NC0085812_Enforcement_20140228

vaga
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Regional Operations Section
Pat McCrory Thomas A Reeder John E. Skvarla, III
Governor Director Secretary
February '28,, 2014
CERTIFIED MAIL 7010 1870 0001 1558 1542
RETURN RECEIPT REQUESTED
Mr, Edward Goscicki, PE
Public Works Director
Union County 'Public Works
500 North Main Street, Suite 500
Monroe, North Carolina 28112
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute
1.43-215..1 (a)(6) and 'NPDES Permit No, NC008.5812
Grassy Branch WWTP
Union County
Case No. LV-2014-0021
Dear Mr. Goscickir
This letter transmits a Notice ofViolation and assessment of civil penalty in the amount of
$249..22 ($100..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 October 2013. This review has shown the subject facility to be in
violation of the discharge limitations found in NPDES Permit No, 'NC0085812. 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, NC008581.2 and North Carolina
General Statute (G.S.) 143-215.1(a)(6) in the manner and extent shown in Attachment A. A civil.
penalty may be assessed in accordance with the rnaximwns 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 ofEnvironment and Natural Resources and the Director
of the Division of Water Resources,l, Michael L. Parker, Regional Supervisor -for-the Mooresville
Region, hereby make the .following civil penalty assessment against Union County Public Works:
Mooresville Regional Office
Location: 610 East Center Ave.., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax [phone] Customer Service: 1.-877-623-6748
Internet: http://portatned,eniorgebiwg
One0
NhCarolina
,Vaturalitt

100.00 For 1 of the one (1) violation of G.S. 143-21.5.1(a)(6) and
NPDES Permit No. "NC0085812, by discharging waste into the
waters of the State in violation of the permit W e ek y a.verage
effluent limit for biological oxygen demand (BOD).
100.00 TOTAL CIVIL PENALTY
149.22 Enforcement costs
249.22 TOTAL AMOUNT DUE
Pursuant to G.S. 1.43-21.5.6A.(c), in deterrnining. the amount of the penalty I have taken into account the
Findings of Fact and. Conclusions ofLaw and the factors set forth at G.S. 143B-282A (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 quality;
(4) The cost of rectifying the damage;
(5) The amount of inoney saved by noncompliance;
(6) Whether the violation.s were committed willfully or intentionally;
(7) 'file prior record of the violator in complying or failing to comply with programs over which
the Environmental. Management Commissionhas 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 forni), Payment ofthe penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of
Point Source Compliance/Enforcement Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1 " 7
OR
2. 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 pe.nalty assessed. Requesting
remission is notthe 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 Resources at the address listed
below. In determining whether a remission request will be approved, the following factors shallbe
considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
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 remainingnecessary
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
inform 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.
Environmental Management Cornmission's Conunittee 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 Rightto
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 completeand submit the enclosed
"Justification for Remission Request." Both forms should be submittedto the following address:
Point Source Compliance/Enforcerne.. Unit
Division of Water Resources
161.7 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
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 of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 am. and 5:00 p.m.,
except for official state holidays. The petition may be filed by facsimile (fax) or electronic I -nail 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 §.1.5013-23.2) 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 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:
0.ffice of Administrative }learrngs
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]; Fax: [phone]
One (1) copy of the petition must also be served on DENR as 'follows:
Mr. Lacy Presnell, General 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 exercise one of the options above within thirty (30) days 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 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 the violations are of a continuing nature, not related to operation
and/or maintenance problems, and you anticipate remedial construction activities then vou may wish
to consider applying for a Special Order by Consent. If you have apy questions about this civil_penalty
assessment or a Special Order by Consent, please contact the Water Resources staffof the .Mooresville
Regional Office at [phone].
ichael L. Parker, Regional Supervisor
Mooresville Regional Office
Division of Water Resources
ATTACHMENTS
cc: Mooresville Regional Office Compliance File wl attachments
Raleigh Compliance/Enforcement File w/ attachments
Central Files w/ attachments
mlp/ina

Al TACH ENT A
CASE NO. EV-2014-0021
Outfall Date Parameter Reported Value Permit Limit
001 Week ending 0/5/13 BOD 10.1 L 7.5 ing/L (Weeekly average)
The Union Cnunt Public Works response to NOV-20144 V-0024 received on February
3, 2014, was reviewed by DV R staff Mitigating factors were not found to result in a
reduced civil penalty amount

STATE OF NORTH CY ROLINA
COUNTN OF UNION
IN 'FIFE MATTER OF ASSESSMENT
OF CIVIL, PENALTY AGAINST
tiNTION COUNTY PUBLIC WORKS
PFRMII NO. NC0085812
DEPART ENT OF ENVIRONME
AND NATURAL RESOURCES
WAIVER OF RIGHT FO AN
ADMINI STRATI V E ARIN G .AND
STIPULATION OF FACTS
111 NO. 201 -0021
Having been assessd il penalties totaling S249.22 for ation(s) as set forth in the
assessrnent document of the Division of Water Resources dated February 28, 2014, the undersigned,
desir rig 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 assessment
This the day of
ADDRESS
FP ONE
2014

STIFICA'
ON FOR REMISSION REQUEST
DWR Case Number: LV-2014-0021
Assessed Party: Union County Public Works
County: Union
Permit Number: NC0085812
Amount Assessed: $249.22
Please use this form when requesting retnission of this civil penalty. You must also complete the
"Request For .Remission Waiver o Ri .ht to an Administrative Hearin 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-2.82.1(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.C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of theTetitioner (the assessmentfactors are listed
in the civil penalty assessment document);
(b) the _yioIopIo1ntiy abated continuing environmental damage res rom the
violation (i.e.; explain the steps that you took to correct the violation and prevent
,future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e.„explain 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 previo violatio.ns;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you rom .performing
the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary

NORTH CAROLINA DIVISION OF WATER RESOURCES
ASSESSMENT FACTORS
Violator: Union County Public Works
Facility: Grassy Branch WWTP
County: Union
Case Number: IN-2014-0021
Permit Number: NC0085812
I) The degree and extent of harm to the natural resources of the State the public health, or to
private property resulting from the violation;
No harm has been documented. However, the discharge of biological oxygen demand (BOD) in
excess of the permit limits could cause a decrease in the instream dissolved oxygen concentration
downstream of the facility. The receiving stream is Crooked Creek, a class C stream, in the Yadkin -
Pee Dee River basin.
2) The duration and gravity of the violation;
The effluent BOD concentration was 10.1 mg/L on October 1, 2014; this was the only monitoring
completed during the week ending October 5, 2014. This resulted in a weekly average BOD permit
violation, which exceeded the permit limit of 7.5 mg/L by 34.7%. The four other sampling events for
October were compliant; monthly permit limit was met.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on the receiving stream is unknown. However, BOD is treated as an in -stream toxicant by
the State of North Carolina. As an oxygen -consuming waste increased concentrations could reduce
the amount of oxygen available to aquatic organisms downstream from the discharge.
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 Resources has no evidence that the violations were committed willfully or
intentionally; the permittee notes the cause of the exceedance was unknown.
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
There have been 10 prior CPAs for the Brassy Branch VVIATTP with no CPAs issued in the past 12
months.

The cost to the State of the enforcement procedures.
The cost to the Division of Water Resources is $14922,
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Division of Water Resources

MONITORING REPORT(MR) VIO
PERMIT: NC003 041
Violation
MOM ORING OUTIrALL
REPQF4T 04'1 LOCATIbN PARAMETER
10 -2013 00
TONS for:
Report Date: 01/21/14
ACLITY Carolina Water ; rvice Inc of N. h Carolina Hemby COUNTY: Uni*
Acres WWTP
BOO, 5-D
Concentr
IOLATION UNIT OF /CALCULATED
DATE FREQUEN MEASURE LIMIT 1 VALUE % 0 ER LIMIT VIOLA ON TYPE VI ATION ACTION/
/
10/29/13 Weekly mg/I 135\t/ 21'1 5 56 Daily,Xleximurn Exceeded None
Page: 5 of 5
oresvllle
PERMIT: NC0085812
FACILITY: Union County Public Works - Grassy Branch WWTP COUNTY: Union
REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
VIOLATION
REPORT ER I OGAT1ON PARAMETER DATE FREQUENCY
10 -2013 001 Effluent BOD, 5-Day (20 Deg. C) -
Concentralion
10/05/13 Weekly
UNIT OF
MEASURE
CALCULATED
LIMIT VALUE % OVER LIMIT
VIOLATION TYPE VIOLATION ACTION
mg/I 7 5 10 1 34.67 Weekly Average Exceeded None 11'''

NPDES DMR Violation Penalty Worksheet
7 r T
Facility: Grassy BranchlAWTP i DMR: October 2013 L._.i Flow:
_
7
Previous Violations: 0 Reduced Penalties: NA
i----
Proposed NOV-NRE DMR
1 Yes No
Multiplier: Response: Comments:
Response
Information:
DMR
Information:
0023 MGD
NOV-NRE dated January 23, 20 4; response received on February 3, 2014.
The permittee notes, is unknown as to what caused this violation. It
appears that something unusual may have come into the facility causing some
inhibition to the treatment system. At this time, nothing unusual was noted and
the facility was operating normally. Please note that the flows were normal at
this facility for this week and the previous week. All of the other results from
September and October were well within compliance. Also, since this time all
of the pollutant loading limits have been in compliance. No remedial actions
have been taken since this appears to have been an isolated incidence.
There was one weekly average BOD violation (34.7% over the limit) for the
week ending October 5th (only sampling event during the monitoring week).
October DMR notes. "There was a weekly violation for the week of October
1st for BOD, There were not any other indicators leading to this violation and
the rest of the BODs were <2 for the month."
There have been no CPAs issued for this WWTP since 2009 (May DMR)
Previous We did issue two NOVs in the previous 12 months (May 2013 for a fecal
Violation coliform violation >600 CFU/100 mL; May 2013 CEI for sampling issues
Information: [both influent and effluent] and an inoperable telemetry system at influent
pump station)
Other Relevan
Information:
Proposed
Penalty
Final Penal
Notes:
Influent loading (Sampled on 10/1) was noted as 121.0 mg/L of BOD,
194.0 mg/L of TSS, and 26.9 mg/L of ammonia for the week of violation
Previous week's loading was 74,7 mg/L of BOD, 99,0 mg/L of TSS, and
22.1 mg/L of ammonia (sampled on 9/24). 1/WITTP has expereienced
elevated loading concentrations with no non-compliance events (March
2013, November 2012, and October 2012 [722.0 mg/L of BOD, 1,290
mg/L of TSS, and 5.5 mg/L of ammonia]).
1 Penalty
00.00 Increase Decrease El Same
Outcome:
Page 1 of 1
Rev, 0, 1-10/14