NC0085359_Enforcement_20140716

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July16, 2014
CERTIFIED MAIL 7010 1870 0001 1558 1306
RETURN RECEWT REQUESTED
Mr, Edward Goscicki, Public Works Director
Union County Public Works
500 North Main Street, Suite 500
Monroe, North Carolina 28112-4730
Dear Mr, Goscicki:
tAmai
ii6ata
John E. Skvarla,
Secretary
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations ofNC. General Statute
143-215.1(a)(6) and NPDES Permit No. NC0085359
Twelve Mile WWTP
Union County
Case No. TV-2014-0103
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$899.22 ($750,00 civil penalty + $149.22 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 January 2014, 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 (GS.) 1.43-21.5,1(0(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. 143-115,6A(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 Resources, I., Michael L. Parker, Regional Supervisor for the Mooresville
Region, hereby make the following civil penalty assessment against Union County Public Works:
Mooreevi4e Reg'Kfnal Office
Locafion. 610 East Center kv,.e,„ Su ae 301 Mootesv[ile. N.0 28115
Phone 7'.04`,1 663-16991 Fax: (704) Ef63-6.3fi40 1 Customer Service. 1,877-623-674.8
Interne,f htfifliport3finceenforgiwebt*
An Equal ooporlon,i.y. Acm,) Emocyef — RecyclediliA Pgsi Consumer paper

750.00
For I of the one (1) violation of G.S. 1.43-215.1(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.
7.50.00 TOTAL CIVIL PENALTY
$ 1.49.22 Enforcement costs
899.22 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the arn.ount of the penalty 1 have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14.3B-282.1(b), which are;
(I) 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;
(,) The duration and gravity of the violations;
(3) Th.e effect on ground or surface water quantity or quality or on air quality;
(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 Commission 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 following:
Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver "Om). 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 27699-16 7
OR
Submit a written request for remission 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 penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy
of any ofthe factual statements contained in the civilpenalty 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. Pease 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 G.S. 1.43B-282.1(b) -ere
wrongfully applied to the detriment ofthe 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 information 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
infomi you of his decision in the matter of your remission request. The response will provide details
regarding case status, directions for payment, and provision for further appeal of the penalty to the
En.viron_mental Management Commission's Committee on Civil Penalty R.ernissions (Committee)
Please be advised that the Committee cannot consider inforniation 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 statetnent 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 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 27699-161.7
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you ‘vish to contest any statement in the attached assessment document you must file a
petition for an administrative hearing. You m.ay obtain the petition form fro.m. 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
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-2 2) is received in the Office of Administrative Flearings itliin
1
seven (7) business days following the faxed or electronic transmission. You should contact the
Office of Administrative Hearings with all questions regarding the filing fee andlor the details of the
filing process. The mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Adm nistrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
'Tel: [phone]
Fax: [phone]
One copy of the petition rnust also be served on DENR as tblloi
Mr, Lacy Presnelt, Gerieral Counsel
DENR
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 exe.rcise on.e of the options above within thirty (30) d.ays of receipt of this notice,as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney Ge.nerars Office 'for collection of the 'penalty through a civil action.
Please be advised that additional penalties may be assessed for
review period of this assessment. If you have any questions about this
contact staff in the Mooresville Regional Office at [phone]..
AT ACHMENTS
ions that occur after the
penalty assessment please
chael. L. Parker, Regional Superisor
Water QualityRegional Operations Section
Division of Water Resources, NCDENR
cc: Mooresville Regional Office Compliance File w/ attachments
Raleigh Compliance/Enforcement File wl attachments.
Central Files w/ attachments

001 1 3114 Ammonia 3.5 mg/1„
ATTACHMENT A
CASE NO. LV-2014-0103
Parameter Reported Value Permit Limit
2,0 mg/1„ (Monthly average)
The Union County Public Worksresponse to NOV-2014-1, 0261 received on
2014, was reviewed by DWR staff. Mitigating factors were found that resulted
reduced civil penalty ount.

STATE OF NORTI4 CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
UNION COUNTY PUBLIC WORKS
PERMIT NO, NC0085359
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
0, [-2014-0103
Having been assessed civil penalties totaling S$99.22 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated July 16, 2014, the undersigned,
desiring to seek remission of the civil penalties, 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 30 days
of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after 30 days from the receipt of the notice of assessinent.
This the
day of 2014
ADDRESS
BY
TELEPHONE

r.
,TUST F CATION FOR REMISSION REQUEST
DWR Case Number: DI-2014-0103
Assessed Party: Union County Public Works
County: Union
Permit Number: NC0085359
Amount Assessed: $899.22
Please use this folio when requesting remission of this civil penalty. You must also complete the
'Request For Remission, Waiver of Right to an ildministrative Hearirt•', 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. § 14.3B-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 civil penalty assessment factors in N.CG.S. 143B-282i(b) w-ere
wrongfully applied to the detriment of the petitioner (the assessment factors are listed
in the civil penalty assessment doczenent);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent
fiaure occurrences);
(c) the violation was inadvertent or aresuit 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 civii penalty will prevent paymentfor the remaining,necessary remedial
actions (Le, explain how payment of the civil penalty will prevent );oulrom performing
the activities necessary to achieve compliance
EXPLANATION: (use additional pages as necessary)

NORTH CAROLINA DIVISION OF WATER RESOURC S
ASSESSMENT FACTORS
Violator: Union Countiyr..Pubjic Works
Facility: Twtve N4iIe WWTP
County
Case Number:
Union
IN-2014-0261
Permit Number: N(0085359
I) The degree and extent of harm to the natu„ral 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 limits
could cause a decrease in the instream dissolved oxygen concentration downstream of the facility. In
addition, the discharge of elevated concentrations of ammonia can prove toxic to aquatic organisms
Discharges of nitrogen above the permit limits can lead to nutrient enrichment The receiving stream
is Twelvemile Creek, a class C stream, in Catawba River basin
2) The duration and gravity of the violation;
The BOD daily maximum permit limit was exceeded by 66.7% on November 19, 2011. The BOD
monthly average permit limit was exceeded by 85% and the monthly ammonia -nitrogen average
permit limit was exceeded by 200°/0 during the month of November.
3) The effect on ground or surface water quantity or quality or on air quality;
The best use of the receiving stream (Class C — fish/aquatic life propagation and secondary
recreation) may be altered due to reduced dissolved oxygen concentrations caused by assimilation of
oxygen -consuming wastes such as ammonia and could impact aquatic life propagation due to the
direct toxicity of ammonia.
4) The cost of rectifying the damage;
The cost is unknown.
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 Resources has no evidence that the violations were committed willfully or
intentionally. The permittee notes in their response that "there was an e-mail network communication
error between the outsourced contract lab and the Union County plant staff in the last couple of
weeks of January and the beginning of February. Due to the plant staff not receiving the lab reports,
they were not aware of the increase in the ammonia concentration in the effluent until early February
2014. When the issue was found, adjustments were made in the plant, and no further violations of the
ammonia limit have occurred"

The prior reeord of the violator in complying or failing to comply witb progra ove which the
1 nvironmental Management Commission has regulatory authority and
There have been 34 previous CPAs for the Twelvernile WWTP with no CPAs ssued in the pasi 12
months_
The cost to the State of the enforcernent procedures
The cost to the Division of Water Resources is $149 22
chael L, Parker, RegonaISuperVIS0r
Water Quality Regional Operations Section
Division of Water Resources, NCDENR

MONITORING REPORT(M
PERMIT: NC0085359
OLATIONS for:
FACILITY: Union County Public Works Department - Twelve Mile COUNTY: Union
Creek WWTP
Violationit
L
Report Dale: 05/05/ 4
Page' 5 7415
REGION: Mooresvill
MONITORING OUTFALL
REPORT PPI LOCATION
Di -2014 001 Effiaent
PARAMETER
Nitrogen, Ammonia Total (as
N) - Concentration
VIOLATION UNIT OF
DATE FREQUENCY MEASURE
01/31/14 5 X week
l't)
mg/I
LIMT
CALCULATED
VALUE
OVER LIMIT VIOLATION TYPE VIOLATION ACTION
3 51 V 75,25 Monthly Average E xceeded None

NPDES DMR Violation Penalty Worksheet
Facility:
Union County Twelvemile
WWTP
Previous CPAs:
0
Proposed
Multiplier:
Response
Information:
DMR:
January 2014 Flow:
Reduced Penalties:
NA
MGD
NOV-NRE
Response:
Yes No LI
DMR
Comments:
Yes Ej No Ej
The permittee (ORC) provided a response to the issued NOV-NRE that noted
As noted on the DMR there was an e-mail network communication error
between the outsourced contract lab and the Union County plant staff in the
last couple of weeks of January and the beginning of February. Due to the
plant staff not receiving the lab reports, they were not aware of the increase in
the ammonia concentration in the effluent until early February 2014. When the
issue was found, adjustments were made in the plant, and no further
violations of the ammonia limit have occurred. Internally, we have also
initiated a process to insure (sic) that reports are tracked and if they are not
received in a timely manner that the Union County plant staff is to immediately
contact the lab and retrieve the results."
DMR
Information:
There was one monthly average ammonia violation (3.5 mg/L, which
exceeded the pemiit limit of 2.0 mg/L by 75.3%, The DMR contains the same
note regarding the miscommunication between Union County staff and their
contracted laboratory.
Previous
Violation
Information:
The Twelvemile WVVTP experienced two instances of noncompliance in
the past 12 months; one NOV and one NOD were issued. NOV issued for
not monitoring copper and zinc twice per month during February 2013 and
NOD issued for exceeding the annual phosphorous loading (12-month
rolling average) in December 2013.
Other Relevan
Information:
Proposed
Penalty
Notes:
There were 16 during January 2014 that exceeded the monthly average
ammonia concetration of 2.0 mg/L (highest value was 6,3 mg/L).
Penalty
Outcome:
Increase 11 Decrease
Same
Page 1 of 1
Rev, 0, 1- 0 4