NC0085359_Enforcement_20170530

C 1 x l Penalty 1 Case 1 1 -111
Tee1e 1N1i1e Creek'u 11"1'
l eri it NC0085359
Plea, e file
re riling the i
1x Violation
Please le
c
1911 } ' 1 -;977
hettdygilcharLottenc.,g
eck number 1 a c 1." 'w l)1 -013 7
Mile reek y y 'TP, l e x alt '00 Al enelc red y 0
tiro e t ail dat d May ji}K C 17 its which a red z tic t of the original 1i e
e to contact me i l` twee

Certified IY1ail # 70151S20 0002 8376 4603
Return Receipt. Requested
May 30, 2017
Mr. Ed Goscicki, Public Works Director
Union County Public Works
5.00 N Main St
Ste918
Monroe, NC 28 112
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina. General Statute (G.S.) 1,43-215.1(aj(6
and NPDES WW Permit No. NC0085359
Union County
Twelve Mile Creek. WWTP
Case No. LV-2016-0137
Union. County
Dear Ed Goscicki:
This letter transmits a Notice of Violation and assessment of civil penalty in
+ $1.00.53 enforcement costs) against Union County.
a
ROY COOPER
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Dinytnr
ount of $1,250,53 ($1,15t1.00 civil penalty
This assessment is based upon the following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Union County for the month of January 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. NC0085359. The
violations, which occurred in January 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. NC0085359 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(aX2), a civil penalty may be assessed against any person
who violates the terms, conditions or requirements of a permit required by G.S.143-215,1(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, I, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the following civil penalty assessment against Union County:
State of North Caro lnet l Environmental Quality l Water 1es
610 East Center Avenue, Suite 301, Mooresv€lle, NC 28115
704-663.1699

$1 000.00 I of the 1 violations of 143-215.1(a)(6) and Permit No.NC0085359, by discharging waste water into
the watersof the State in violation of the Permit Monthly Geometric Mean for FCOLI RR.
0,00 Q of the 1 violations of 143-215.1(a)(6) and Permit No.NC0085359, by discharging waste water into
the waters of the State in violation of the Perrnit Weekly Average for NH3-N - Cone.
,1S0.00 of the 2 violations of 143-215.l(a)(6) and Permit No.NC0085359, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FC©LI BR.
$1,150.00 TOTAL CIVIL PENALTY
100.53 Enforcement Costs
$1 25.0.53 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282.1(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 violation;
(2) The duration and gravity of the violation;
(3) The 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 violation was committed willfully or inter tion 1y;
(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 (30) days of receipt of this notice, you must do one of the following:
(1.) Sub tn it payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Su.bmit 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 f nvironmental Quality (do not include waiver
form). Payrne:nt 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 ofan administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing arid 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 inforrn 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 Managetnent Commission's Committee on Civil Penalty
Remissions (Committee). Please he advised that the Committee cannot consider information that was not part rifthe
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 rernission, you must complete and submit the enclosed "Request for Remission ofCivil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty__134da s of recei t of this
notice, 'fhe 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 adrnintrative hearine with the Office o Ad
nisirative Hea
If you wish to contest any statement in the attached assessment document you mustfile 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.rn., 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 with all questionsregarding the filingfee and/or 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 Administrative I learings
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. William F. Lane, 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,[e-mail],
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

Case Number: IN-2016-0137
Assessed Party: Union County
Permit No.: NC0085359
JUSTIFICATION FOR RE IS ION REQUEST
County: Union
Amount Assessed: 11_250.53
Please use this forrn when requesting remission of this civil penalty. You must also complete the "Request For Remission,
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. 4 B-282.1(b) were wrongfully applied to the
detriment of the petitioner (the asses.sment facwrs are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (ie., expiain the
steps that you took to correct the violation and prevent f ture occurrences);
(c) the violation was inadvertent or a result of an accident (Le., 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 (Le., explain
how payment of the civil penalty will prevent youfrom performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH. C. RO NA
OI STY OF UNION
DI PARTMI N .NVIR0NI I I`ifi 1. QUALITY
IN °fHI! MATTER Or ASSESSMENT
OIL CIVIL PENALTIES AGAINST
Union County
Twelve Mile CreekW TP
$ ERI I f 140 41' W.4 5 J
OF RIGHT TO
ADMINISTRATIVE H: ' 1
STIPULATION OF FATS
A" N,
Having been assessed civil penalties totaling $1,250.53 for violations
Division of Water Resources dated May 30, 2017, the undersigned, desir:
hereby waive the right to an administrative hearing in the above -stated matter
alleged in the assessment document, The undersigned further understands that
remission of this civil penalty must be submitted to the Director of the Division of
of receipt of the notice of assessment t o new evidence in support of a remis
from the receipt ofthe n atice of as
TV%2016 013
This the day of
ADDRE,
he
ssrradrat document of the
calf remission. of the civil penalty, does
d does stipulate that the facts are as
videaace presented in support of
ater Resources within thirty (30) days
I be allowed after (30) days
SIGNA
RE;
TEL I IINh

PEF IT NO
FAC els
VIOLATIONS)
SAMPLE LOCATION: Outfall 001 Pent
Violation Report
Date Monthl`r Parameter
2t116 1 2016 Conform, Fecal MF,
MFC Broth, 44.5 C
L201
ATTACHMENT
Union Cotorty
CASE NUMBER: LV- - 1 7
Frequency
77 .
2 week ll`�l100m a1
Conform, Fecal MF,
MFC :roth,44.5 C
/2016 1-2r
2 X week
CoIif' rm, Fecal MF
MFC Froth, 44 C
REGION: Mooresville
COUNTY: NTY: Union
Calculated Over Violation
Value Value
4
Type
650,0 Weekly
W metric
Mean
Exceeded
400 417,80 ' 4 5
2 Xwreak #1100ffil 2t1
12016 1-2016 Nitrogen, Am la 5 , week m51I
Total (as N)
Concentration
2.70
Weekly
Geomettic
Mean
Exceeded
Monthly
Geometric
Mean
Exceeded
sleekly
Average
Exceeded
$0.

Basinger, Corey
From,- Basinger, Corey
Sent* Tuesday, May 3020178:13AM
To: [e-mail]'; Andy Neff; '[e-mail]
Co: Sc,eoe". nuve/o/. ,.".=..".==w
Subject: outstanding penalty settlement...
McGosddki,
Based on my telephone conversation with Henry Eudy this morning, below are the details ofthe two (2)outstanding civil
penalty assessments for Unio:n County:
1) LV'2016-0137 issued to Union County — Twelve Mile Creek WWTP on August 1, 2016 in the amount of
$1,SSO.53<$1,450.O0plus $1O0.53enforcement cost)
Aportion wfthis civil penalty was issued inerror. Specifically, the Ammonia- Nitrogen violation ($1SO) and one of
the Fecal [o|ifmrmviolations ($1SD)were issued inerror.
The revise d/cnrrectedcivil penalty assessment is$1,2S0.53/$1,1SD.00plus $1OO.53enforcement cnst>. Acupy
of the revised document is being mailed to your attention via certified mail today.
Pursuant tonnytelephone conversation with Henry Eudy the Division bprepared tzoffer asettlement Unthe
ammmuntof$l,02O.53/$8ZU.O0plus $20O.53enforcement cost\,which isa2O%reduction inthe penalty amount,
Should you choose toaccept this settlement offer, please remit payment tnthe Department ofEnvironmental
Quality inthe amount of$1,020,93tothe Mooresville Regional Office atthe following address:
NCDEO—DhiaionnfVVate,Resources
6l0E.Center Avenue, Suite 301
Mooresville, NC 28115
Attn: VV.Corey Basinger
I) LV'20l6'0ZI3issued 0oUnion County— Grassy Branch VVVVTPooOctober 28iJ016inthe amount of$226.34
($12S.UDplus $1U1.34enforcement costs)
Acopy ofthis case, dated October 26,2O16,isbeing mailed toyou today. |arnnot authorized tooffer any
settlement ofthis penalty. You may also remit payment |nthe amount of$326,34tothe address above.
| greatly appreciate the input and assistance ofMr. Eudyinthis process. Please allow mnetoagain apologize for the error
inthe original assessment nf caseLV-Z016-0137. |amhopeful that this caused noinconvenience for Union County.
Should you have any questions or comments, please do not hesitate to contact me directly at 704-235-2194.
Many thanks,
Corey
W. Regional Supervisor
Division ofWater Resources
Mooresville Regional Office
Department ofEnvironmental Quality

N ART1 I A, AT I A KON TNE=ACK TA AG;
City of Charlotte
CHARLOTTE, NORTH CAROLINA
ELLS FARGO BANK„ NATIONAL ASSOCIATION, CHAPEL HILL, NC 27514
COLLECTIBLE AT PAR. THROUGH THE FEDERAL RESERVE BANK, CHARLO "d"
ne Thousand Twenty Dollars and 53 cents
der"Of
DEPARTMENT OF ENVIRONMENTAL QUA
WASTEWATER BRANCH
DIVISION OF WATER RESOURCES
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699
City of Charlotte
600 East Fourth Street
Chae3atte„ NC 28202-2848
-7 j -03`1
000586 560 ':05 10 20 ?ci 2 2?5
Vendor Check Check
Number Date Numb
5711 08/01/2017 00586156
VOID 90 DAYS FROM DATE OF ISSUE
THIS DISBURSEMENT HAS BEEN
APPROVED AS REQUIRED BY THE
"LOCAL GOVERNMENT BUDGET AND
FISCAL CONTROL ACT"
RFC3289
Page
*Check pick -lap DEPT 7040
Comment'
Check Pick Up
of
DEPARTMENT OF ENVIRONMENTAL QUALITY
$1,020.5
rai.N z khrCROP
Check Number: 00586156

It;!:
„ -
IFezu
Water Resources
ENVIROUMENTAL QUAUTY
Certified Mail # 7015 1520 0002 8376 4603
Return Receipt Requested
May 30, 2,017
Mr, Ed Goscicki, Public Works Director
Union County Public Works
500 N Main St
Ste 918
Monroe, NC 28112
SUBJEC1: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215..1(a)(6)
and NPDES WW Permit No, NC0085359
Union County
Twelve Mile Creek WWTP
Case No, LV-2016-0137
Union County
Dear Ed Goscicki:
ROY COOPER
Governor
MICHAEL S. REGAN
Searfory
S. JAY ZIMMERMAN
Director
This letter transmits a Notice of Violation and assessment of civil penalty in •the amount of $1.,.250.53 ($1,150,00 civil penalty
+ $1100.53 enforcement costs) against Union County.
This assessment is based upon the 'following facts: a review has been conducted of the Discharge Monitoring Report
(DMR) submitted by Union County for the month of January 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. '.NC0085359,. The
violations,. which occurred in January 2016.., are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that Union County v•iolatedthe terms, conditions or requirements
ofNPDES WW Permit No. NC008535•9 and G.S. I43-21.5.1(a)(6) in the mariner and extent shown in Attachment A. In
accordance with the maximums established by G.S. 1.43-21.5.6A(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. 143-215..1(a).
'Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
ofthe 'Department of 'Enviromnental Quality and the Director of the Division of Water Resources, I, W. Corey Basinger,
Regional Supervisor, Mooresville Regional Office hereby make the 'following civil penalty assessment against Union County:
State of North Carolina Environmental Quality Water Resources,
610 Fast Center Avenue, Suite 301, Mooresville, -NC 28115
704-663-1699

a
$1,000.00 1 of the 1 violations of 143-215.1.(a)(6) and Permit No.NC0085359, by discharging Waste water into
the waters of the State in violation of the Permit Monthly Geometric Mean for FCOLI B.R.
$0.00 0 of the 1 violations of 143-2 1.5.1(a)(6) and Permit No.NC0085359. by discharging waste wa....r into
the waters of the State in violation of the Permit Weekly Average for NH3-N - Cone.
$150.00 1 of the 2 violations of 143-215.1(a)(6) and Permit No.NC0085359, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for .FCOLI BR.
150,00 TOTAL CIVIL PENALTY
$100,53 Enforcement Costs
50.53 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into accountthe Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14.313-282,1(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 violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air qu
(4) The cost of rectifying the damage;
(5) 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
(8) The cost to the State of the enforcement. procedures.
Within thirty (30) days of receipt of this notice, you must do one ofthe following:
(I.) Suhmit '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:
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
1.61.7 Mail Service Center
Raleigh, North Carolina 27699-1617

rr
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 rust 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 ofthe civil penalty will prevent payment for the rern.aining necessary remedial actions.
Please note that all evidence presented in support of)°our request for remission must be submitted in c ritfng. 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, yottn ust complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an AdministrativeHearing, and Stipulation of Facts" farnayvitl in thirty 1 ltt days of reeeipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed a trfcation 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 etition for an administrative hearing with 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 of Ad.ministrative
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 §1.50B-.23.2) is received in the
Office of Administrative Hearings within seven (7) business days followingthe faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding,the filing fee andlor the details of the
filingzoeess.
The mailing address and telephone and fax numbers for the Office of Administrative llearings are as .follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy ofthe petition must also be served on DEQ as follows:
Mr, William F. Lane, 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
dateltime 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 Sch.eller with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email at roberto.schelleancdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File

JUSTIFICATION FOR REMISSION REQUEST
Case Number: EV-2016-0137
Assessed Party: Union County
Permit No.: NC0085359
County: Union
Amount Assessed: $1,250.53
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
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. § 1.413B-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 i.n N.C.G.S. 143B-2812.1(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 continuing environmental damage resulting from the violation (le., explain the
steps that you took to correct the violation and preventinture occurrences.);
(c) the violation was inadvertent or a result of an accident 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 CAROI ENA
COUNTY OF UNION
IN THE MATTER OE ASSESSMENT
T CIVIL PENALTIES a GA N SnI
Union County
Twelve Mile Creek W" VTP
PERMIT . NC0085359
DEPAR 1 MEl T OF ENv 1R ON :RNTAL QUA 1T '
WAIVER OF RIGHT TO AN
ADMINISTRATIVE TI `AR T AND
STIPULATION LATION F FACTS
CASE NO. L' - 01 -01 '7
having been assessed civil penalties totaling 5 .53 for violations) s . forth in the assessrnent document of the
Division of Water Resources dated May 30, t 17, 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. 'I've 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 eater R.esouz es within thirty (30) days
eeeipt of the notice of assessment, No new evidence in support of a remission request will be allowed after (30) dams
from the receipt of the notice of assessment,
the day of
ATI
ADDRESS
S
L
TEl IIPI TON E

PER IT: NC0085339
ATTACHMENT A
Union County
CASE NUMBER: EV- 01 -C7
FACILITY: Twelve Mile Creek TP
IT VIOLATIONS)
SAMPLE LOCATION: Cll 001 - EEffluent
Violation Report
Date Mrthr!Vr Parameter
REGION: Mooresville
COUNTY Union
Unit of Limit Calculated °7 Over Violation
Frequency enure Value Value Limit Type
1 /2/2016 1-2016 Conform, Fecal MF 2 X week i100m! 400 3000.10 650.0 Weekly
MFC Broth, 445 C
Geometric
Mean
Exceeded
1/23t2016 1.2016 Conform, Focal MF, 2 X week ABOOtal 400 417i80 4.5 Weekly
MFC Broth, 44.5 C
�2016 1-2016 Conform, Fecal MF, 2 Xwrreak,
MFC Broth, 44,5 C
Geometric
Mean
Exceeded
Penalty'
Amount
1500t
00 3 8 54.3 Monthly
Geometric
Mean
Exceeded
016 1-2016 Nitrogen, Ammonia 5 X week argil 3.70 21.7 Weekly
Total (as N) - Average
Concentration, Exceeded
$1,000,00
0. C

Water Resources
NVI RoNM£NrAf_ rAU ALIT
Certified Mail # 7015 1520 0002 8386 7632
Return Receipt Requested
August 01, 2016
Mr. Ed Goscicki, Public Work Director
Union County Public Works
500 N Main St
Ste 918
Monroe, NC 28112.
PAT Mt RDR'
Gmerner
DONALD R. VAN DER V A ART
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S. 143-.215.1(a)(6)
and NPDES WW Permit No, NC0085359
Union County
Twelve Mile Creek WWTP
Case No, LV-2016-0137
Union County
Dear Mr. Goscicki:
This letter trans
+ $100.53 enfor
s a Notice of Violation and assessment of civil penalty in the amour
nt costs) against Union County.
Secret*
S. JAY ZIMMERMAN
n re fOr
550.53 ($1,450.00 civil penalty
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Union County for the month of January 2016. This review has shown the subject facility to be in violationof
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0085359. The violations,
which occurred in January 2016, are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Union County violated the terms, conditions or requirements
of NPDES WW Permit No. NC0085359 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. 143-215,1(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 ofNorth Carolina I Environmental Quality j Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$J ,000.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0085359, by discharging waste water into
the waters of the State in violation of the Permit Monthly Geometric Mean for FCOLI BR.
i150.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0085359, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for NH3-N - Conc.
S300,00 2 of the 2 violations of 143-215.1(a)(6) and Permit No,NC0085359, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for FCOLI BR.
$1,450.00 TOTAL CIVIL PENALTY
$300.53 Enforcement Costs
$1550.53 'TOTAL AMOUNT BUY
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282.1(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 violation;
(2) The duration and gravity of the violation;
(3.) The effect on ground or surface water quantity or quality.or„ottair quality; .....
(4) The cost of rectifying the damage;
(5) The amount of rnoney 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
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt ofthis notice, you must do one of the following:
(1)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
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
forin). 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 i.s 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 ofany ofthe 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, vou must complete and submit the enclosed "Request for Remission of Civil Penalties,
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- 7

Option 3: File a petition for an administrative hearing with 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 ofAdministrative 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 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 with all questions regarding the filing fee and/or 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 Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One 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 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 (252) 94,6-6481 or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement Fife
NPDES Compliance/Enforcement Unit - Enforcement File

Case Number: LV-4016-01.37
Assessed Party: Union County
Permit No.: NC0085359
HST CATION FOR IIl 11lISSION 11 FQUEST
County: Union
Amount Assessed: 550.53
Please use this form when requesting remission of this civil penalty. You roust also complete the "Request For Remission,
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 viol.ation(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-rnore-of the'civil-penalty assessment factors in N.C.CT.S. 1,43E-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 continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and preventfiture 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
how payment of the civil penal
compliance).
E PLANATION:
11 prevent payment for the remaining necessary remedial actions (rLe., explain
prevent you from performing the activities necessary to achieve

STATE OF NORTH CAROLINA
COUNTY OF UNION
Tl I TIER OF ASSESSMENT
OF (I IT.= PENALTIES AGAINST
T"
Union County
Twelve Mile Creek WWTP
PERMIT NO, NC;OO S359
DEPARTMENT OF ENVON T T t U.AI IIY
0` ' . C j T TO
AISTRATWE
T ILATION OF FACTS
CASE NO. EV- 01 O137
Having been assessed civil penalties totaling $ I, 0.53 for violation(s) as set forth in the as ess3nent document of th
DiVision of Water Resources dated .1 ° 7, 2016, the undersigned, desiring to seek remission o th:e civil periala does
hereby waAe the right to an administrative hearing in the above -stated anatter 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 thirty (30) days
of receipt of the notice ofassessment. No new evidence in support of a remission request will heallowed ter. p days
from the receipt of the notice of assessment.
This the
day of , 20
ADD , sSS
'( R
"TELEPT IC T

PERMIT: NC008535
FAciurt Twelve I Creek
VIO
ATTACHT
Union uny.
CASE NU BER: L'` 01 - 1 7
SAMPLE LOCATION: utfall 01 Effluent
Violation Report
Date MonthlYr Parameter Frequency
12/ 016 1-2016 Coliform, Fecal MF
MFC Froth, 44.5
2016 1- .0'16 Conform, Fe IMF,
MFC Froth, 44.5C
/2016 1-2016 Conform, Fecal`MF,
MFG Broth, 445
2016 1- 016
REGION: Mooresville
Union
Unit of Limit Calculated
Measure Value Value
Over Violation
mit Type
X week t 1 0 1 400 000E 10 650 0
X +reek i100m1 400 417,8
X week
Nitrogen, AMrnonaa 5 X week mg/l
Total (as N)
Concentration
Weekly
Geometric
Mean
Exceeded
Weekly
Geometria
Mean
Exceeded
200 308.60 54,3 Monthly
Geometric
Mean
Exceeded
3,70 21.7
Weekly
Average
Exceeded
Penalty
Amount
l,000a00i"

ITEVT.,:•" ,,,,,,'. r;',.'„ R.7172
. . „
Certified Mail # 7015 1520 0002 8376 3378
Return Receipt Requested
June 3, 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-0293
Permit No. NC0085359
Twelve Mile Creek WIMP
Union County
Dear Mr. Goscicki:
A review of the January 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent Coliform, Fecal MF,
Broth,44.5C (31616)
1/2/2016 400 3,000.12 Weekly Geometric Mean Exceeded
001 Effluent Nitrogen, Ammonia Total (as 1/2/2016
N) - Concentration (C0610)
Weekly Average Exceeded
001 Effluent Coliform, Fecal MF, M-FC 1/23/2016 400 417.81 Weekly Geometric Mean Ex
Broth,44.5C (31616)
Coliform, Fecal MF, M-FC 1/31/2016 200 308.58 Monthly Geometric Mean Exceeded
Broth,44.5C (31616)
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.
State of North Carolina I Environmental Quality Water Resources
610 East Center Avenue, Suite 301, lvicioresville, NC 28115
764-66A-16944

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:
htt ortancdenr.or webiwq/adminibog/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
704-663- 699

Certified Mail # 7015 1520 0002 8376 3378
Return Receipt Requested
June 3, 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 PENAL
Tracking Number: NOV-2016-LV-0293
Permit No, NC0085359
Twelve Mile Creek WWTP
Union County
Dear Mr, Goscicki:
00,
A review of the January 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceeclanc
Sample
Location
Violationfsh
Parameter
001 Effluen
Date
Limit Reported
Value Value Type of Violation
Coliform, FecalMF, M-FC 1/2/2016 400 3,000.12 Weekly Geometric Mean Exceeded
Broth,44.5C (31616)
001 Effluent Nitrogen, Ammonia Total (as 1/2/2016
N) - Concentration (C0610)
Weekly Average Exceeded
001 Effluent Coliform, Fecal MF, M-FC 1/23/2016 400 4 7.81 Weekly GeometricGeornetric Mean Exceeded
Broth,44,5C (31616)
001 EffluentColiform, Fecal MF, M-FC 1/31/2016 2 0 308.58 Monthly Geometric Mean Exceeded
Broth,44.5C (31616)
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 ($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 l Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 281 t 5
704-661-169Q

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/ad mi n/bog/iputedm r.
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 Region& 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 1, Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

sluiv $ lnctql!AA `ZO9T JalseLni pioDa
re;Ra
A
tAld '9IOZYZIZ
:140
u6IsJosvuedns letio!6eH
:elea
:am
:no Josvuedns
jeuo!6011;uels!ssy
pewidwoa
IT? vry J
11
it<
:sveulaE JosImadns
11011311
Z5/ .$
74. osi
1.1011011
n
—17" u ()Roy
czz-evz)-'s‘crt irf
`Noc,' NfW‘,
:SVUJelli.jpsisuogelotA Jay40
suagemA 10 # peliodm
suolleim kouenbaJj bupopuow
-7„
!tun lama %
Jeeo.nuovi
enleA HWO eaj 4Wfl 1LI! d
suoRelelA Al!ea/APieeM
enleA HWQ P-n! Aued
suollemA aBelaAy quow
:•0N adki ON !uued
— -7S1(,)V,139
Mik o
nowend
Ja;atuend
:41PeA
pioom Anavieti JVO

UNION COUNTY
DEPARTMENT OF PUBLIC WORKS
500 North Main Street, Su t r 600, Mo roe, NC 28112
Phone: [phone] • Fax: [phone]
June 13, 2016
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 E. Center Avenue
Suite 301
Mooresville, NC 28115
Subject: Response to Notice of Violation & Intent to Assess Civil Penalty
Tracking Number: NOV-2016-LV0293
Permit Number: NC0085359
Twelve Mile Creek WWTP
Union County
Mr. Basinger,
In response to the Notice of Violation letter NOV-2016-LV-0293 dated June 3, 2016, I
would like to provide the following information relevant to each stated violation.
In response to the Weekly Geometric Mean Exceeded for the parameter of Fecal
Coliform reported the week of 01/02/2016: This violation occurred as a result of a
critical equipment failure coupled with extremely high flow into the plant due to a
massive and sustained rain event. On Christmas Eve, 12/24/2015, the primary
Aerator for one of the four Aeration Basins experienced a ground fault and was
rendered inoperable until electrical repairs could be made. Due to the Christmas
holiday, we were unable to secure an electrical contractor to address the ground
fault and repair the Aerator until the following week. Flow was closed off to the
Aeration Basin and we began to drain the 1.25 million gallon volume of the tank
beginning on 12/26/2015 and continuing through 12/28/2016. As the heavy
concentration of under -aerated solids was introduced to the plant from the
draining of the basin, the plant processes became upset, resulting in elevated
ammonia, BOD, TSS and FecalColiform values. Also contributing to these issues
were the higher than normal flows through the plant as a result of multiple days of
sustained rainfall beginning on 12/22/2015,

UN
N COUNTY PUMA
Average flows for Twelve Mile Creek are generally around 4.0-4.2mgd, during this
time period we recorded the following EFF flows:
Date Rain Fall
12/22/2015 .5"
12/23/2015 0.6"
12/24/2015 2.5"
/ /
12252015 0
12/26/2015 0.5"
ow I Date
2/28/2015 0.9"
7.43mgd _._. 12/29/2015 ...0.5"
7.65mgd
6.85mgd
2.5"
0.3"
5.33mgd 01/02/2016 0
6.80mgd
2/30/2015
2/31/2015
Rain Fall Flow
4,74mgd
589mgdW
8.65mgd
11,47mgd_
6.38mgd
12/27/2015
These elevated flows and especially the massive rain event of 12/31/2015
hampered the plant's ability to provide complete and adequate treatment and
resulted in the elevated values reported on the December and January DMRs.
On 12/29/2015 the electrical repairs were made to the failed Aerator and the
basin was returned to service on 12/30/2015. The rain event of 12/31/15 delivered
2.5 inches of rain to the plant's service area and resulted in flows into the plant
that crested around 20mgd. These excessive flows coupled with the upset that the
plant had experienced as a result of draining the Aeration Basin caused the value
of the Fecal Coliform sample taken that day to be extremely high, ultimately
exceeding the Weekly Geometric Mean limit for the week of 01/02/2015.
In addition to these factors, construction began on 12/09/2015 to replace the
existing Traveling Hood Sand Filters with Rotating Disc Filters. During the period of
these elevated levels, two of the four Sand Filters were out of service and in the
process of being dismantled. With only two functioning Sand Filters in service and
the aforementioned elevated flows, treatment at this area of the plant was
extremely compromised. A combination of equipment failure, extremely high
flows and limitations from the ongoing construction project at the Filters all
contributed to this violation of the permit.
01/01/2016
2 of 5 6/1312066

UNION COUNTY PUBLIC WORKS
2. In response to the Weekly Average Exceeded for Nitrogen as Total Ammonia, we
would like to argue that this is not a legitimate violation. Based on the permit
#imits the Weekly Average for Nitrogen as Total Ammonia is 6.0 mg/I for the
months of November -February. As these values occurred during the month of
January with a reported value of 3.65 mg/L, the result is within the stated permit
limit.
In response to the Weekly Geometric Mean Exceeded for the parameter of Fecal
Coliform reported the week of 01/23/2016: This violation occurred partly as a
result of the events described in Response 1. The elevated flows and upset that
the plant had experienced when the Aeration Basin had been drained at the end of
December resulted in a cloudiness of small particles and suspended solids that
permeated the Final Clarifier effluent. As mentioned previously, a construction
project was also underway on the Effluent Filtration System, removing the
Traveling Hood Sand Filters and replacing the units with Rotating Disc Filters. At
the time of this violation, two of the four Sand Filters had been deactivated and
were being demolished, greatly reducing the filtering capacity of the plant. The
cloudiness of small suspended particles present in the plant effluent during this
time caused a decrease in the transmittance and effectiveness of the UV
Disinfection System, resulting in elevated Fecal Coliform results.
These conditions were furthermore exacerbated by a failure of the Sodium
Aluminate pumping station. On 01/28/2016 it was discovered that the Sodium
Aluminate Pump had lost pumping efficiency and was discharging less chemical
feed than required. Generally, the pump should discharge approximately 4 gallons
per hour (gph). On 01/28/2016 it was found that only 1 gph was being fed from
the pump station. It appears that this issue developed somewhere around
01/14/2016 but was not detected in a timely manner because the effects of the
chemical being underfed were attributed to the larger and ongoing plant upset.
The effects of the chemical being underfed manifested as a decreased settleability
of the solids in the system, suspended solids adhering to the UV bulbs and
elevated Total Phosphorous levels in the effluent.
Since 01/28/2016 we have switched Sodium Aluminate pumps and have rebuilt
the pump with the decreased pumping efficiency. In addition we have repaired
and installed other pumps in the Sodium Aluminate Pumping Station and re -
plumbed the system so there is a backup pump available. We are also planning to
replace the current diaphragm pumps with more reliable gear or peristaltic pumps.
6/1'1016

UNION COUNTY PUBLIC WORKS
Repair work was commenced on the Sodium Aluminate tank in April that revealed
major issues with scaling in the tank and chemical feed lines. A temporary tank and
new feed lines have been installed while the permanent chemical storage tank is
being rehabbed and repaired. The operations staff is now manually checking the
pumping rate of the Sodium Aluminate pump multiple times each week to ensure
an adequate amount of chemical is being discharged. Steps taken to repair and
improve the system have resulted in improved settleability and much lower Fecal
Coliform results in the months following these events. In addition, two of the three
Rotating Disc Filters are currently in operation and have made a drastically positive
impact on the permitted results in the plant effluent.
4, In response to the Monthly Geometric Mean Exceed for the month of January
2016: The conditions and event described in Responses 1 and 3 all contributed to
month -long elevated Fecal Coliform results. A combination of excessive rainfall
and flows, the failure of the Aeration Basin Aerator and the aftermath of having
drained the basin, the Filter construction project which reduced the plant's
filtering capacity and the failure of the Sodium Aluminate Pumping System all
created issues to adequately treating the plant flows throughout the month of
January. Since that time, however, the following improvements have been made:
The Traveling Hood Sand Filters have been replaced with Rotating Disc
Filters that have a much higher flow capacity and remove solids to the 10
micron level. These Filters have greatly reduced the Total Solids, BOD,
Total Phosphorous and Fecal Coliform results present in the plant
effluent. These Filters will make the plant more capable to adequately
treat large influxes of flow as a result of torrential rainfall and will protect
the UV Disinfection System from degradation of transference as a result
of small suspended particles such as occurred in January 2016.
The Sodium Aluminate Pump System is in the process of being largely
replaced. The existing pumps have been rebuilt and new, more reliable
pumps have been purchased and will be installed later this year. The
chemical piping has been completely replaced due to excessive scaling in
the lines and back up piping is also installed in the event of a failure in the
primary line. A temporary tank has been purchased and installed to house
the Sodium Aluminate while the permanent tank is being rehabbed and
repaired. These improvements to the chemical feed system have made
the Sodium Aluminate Pump System much more reliable than previously
and monitored results of Total Phosphorous, Total Solids and Fecal
40r$ 6/13/2116

UNTO N COUNTY PUBL. C IRKS
Coliform have been dramatically lower since repairs were made to the
system. In addition, the operations staff is now manually checking the
Sodium Aluminate flow multiple times each week to certify that an
adequate amount of chemical is being discharged into the system.
Plans to expand the capacity of the Twelve Mile Creek WWTP are
currently underway and construction to raise the plant to 7.5mgd will
commence in the next year. The upgrades and additions planned in the
expansion will make the plant more reliable during periods of excessive
flow and will address issues with aging and worn equipment, failures of
which contributed to these permit violations.
Please take the above explained conditions and occurrences in consideration when
attempting to assess civil penalties for the violations listed in NOV-2016-LV-0293. Please
feel free to contact us should you require additional information concerning these
matters..
Thank you,
Edward Goscicki, PE
Executive Director
Union County Public'! Vorks
5 of 5
61131201 6

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Union County
Facility Name: Twelve Mile Creek WWTP
Permit Number: NC0085359
County: Union
Case Number: LV-2016-0137
ASSESSMENT FACTORS
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;
d.-49 haa 641upJ,C;k: 14t..6_11
2) The duration and gravity of the violation;
t_L1-11.4 ce„
3) The effect on ground or surface water quantity or quality or on air quality;
AlL14C 4,4"/C,
evl t, idr-e
4) The cost of rectifying the damage;
5) The amount of money saved by noncompliance;
6) Whether the violation was committed willfully or intentionally;
/-
i
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; facilities compliance history was reviewed for a
12-month period, from January 2015 to December 2015, with the following violations:
03/2015 Monthly Average for Phosphorus, NOD-2015-LV-0078
06/2015 Weekly Average for NH3 as N,LV-2015-0230
08/2015 Weekly Geo. Mean for Fecal Coliform, NOV-2015-LV-0781
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 $ 1.500
Enforcementcase preparation staff time — one hour $ 33:13
Regional Office Supervisor review one hour $ 55.40
Total: $ 100.53
W. Corey Basinger, Regional Supervisor
Water Quality. Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ