NC0085359_Enforcement_20130128

Pat McCrory
Governor
NCDEart
Nort Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, RE. John E. Skvarla,
Director Secretary
Jar
uary 28, 2013
CERTIFIED MAIL 7010 1870 0001 1558 1191
RETURN RECEIPT REQUESTED
Mr. Ed Goscicki, Public Works Director
Union County Public Works
500 North Main Street, Suite 500
Monroe, North Carolina 2.8112-4730
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
143-215.1 (a)(6) and NPDES Permit No. NC0085359
Twelve Mile Creek: WWII'
Union County
Case No, I:V-201.3-0015
Dear Mr. Goscicki:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$947.44 ($800,00 civil penalty + $147.44 enforcement costs) against Union County .Public Works.
This assessment is based upon the following facts: A review has been conducted of the self -
monitoring data reported for September 2012. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No. NC0085359. The violations are
summarized in Attachment A to this letter.
Based upon the above facts, :I conclude as a matter of law that Union County Public Works
violated the terms, conditions, or requirements of NPDES Permit No. NC0085359 and North Carolina
General Statute (G.S.) 14.3-21.5.1(a)(6) in the manner and extent shown in Attachment A. A civil.
penalty may be assessed in accordance with the maximums established by G.S. 143-215.6A(a)(2).
Based upon the above findings of fact. and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources and the Director
of the Division of Water Quality, I, Michael L. Parker, Surface Water Protection Regional Supervisor
for the Mooresville Region, hereby make the following civil penalty assessment against Union County
Public Works:
Mcoresve Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] ) Fax: [phone] Customer Service: 1-877-623-6748
Internet) hViitportal,ncidermorgiwebtwq
An Equai Opparlunit•y- Affirmat6re con EmplcoT - 30% Recyc,Leti'10% Fc,st CGPSUMef per
One
NorthCarolina
tura,*

500.00 For I of the one (1) violation. of G.S. 143-215,1(a)(6) and
NPDES Permit No, NC0085359, by discharging waste into the
waters of the State in violation of the permit weekly average
effluent limit for ammonia.
300.00
800.00
147.44
947.44
For _I of the one (1) violation of G.S. 143-215,1(a)(6) and
NPDES Permit No. NC0085359, by discharging waste into the
waters of the State in violation of the permit monthly average
effluent limit for ammonia.
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUF
Pursuant to G.S. 143-215.6A(c)„ in determining the amount of the penalty 1 have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air qu.ality,
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations. were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which
the Environmental Management Comrnission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the Ibllowing:
1.. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiverform). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Point Source Cornpliance/Enforcement Unit
Division of Water Quality
161.7 Mail Service Center
Raleigh, North Carolina 27699-161.7
OR
2. Submit a written request for remission including a detailed justification for such request:

'lease 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 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 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 Quality at the address listed.
below. In determining whether a remission request will be approved, the following factors shall be
considered:
whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(h) were
wrongfully applied to the detriment of the petitioner;
whether the violator promptly ,abated continuing environmental damage resulting from
the violation;
Whether the violation was inadvertent or a result of an accident;
W h e th e r the violator had been assessed civil penalties for any previous violations; or
whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all information presented in support of your request for remission must be
submitted in writing. The Director ofthe Division of Water Quality wilt review your evidence and
inform you (Allis decision in the matter of your remission request. Tile response will provide details
regarding case status, directions for payment, and provision for .further appeal of the penalty to the
Environmental Management Commission's Com.mittee 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 "Waiver of Right to
an Administrative Hearing and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that you complete and submit the enclosed
"justification for Remission Request." Both limns should be submitted to the following address:
Point Source Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1.617
OR
File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statetnent 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 of Administrative

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
is required by NCGS § 150.B-23.2) is received in the Office of Administrative Hearings within
. (7) business days following the faxed or electronic transmission. You should contact the
Office of Administrative Hearings with all questions regarding thefiling fee and/or the details of the
fling process. The mailing address and telephone and fax n.urnbers for the Office of Administrative
Hearings are as follows:
Ofi.ce of Administe Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
"Tel: [phone] Fax: [phone]
One (1) copy of the petition must also be served on :DF.NR as follows:
Mary Penny 'Thompson, General Counsel
DIN R.
1601 Mail Service Center
Raleigh, NC 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 w ithin thirty (30) days of receipt of this noti ;
evidenced by an internal date/time received stamp (not a postmark), will. resultt in this matter beir
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
review period of this assessment. If the violations are of a continuing nature not related to operation
wish.
problems, and you anticipate remedial construction
y activitieshen ou may,.
and,nsrde,r a..__� t
ormairitcnance
to co si applying for a Special Urger by Consent. If you have anv questions about this civil penalt
assessment or a Special Order by Consent/ please contact the Water Qu.alit\ Section staff of the
Mooresville Regional Office at [phone].
Michael l . Parker. Regional Supervisor
Surface Water Protection - Mooresville Regional Office
Division of Water Quality,
ATTACHMENTS
cc: Mooresville Regional Office Compliance File w.P` atttachrrients
Raleigh Compliance/Enforcement File w/ attachm.ents
Central Files wl attachments
mlp/ma
, as
g

ATTACHMENT
CASE NO. EV-2013-0015
Ottt a Date Para eter•
001 eek ending 9122712 monin
001 3 / 2 Ammonia
Reported t Value
4. g ,
2.2 mg/L
eckly average)
lonthly average)
The Union, County Public "ork sponse to N tV-2d1 - -0024 received on J tuary
22, 2013, and the information provided on the epternher 2012 DMR was reviewed by
DWQ staff Mitigating factors were found that resulted. in a reduced civil per al y amount,

FATE t)l ? CAROT I A C .PAT TMENI OF EN 1RONMENT
AND NATI:AI RESOLIRCES
COUNT' T 15 ICON
"T1 MATTER 1y ASSESSMENT
OF I"VI1_, PENALTY AGAINST
UNION COUNTY P T;,I WORKS
PERMIT NO, N '00 535
W„AIVER OF RIGHT TO A1_
AT MI 11 TRA°11V1 H A.RIN( AND
STIPULATION < T ON 1 FACTS
F1T
-00 1.5
vin lean assessed civil penalties totaling $947.44 for viola,tinn(s)as sct e r h in the
assessment documentof the Div( on of Water Quality dated January 28, 2013, the undersigned,
desiring tea seek rcrrrissiot" of the civil penalties, does hereby raiv the right to an administrative
hearing in the above- stat d 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 Quality within 30 days of
receipt of thnotice of assessment. No new evidence in support of r rrrission request will be allowed
fitter 0 das from the receipt (lithe notice of assessment;
fhis the
day of
P110N1
BY
20.1

Sr CAT. ON FOR 'SS - EST
!IPFIIIr'DWQ Case Number: LV-2013-0015
Assessed Party: Union County Public Works
County: 'Union
Permit Number: NC0085359
Amount Assessed: $94744
Please use this form when requesting remission of this civil ,penalty. You must also compete the
".Reguest For Remission, Waiver of Right to an ,4dministrative 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 assessnient document.
Pursuant to N.C.:A-3.S. § 143B-282,1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. 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 civii penalty assessment factors in. N.C,G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated coral fling environmental damage resulting from. the
violation explain the steps that you took to correct the viol tin and prevent f ture occurrences);
(c) the violation nadvertent or a result of an accident (i,e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
the violator had not been assessed. civil penalties for an previous lotions;
(e) payment of the civil penalty will pevent payment for th.Jpjnnecessary remedial
actions, (i. e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance
EXPLANATION: (use additional pages as necessary)

Violator:
Facility:
County:
Case Number:
NORTH CAROLINA DIVISION OF WATER QUALI
ASSESSMENT FACTORS
Union County Public Works
Twelve Mile Creek WWTP
Union
TV-2013-0015
Permit Number: NC0085359
Y
1) 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;
No harm has been documented; however, the discharge of ammonia in excess of the permit limit
could potentially cause aquatic toxicity concerns downstream of the facility, The plant was
discharging between 3.34 MGD and 471 MGD for the week ending September 22, 2012, that
resulted in weekly and monthly ammonia permit limit exceedances.
2) The duration and gravity of the violation; The ammonia concentration during the week ending
September 22, 2012, ranged from < 1 0 mg/L to 9,0 mg/L resulting in a weekly average of 4.4 mg/L,
which exceeded the permit limit of 3.0 mg/L by 46.1%. These elevated concentrations contributed to
a monthly average concentration of 2.2 mg/L; exceeding the permit limit of 1.0 m /L by 122.7%,
3) The effect on ground or surface water quantity or quality or on air quality; The effect on the
receiving stream is unknown Ammonia -nitrogen is an in -stream toxicants and oxygen -consuming
waste; increased concentrations could reduce the amount of oxygen available to aquatic organisms,
4) The cost of rectifying the damage; The cost is unknown.
5) The amount of money saved by noncompliance; The amount of money saved by noncompliance is
unknown
6) Whether the violation was committed willfully or intentionally; The Division of Water Quality has
no evidence that the violations were committed willfully or intentionally. The permittee contacted staff
from the Mooresville Regional office during September 2012 to provide notification of equipment
failures (mechanical and electrical) that would result in non-compliance at the Twelve Mile Creek
WVVT P.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; There have been CPAs
issued in the past twelve months for the Twelve Mile Creek WWTP
8) The cost to the State of the enforcement procedures; The cost to the Division of Water Quality is
$147.44.
Michael L. Parker, Regional Supervisor
Surface Water Protection - Mooresville Regional Office
Division of Water Quality

MONITORING REPORT(MR} VIOLATIONS for:
PERMIT: NC0085359
FACILITY: Union County Public Works - Twelve Mile Creels WWTP COUNTY: Union
Report Date: 01/08/13
Page: 1 of 1
REGION: Mooresvl
emit Violation
MONITORING OUTFALL I VIOLATION UNCT OF CALCULATED
REPORT PPI LOCATION PARAMETER DATE FREQUENCY MEASURE LIMIT VALUE OVER LIMIT VIOLATION TYPE
09 -2012 001 Effluent Nitrogen, Ammonia Total (as 09/22/12 5 X week mg/I
N) w Concentration
VIOLATION ACTION
4,38 46 11 Weekly Average Exceeded Proceed to NOV
09 -2012 001 Effluent Nitrogen, Ammonia Total (as Q9f30/12 5 X week mg/I 2.23 122.73 Monthly Average Exceeded Proceed to NOV
N) - Concentration