office is 100.53
Regional Office Clerical Staff -one hour $ 15 00
Enforcement case preparation staff time - one hour $ 33.13
Regional Office Supervisor review - one hour $ 55.40
Toter $ 100.53
W. Corey Basinger, Regional Supervir
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ