NC0085812_Enforcement_20160624

Water Resources
N oNmENlAL cluAor y
Cindy Cotto
Union County
500 N Main Street, Suite 918
Monroe, NC 28112
Dear Permittee:
PAT MCCRORY
DONALD R, VAN DER
S. JAY Z1MM :•RMAN
July 26, 2016
Subject: Payment Acknowledge: ent
Grassy Branch WWTP
Permit Number: NC0085812
Case Number: LV-2016-01.14
Stanly County
This letter is to acknowledge receipt of payment in the amount of S900.33 received from you on
July 25, 2016. This payment satisfies in full the above civil assessment (s) levied against the
subject facility, and this case has been closed. Payment of this penalty in no way precludes
future action by this Division for additional violations of the applicable Statues. Regulations, or
Permits.
If you have any questions, please contact Wren Thedford at 911 9-807-6304.
Sincerely
.P;(../.'!te-,7 ...2(A-e-7
,/
Wren Thedford
Wastewater Branch
cc: Central Files
NPDES
Mooresville Regional Office
State of North Carolina Envirmtmenial Quality 11
1617 Mail crice Center Raleigh, North C1ia 27699-.1617
919 807.6300

r
taUatt
Certified Mail # 7015 1520 0002 8386 7601
Return Receipt Requested
June 24, 2016
Mr. Ed Goscicki, Public Works Director
Union County Public Works
500 N Main Street, Suite 500
Monroe, NC 28112
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. NC0085812
Union County
Grassy Branch WWTP
Case No, LV-2016-0114
Union County
Pit**
Dear Mr. Goscicki:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $900,33 ($800.00 civil penalty +
$100.33 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. NC0085812. 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 requiremellts
of NPDES WW 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. 143-215.6A(a)(2), a civil penalty may be assessed against any person
who violates the temis, 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 Carolina Environmental Quality! Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$250.00 1 of the 1, violations of I43-215.1(a)(6) and Permit No.NC0085812, by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for FLOW.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0085812„ by discharging waste water into
the waters of the State in violation of the Permit Monthly Average for NI13-N - Cone.
_$10.00, 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC00858.12, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for NH3-N - Cone,
$100.00 1 of the 1 violations of I 43-215.1(a)(6) and Pennit No.NC0085812, by discharging waste water into
the waters of the State in violation of the Pei mit Weekly Average for TSS - Conc.
$,100.0.0 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC008581.2, by discharging waste water into
the waters of the State in violation of the Permit Weekly Geometric Mean for EEC COLL
$800.09 TOTAL CIVIL PENALTY
$10033 Enforcement Costs
$900.33,, 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 GS. 1.43B-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 quality;
(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 E.nvironme
Managernent 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) 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 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
1617 Mail Service Center
Raleigh, North Carolina 27699-161.7

rOption 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 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 abatedcontinuing environmental damage resulting front 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 inforniation that was not part of the
original remission request considered by the Director, Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
ln order to inusjpnipte and lrjtthe enclosed "Request for Rernission 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 Re nest':
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 administrativeadwinistrativejiearing with the Office Adminstrative 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
Flemings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p,in, 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 :following the faxed or electronic transmission. Ypu
should contact the Office of Administrative Hearings with all questions regarding the filingfee and/or thedetalls,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 Set -vice Center
Raleigh, NC 27699-671.4
Tel: [phone]
Fax: [phone]
One (1) 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 ofthis 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 (252) 9.46-6481 or viaemail 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: LV-2016-0114
Assessed Party: Union County
Permit No.: NC0085812
JUST CATION FOR ST
County: Union
Amount Assessed: $900 33
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Retrzission,
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 (Attie 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. 143B-282. (b) were wrongfully applied to the
detriment of the petitioner (the assessment actors 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 andpreventfuture occurrences);
(c) the violation was inadvertent or a result of an accident
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 i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:
xplain why the violation was unavoidable or

STATE OF NORTH CAROLINA
COUNTY OF UNION
IN THE MAI1ER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Union County
Grassy Branch WWTP
PERMIT NO. NC0085812
DEPARTMENT OF ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ND 1 IS TIVE HEARING AND
STIPULATION OF FACTS
CASE NO. LV-2016-0114
Having been assessed civil penalties totaling S90033 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 24, 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 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
of assessment. No new evidence in support of a remission request will he allowed after (30) days from the receipt of the
notice of assessment.
This the day cif „ 2
day
of
ADDRESS
TELEPHONE

$260 00
$100 00
E2 0.00
PERMIT: NC0085812
FACILITY Grassy Branch
T VIOLATIONS)
SAMPLE LOCATION: Cuffed opi Effluent
Violation
Date
ATTACHMENT A
Union County
CASE NUMBER: LV 20160114
REGION: Mooresvi e
COUNTY: Union
Unit of Limit Calculated c, Over Violation Penalty
Parameter Frequency Measure Value Value Limit Type Amount
6 1-2016 Cohform, Fecal MF, Weekly #1100m1 400 1114450 2,686,1 Weekly 100,00
M-FC Broth,44,5C
2016 1-2016 Flow, in conduit or
treatment plant
hru
Continuous mgd 0,05
016 1-2016 Nitrogen Am onia Weekly mg/I
Total (a N
Concentration
2016 1 2016 Nitrogen, Ammonia
Total (as N) -
Concentration
1/2 016 1 2016 Solids, Total
Suspended -
Concentration
kekly moil
0,10
Geometric
Mean
Exceeded
22,4 Monthly
Average
Exceeded
24 100.0 Weekly
Average
Exceeded
8 10 102,3 Monthly
Average
Exceeded
Weekly omil 45 59,20 31 6 Weekly
Average
Exceeded

Certified Mall # 7015 1520 0002 8386 7519
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-0294
Permit No. NC0085812
Grassy Branch WWTP
Union County
Dear Mr.. Goscicki:
A review of the January 2016 Discharge Monitoring Report
indicated below:
Limit Exceedance Violation(s)W
Sample
Location Parameter
001 Effluent Coliform, Fecal MF,
Broth,44.5C (31616)
DMR)fo
he subject facility revealed the violation(s)
Limit Reported
Date Value Value Type of Violation
1/2/2016 400 11,144,51 Weekly Geometric Mean Exceeded
001 Effluent Solids, Total Suspended - 1/2/2016 45 59.2 Weekly Average Exceeded
Concentration (C0530)
001 Effluent Nitrogen, Ammonia Total (as 1/9/2016 12 24 Weekly Average Exceeded
N) - Concentration (C0610)
001 Effluent
Flow, in conduit or thru 1/31/2016 0.05 0.061 Monthly Average Exceeded
treatment plant (50050)
001. Effluent Nitrogen, Ammonia Total (as
N) Concentration (C0610)
2016 4 8.09 Monthly Average Exceeded
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 1 Envirottrnental Quality { Water Resources
610 East Center Avenue, Suite 301, cxoresville„ NC 28115
7f14-661_I6Q9

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 foliowing address:
http://portal .ncdenr.org/web/wq/admin/bogiipu/edmr.
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 Envirorunental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Parameter
Para
Permit No.:
Perm'
DMR Review Record
Pipe No.:
olations
DMR Value
MonthfYear:
% Over Limit
Action
WeeklylDai'y Violations
Permit Limit limit Type DMR Value % Over Limit Action
Monitoring Frequency Violations
Date Parameter Permit Frequency Values Reported # of Violations Action
Sur Remarks:
Completed by:
Assistant Regional
Supervisor Sign Off:
Date:
Regional Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date: --°
DMR Review Record Master 1602, Without $ Amts

UNION COUNTY
P'rDEPARTMENT OF PUBLIC WORKS
50WNorth i%lainStreet, Suite 600,Monroe, NC28U2
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division ofWater Resources, N[DE[}
Subject: Notice of Violation & Intent to Assess Civil Penalty
Tracking No.: NOV-2015-LV'0294
Permit No. W[OO85812
Grassy Branch VVVVTP, Union County
Dear Mr, Basinger:
This letter is in response to the above subject Notice of Violation dated 6/3/16 and
received byUnion County June G,Z016. Please see our response 0othe noted violations
Week ending 1/7/15: Weekly geometric Mean Violation for fecal cQ|ifnmnand amonthly
average T5Sviolation. Full dates ofthe week were from December 27th—January 15t.
Starting onDecember 22,2UI5brained every day until January 2,ZO16. For these eleven
(11) days atotal of7.3" of rainfall was measured at Grassy Brach VVWTP,this isfollowing a
record breaking rainfall month inNovember, 2O15.The average flow the week o[the two
violations was 0.138 MGQ with the highest flow occurring on 12/31/2015 at 0.238 MG,
These flows far exceeded the ability of the plant — designed to treat an average ofO.O5Q
MGD—toconsistently treat the wastewater. |talso resulted inthe washing out 0fa
significant amount of the suspended solids from the aeration basins. The tertiary filters
were bypassed during this time due tothe heavy flows and the solids could not be
captured and resulted in both the TSSviolation and the fecal co|i#3rnm violation.
Week ending 1/9/16: Weekly average violation for Ammonia Nitrogen.
Due to the solids wash Out of the system, referenced above, the plant was re -seeded with
activated sludge from TaHvvond Estates VV\NTPthe week this violation occurred.
Unfortunately, nitrification treatment did not start working at the plant immediately, and

UN1oN COUNTY FUBLIC WORKS
nitrification treatment starting working again the concentrations of ammonia started
dropping each week.
Monthlv average violations for the month ofJanuarv, 2016 for ammonia_ rutrogen and
flow.
As discussed in the weekly average violation for ammonia the week of 1/9/16, nitrification
was Gnh'ibited due to a solids wash out of the plant the Iast week of December. This
resulted in a very high concentration of ammonia discharge of ammonia in the first week
of the month. The following week we were achieving some nitrification with the
ammonia concentration dropping to 7.9 mg/ i and the last two weeks of the month full
nitrification was achieved with ammonia results of 0.11 mg'I and 0.35 mg/I.
Unfortunately it was not enough to put the plant into compliance with the ammonia
monthly average.
The flow violation for the month is the result of the record breaking rainfall in both
November and December 2015 that elevated the streams in the area to flood levels and
appear to have infiltrated the collection system. Union County Public Works (UCPW) has
been actively investigating to determine the source of the I&I. Some of the work to
identify the I&I issues inciude smoke testing, fiegd inspections and the implementation of
flow monitoring above the treatment plant. DWR staff has also walked the lines in the
collection system and were unable to find the source, We are continuing to actively work
to identify the sources)of the I&I in our collection system.
We request your consideration of the information above and the actions we are taking to
address 1/1 in our system in regards to any assessment of a civil penalty. Please qet us
know if we can provide any additional information. If you do have any questions, please
contact my office at 704-296-4217, Thank you..
Sincerely,
Edward Goscicki, PE
Executive Director
2 o1 2 6r'13/2CH6

DIVISION OFWATER RESOURCES-CIViLPENALTY ASSESSMENT
Violator: Union County
Facility Name: Grassv Branch WWTP
Perrnit Number: NC0085812
County: Union
Case Nurnber: LV-201i-0114
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 frorn the viohi1on;
2) The duraton and gravit
.
of
he voaton;
'
--
3) The efTect on ground or surfaee water quantity or quality or on air qu
4) The cost of rectifying the darnage;
5) The arnount oI money saved by noncompliance;
1)1
6) Whether the violation was committed willfnllv or intentionallv;
7) The prior record ofthe violator in complying or failing to comply with prograrns over which the
Envtronmental Management Comrnission has regulatory authority; a 12 month review ofcompiiance history from
January 2015 to December 2015 revealed the followiing vioiations: 01/2015 Fecal, Coliforrn Weekly Geo Mean
NOV-2015-LV-0400; 03/2015 2-WeekJy Ave BOD, MonthLy Ave BOD, Weekly Ave TSS, LV-2015-0051; 0912015
Weekly Ave BOD, Monthly Ave BOD, LV-2016-0049; 10/2015 Weekly Ave BOD, Fecal Cobform Weekly Geo Mean,
Monthty Ave Fow, Weekly Ave TSS, LV-2016-0083; 11/2015 Fecal Coliforrn Weekly Geo Mean, Monthiy Ave Fiow,
NH3 as N Monthi Ave, NOV2016-L-0145, 12/2015 Monthty Ave FIo, NOV-2016-LV-0195
8) The cost to the State of the enforcernent procedures.
Tbe cost to the Mooresi1(e Regioiutl Office s IO0 33
Regionai Office CIerca1 Staff- one hour $ 15.00
Enforcement case preparaton stafftime one hour $ 33i3
Regional Office Supery isor review one hour $ 52.20
Total: $100.33

Date
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