NC0085812_Enforcement_20160202

Water Resources
ENVIRONMENTAL QUALITY
February , 2016
Certified Mail #7015 1520 0002 8376 1664
Return Receipt Requested
Mr. Ed Goscicki, Public Works Director
Union County Public Works.
.500 North Main Street, Suite 500
Monroe, NC 28112-4730
AT MCCRORY
;
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
SUB CT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S,) 143-215.1(a)(6)
and NPDES Permit No. NC0085812
Union County Public Works
Grassy Branch WWTP
Case No, IN-2016-0049
Union County
Dear Permittee:
Director
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $450.53 ($350.00 civil penalty +
$1.00.53 enforcement costs) against Union County Public Works.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by Union County Public Works for the month of September 2015, This review has shown the subject facility to be
in violation of the discharge limitations and/or monitoring requirements found in NPDES Permit No, NC008581.2. The
violations, which occurred in September 2015, are summarized in Attachment A to this letter.
Based upon the above facts,. 1 conclude as a matter of law that Union County Public Works vi.ol.ated the terms, conditions or
requirements of NPDES Permit No. NC0085812 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. 143-215.6.A(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 Environment and Natural Resources 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 Public Works, Grassy Branch WWTP:
State of North CarolinaEnvironmental Quality Water Resources Water Quality Rnal Operations
Mooresville Regional Office! 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

$100,00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0085812, by discharging waste
water into the waters of the State in violation of Permit Weekly Average for Biochemical Oxygen
Demand (BOD).
$250„00 1 of the 1 violations of 143-215.1(a)(6) and NPDES Permit No.NC0085812, by discharging waste
water into the waters of the State in violation of the Permit Monthly Average for BOD.
$35.0.00 TOTAL CIVIL PENALTY
$100,53 Enforcement Costs
11.50.53 TOTAL AMOUNT DUE
Pursuant to G.S.143-21.5.6A(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, 143B-282.1.(b), which are:
(1)
(8)
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;
The duration and gravity of the violation;
The effect on ground or surface water quantity or qualiqor on air quality;
'The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
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) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written. request :for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment and Natural Resources (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new
violation(s). Please submit payment to the attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute, Please prepare a detailed stateinent 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,

Pririn detemiining 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 acth
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 wifl review your evidence and inform you of his decision in
the matter of your remission request. The response will provide details regarding the case status, directions for
payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee
on Civil Penalty: Remissions (Committee). Please be advised that the Committee cannot consider information that was,
not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submitthe 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 27699-1.617
Option : 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 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 Ad.ministrative 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 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 Administrative Hearings
6714 Mail Service Center
Raleigh, NC 2769.9-6714
Tel: (919) 431,-3000
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department ofEnvironment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Pkac indieate the cae number (as found on page one of this letter) on e petition.
Failure to exercise one of the options above within thirty (30) days of receipt of tlus letter, as evidenced by an m e al
date time received stamp (not a postmark), nill 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,
f you have an questions please contact Roberto Schel er sith the Division of Water Resources staif otthe Mooresville
Regional Office at [phone] or via email at roberto,scheller@hcclentgov,
ATTA TS
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDENR
Cc: WQS Moores ille Regional Office - Enforcement File tattachments)
NPDES Compliance/Enforcement Unit - Enforcement File attachments)
Central Files, Water Quality Section attachments)
RLS

ATTACHMENT A
CASE NO.. LV-2016-0049
Outran Date Parameter Reported Value PermLir
001 9/22/2015 BOD 18,8 mg/ l 7,5 mg/1 Weekly Average)
001 9/30/2015 BOD 7.18mg/1 5 mg (IVIonthly Average)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: LV72016-0049
Assessed Party: Union County Public Works
Grassy Brandi WWTP
Per • No.: NC0085812
County: Union
Amount Assessed: $450,53
Please use this foiin 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, Pursuantto N.C.G.S. §143B-282.1(e), 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. 1438-282.1(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 ,e,, explain the
steps that you took to correct the violation andpreventfuture occurrences);.
(c) the violation was inadvertent or a result of an accident (i.e,, explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent paytnent for the remaining necessary remedial actions «e,, exp
how payment of the civil penalty will prevent you from per orming the activities necessary to achieve
compliance),
EXPLANATION:

OrSTATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONME; T
AND NATURAL RESOURCES
COUNTY OF UNION
IN THE MATTER OF ASSESSMENT
OF C1VLL PENALTIES AGAINST
Union County Public Works
Grassy Branch WWIP
PERMIT NO. NC0085812
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0049
Having been assessed civil penalties totaling $450.53 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated February 2, 2016, the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment docurnent. 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
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 20
ADDRESS
SIGNATURE
TELEPHONE

Watc'r Resources
ENVIRONMENT AL allenLIVY
May 3, 2016
CERTIFIED MAIL 7013 26.3.0 0001 8998 2762
RETURN RECEIPT REOLTSTED
Mr. Edward, Goscick, RE, Executive Director
Union County Department, of Public Works
.500 N. Main St, Suite 600
Monroe, NC 28112
Subject:
Dear Goscick:
PAT MCCRORY
DONALD R. VAN DER VAART
S JAY ER AN
Request to Remit Civil Penalties - Denied
Decision in Case Number: IN-2016-0049
for Union County Department of Public Works
Grassy Branch WWTP
NPDES Permit NC0085812
Union County
In accordance with North Carolina General Statute 143-215.6.A(f), the North Carolina
Division of Water Resources (the Division) has reviewed your request, to remit civil penalties
in the subject case., We regret to inform you that the Director 'has denied your request.
Our records indicate the facility received the penalty letter on February 9 2016 (UPS
delivery date February 3, 2016). A response by either payment, a wnttcn request for
remission, or a petition for an administrative hearing with the Office of Administrative
Hearings was due by March 10, 2016. The remission request was dated and signed on March
14, 2016, and received on March 23, 2016,,which is outside of the 30-day statutory limitation.
Therefore, your outstanding balance (5450.53) is due and payable.
Please make your check payable to the „Department of Enviromnenta Quality DEO), Send
the pa.yment, as soon as ,possible, to the attention of:
Wren Thedford
NC DEQ/DWR/Water Quality Perm
1617 Mail Service Center
Raleigh, North Carolina 27699;161.'7
ction
State jf Nririli Carolina Etuiroilin Ira! Quality Water ReSOIAR1t1S
1617 Mail service. Center Raleigh, North Carolina 27.69.9-1E.,17
9.19 807

..Maya3, 201.6
ank yot br your cc a(on in this xnatter, If nu have an questions, pleasy con
k 1,)enard at derek.dmitard(itilrinductr.upy or call 919-807-6_107.
Core
Enfor
Central
Rcq1 fiii Rem on
Li Adrnimstratjye I
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File
Resxiolial (;)
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later Resources, NCDEQ
and S
n af Facts
at

UNION COUNTY
DEPARTMENT OF PUBLIC WORKS
500 North Main Street, Suite 600, Monroe, NC 28112
Phone: [phone] • Fax: [phone]
March 14, 2016
Mr. W. Corey Basinger
Water Quality Regional Operations Section
Mooresville Regional Office
610 East Center Ave., Suite 301
Mooresville, NC 28115
Subject:
Request for Remission
o ce ofViolatFon and Notice of
Tracking #: -NOY
NOV-2016-LV-0015
Grassy Branch WWTP: NPDES Permit No. NC0085812:
Dear Mr. Basinger,
commendation for
E V -- L,
Enforcernent
01)41
Union County
CE1VE NCDE D
MAR 2 3 2016
Water Quality
Permitting Section
In our response to the original NOV (Jan. 26, 2016), it was noted that it appeared that the result from the lab
may have been an issue. Please find attached copies of the original email reports sent to Charlotte Water from
Pace Labs. The lab reports include copies of the Chain of Custodies. Please note that a Chemical Oxygen
Demand (COD) was collected at the same time as the BOD and was properly preserved. The COD result was
31.0 mg/J. As noted in the NOV response, this would relate to a much lower BOO, It is virtually impossible to
have an effluent BOD that is 60.6% of the COD.
Since the time this occurred, we have converted all ofthe ab work done for the UCPW treatment plants to
Charlotte Water Lab Services. We believe that there was a problem with this specific analysis, but due to the
way Pace Labs completes their bench sheets they were not able to determine what the error may have been,
if you have any questions, please call Dawn Padgett, Operations Manager (704/497-8377). Thank you for your
consideration on this issue.
Sincerely,
d D. McMfflan, PE.
Water & Wastewater Division Director
PC: Edward Goscicki, P.E. - Executive Director
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
ex(_,
Dawn K. Padgett
Operation Manager, Charlotte Water— UC O&M
500North Main St, Suite 600 • Monroe, NC 28112-4730 • Phone: [phone] • Fax: ('704)296-4232

C, `MN FOR REPiflsSjON REQUEST
Case Number: LV-2016-0049
Assessed Party: Union County Public Works
Grassy Branch WWTP
Permit No.: NC0085812
County: Union
Amount Assessed; $450.53
ED
NCDEQ/DWR
R 2 3 7016
Quality
g Section
Please use this farm when req "ng !'ernssion ofthis civil pe a Ity, You must also cornplete the "Request Remission,,
Waiver ofRighi to an Admini Hearing, and Stipulation of Facts" form, to request remission of this civll penalty,
You should attach any documents . t 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 daily of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(e), remission of a civil
penalty may be granted onlywhen 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 inoreofthe civil penalty assessment factors in N.C.G.S. 1413B-282.1(b) were wrongfully applied to the
detriment oftho petitioner (the assessment factors ore listed in the civil penalty assessment clochme»t);
(b) the violator .promptly abated continuiug eiwironmcntal damage resulting from the violationhe
steps that you took correct thqvioloi
(c) the vioiation was inadvertent or a result of an accident explain why the vio
something you could not preveme or prepare/or),'
(d) the violator had not been assessed civil penalties for any previous vio
(c) payment of the
hoiv payment of the
compliance).
ANATION:
alty will prevent payment for the remammg necessary remedial action i.e., explain
pencil ty will prevent y0111).0/II peijbming the activilies.necessaly to achieve
10
dabIe

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE ATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Union County Public Works
Grassy Branch WWTP
PERMIT NO. NC0085812
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
A D MIN IS TRATIVE HEARING AND
STIPULATION OF FACTS
REC IVE DiNCDEQ/DWR
MAR 2 3 2016
Water Quality
Having been assessed civil penalties totaling $450,51 for violation(s) as set for h in the assessment docutnent of the Division
Permitting Section
of Water Resources dated February 2, 2016„ the undersigned, desiring to seek remission of the civil penalty, does hereby waive
the, right to an administrative hearing in the above -stated matt -or and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understandsthat all evidence presented in support of remission of this civil
penult), must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
notice of assessment.
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
This the
/
day of
CASE NO.
ADDRESS
TELEPHONE
LV2O160049

Water Resources
ENVIRONMENTAL QUALITY
February 5, 2016
CERTIFIED MAIL # 015 1520 0002 8376 1671
RETURN RECEIPT REQUESTED
Mr. Ed Goscicki, Public Works Director
Union County Public Works
500 North Main Street, Suite 500
Monroe, NC 28112-4730
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: NOTICE OF VIOLATION and ASSESSMENT of CIVIL PENALTY (Correction of Attac
Grassy Branch WWTP
Case Number LV-2016-0049
NPDES Permit NC0085812
Union County
Dear Mr. Goscicki:
It was noted that an error had occurred in the Date column of Attachment A of the subject violation.
The correct date should be September 3, 2015 for weekly average exceedance. Enclosed is a copy of the
corrected Attachment A for your reference. We apologize for any inconvenience this error may have
caused.
If you should have any questions, please do not hesitate to contact Roberto Scheller with th
Quality Section at [phone] or via email at [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NC DEQ
Cc: Central Files, WQ PermittingSection
NPDES
RLS
State of North Carolina 1 Environmental Quality Water Resources I Water Quality Regional Oixrations
Mooresville ReFjona) Officel 610 East Center Avenue, Suite 3011Mooresvil1e, North Carolina 28115
704 663 1699

ATTACHMENT A
U111011 County
CASE NUMBER LV-2016 0
PERMIT: NCO 2 FACI Or y Branch P
MONITORING OUTFALL
COUNTY:, Union REGION:
UNIT OF CALCULATED VER
PENAL REPORT PR LOCATION FARAMETER DATE FREGUE T MEASURE L VALUE LIMIT
VIOLATION
Effluent BOD Cena
nt BOD - Com
5
Week*
Weekly
7 2D
43
P

DIVISION OF WATER RESOURCES - CWIL PENALTY ASSESSMENT
Violator: Union County Public Works
Facility Name: Grassy Branch WWTP
Permit Number: NC0085812
County: Union
Case Number: LV-2016-0049
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;
No harm has been documented.
„ 2) The duration and gravity of the violation;
The violations occurred during the month of September 2015.
3) The effect on ground or surface water quantity or quality or on air quality;
No effects on ground water or air quality are expected, increased levels of BOD into surface waters may stress aquatic
life by lowering Dissolved Oxygen (DO) levels in the receiving stream. The best usage of the receiving stream is also
likely to have been compromised.
4 The cost of rectifying the d age;
The cost is unknown,
The amount of m
y saved by nonco pliance;
An exact monetary figure is unknown.
6) Whether the violation was conirnitted willfully or intentionally;
The violation does not appear to be willful or intentional.
The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
The subject facility has had an Enforcement cases taken against it in the past 12 months (September 2015 to
September 2014) Case number EV-2015-0208 for BOD and TSS violations reported in March 2015.
The cost to the State of the enforcement procedures.
The cost to the Mooresville Regional Office was $100.53
Regional Office Clerical Staff— one hour $ I 5.00
Enforcement case preparation staff time — one hour $33.13
Regional Office Supervisor review — one hour $52.40
Total: $100.53
Date
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDENR