NC0085812_Enforcement_20160803

Certified Mail # 7015 1520 0002 8386 7724
Return Receipt Requested
August 03, 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 WVVTP
Case No, LV-2016-0157
Union County
Dear Mr, Goscicki:
This letter transmits a Notice of Violation and assessment of civil penalty in the ainount of 00.53 ($200.00 civil penalty +
$100.53 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 February 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 February 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. 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(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 Carolina Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$100.00 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 Weekly Average for BOB - Cone.
$100.00 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 Weekly Geometric Mean for ECOLI BR.
$200.00 TOTAL CIVIL PENALTY
S100.53 Enforcement Costs
$300.53 TOTAL AMOUNT RUE
Pursuant to G.S,143-215.6.A(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. 1.43B-282.1(b), which are:
(2)
(3)
(4)
(5)
(6)
(7)
(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 quality or on air quality;
The cost of rectifying the damage;
The amount of money saved by noncompliance;
Whether the violation was committed 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 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 27699-1617

ppIPPIPPr'
, ,
Option 2: Submit a written request for remission or mitigation including a detailed justific
request:
ti
on for such
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 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, you muoj teadsubmit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Sti ulation of Facts" form within thirty (30 da of recei t 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 27699-1617

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 fon-n 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 Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearin s with all questions regardin the filin fee and/or the details of the
filing process.
The mailing address and phone 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 (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 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.scheller@ncdenr,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

PERMIT: NC0085812
FACILITY: Grassy Branch
SAMPLE LOCATION: Outfall 001 Effluent
Vioafion Report
Date MonthilYr Parent
ATTACHMENT A
Union County
CASE NUMBER: IN-2016-0157
2/27/2016 2-2016 BOD, 5-Day 20 Deg Week
- Concentration
2/27/2015 2-2018 Coliform, Fecal ME,
MFC roth, 44.5 C
Weekly
00ml
400
REGION: Mooresville
COUNTY: Union
Calcula Over Violation Penalty
Value Lirrnt Type Amount
Weekly $100 00
Average
Exceeded
1,400 0
Weekly $100.00
Geometric
Mean
Exceeded

Case Number: IN-2016-0157
Assessed Party: Union County
Permit No.: NC0085812
JUSTIFICATION FOR REMISSION REQUEST
County: Union
Amount Assessed: V00.53
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 doeutnent. 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-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessmentfactors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation ., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accidentexplain 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 CARO
COUNTY OF UNION
A DEPARTMENT OF ENVIRONMENTAL QUALTTY
IN THE MA IIER ()F ASSESSMFNT
OF CIVIL PENALTIES AGAINST
Union County
Grassy Branch WWTP
PERMTT NO. NC0085812
WMVER OF RIGHT TO AN
ADMINISTRAT1VE HEAIUNG AND
STIPULATION OF FACTS
CASE NO. LV-20164157
Having been assessed ci:vll penalties totaling $300.53 for violation(s) as set forth in the assessment document of the Division
ofWater Resources dated August 03. 2016, the undersigned, desiring to seek rernission ofthe civil penalty, does hereby
waive the right to an adrninisfrative hearing in the abovestated rnatter and does stiputate that the facts are as alkged in the
assessrnent docurnent, The undersigned further understands that all evidence presented in support of remission ofthis civil
penaity must be submitted to the Director of the Division of Water Resources within thirty (30) days ofreceipt of the notice
ofassessment.. No new evidence in support ofaremission request will be allowed after(30) days from the receipt ofthe
notice of assessment.
Thisthe dayof
ADDRESS
SIGNATURE
TELEPHONE

Certified Mail # 7015 1520 0002 8386 7595
Return R- - ipt Requested
June 9, 2016
Mr. Ed Gascicki, 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-0311
Permit No. NC0085812
Grassy Branch WWTP
Union County
Dear Mr. Goscicki:
A review of the February 2016 Discharge Monitoring Report (DMR) for the subject facility revealed the
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample Limit Reported
Location Parameter Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 2/27/2016 15 21.9 Weekly Average Exceed
Concentration (C0310)
001 Effluent Coliform, Fecal MF, M-FC 2/27/2016 400 6,000 Weekly 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 ( Environmental Quality i Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
IAA I Gllll

If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall cornpliance 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 nforrnation provided on the submitted Discharge
Monitoririg Report(s). You wili then be notified of any civU penalties that may be assessed regarding the
violations. 0 no response is received in this Office within the lO-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 Iaw. If the violations are of a continuing nature, not related to operation and/or rnaintenance 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 6in Section E, the Perrnittee is required to verbaily notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-cornpliance 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 staif. Prior notice should be given for anticipted or
potentia problems due to panned rnaintenance activities, taking units off-Rne, etc.
Additionaliy 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 cornpletion and electronic submittal of monthly Discharge Monitoring Reports (DMRs).
For more information, please visit the eDMR Website at the foliowing address:
httry/boorta I.ncdenr.orp/web/wg/admjnjboQ/ipu/edrnr.
If you have any questions concerning this matter or to apply for an SOC, please contact Roberto ScheUer of
the Mooresville Regional Office at 704-663-1699.
e-c W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Off'ice - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
State ofNorth Carolina Envimnmeata] Quallty 1 Water Resources
610 East Center Avenue, Suite 301, MooresvilFe, NC 2115
7fl4-i-1 f9Q

WaterResources
vonnomarterAt at)Atrrt
Certified Mail # 7015 1520 0002 8386 7595
Return Receipt Requested
June 9, 2016
Mr. Ed Goscicki, Public Works Director
Union County Public Works
500 N Main Street, Suite 500
Monroe, NC 28112
PAT MCCRORY
Gomm
NALD R„ vAN VAART
wow,
S. TAY 21 ERMAN
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2016-LV-0311
Permit No. NC0085812
Grassy Branch WWTP
Union County
Dear Mr. Goscicki:
A review of the February 2016 Discharge Monitoring Report (DMR) for the subje
violation(s) indicated below:
Limit Exceedance Violation(s):
Sample
Location
001 Effluent
Parameter
BOD, 5-Day (20 Deg. C)
Concentration (C0310)
Date
2 27/2016
Conform, Fecal MF, M-FC 2 27/2016
Broth,44.5C (31616)
Limit
Value
DartirOP
acility evealed the
Reported
Value Type of Violation
21.9 Weekly Average Exceeded
400 6,000 Weeky Geometric Mean 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 Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

11 you wish to provde additional information regarding the noted violation, request technical assistance, or
discuss averall compliance please respond in wnting wthn ten (10) business days after recelpt of this Notice A
review af your response wiI be considered along with any nformation provided on the subrnitted Discharge
Monftoring Report(s). You wiU then be riotified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the lO-day period, a civit penalty
assessment may be prepared.
Remedia actions shoud 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 aw. 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 appiying for a Special Order by
Consent.
Rerninder: Pursuant to Permit Condition 6 irt Section E, the Permittee is required to verbaily notify the Regiona
Office as soon as possible, not to exceed 24 hours, from first knowledge of any nori-compliance at
the facility inciuding imit violations, bypasses of, or failure of a treatrnent unit. A wrftten report may
be required within 5 days if directed by Division staif. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-Iine, etc.
Additionally and if you have not aready 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 foIowing address:
http:!/pprtal ncdenr.org/web/wq/admin/bog/ipu/edmr.
If you have any questions concerning this matter or to apply for ar SOC, please contact Roberto Scheller of
the Mooresville Regional 0f19ce at 704-663-1699.
Si ncer&y,
W. Corey Basinger, Regional Supervisor
Water Quaiity Regiona Operations Section
Mooresville Regional Offlce
Division of Water Resources, NCDEQ
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit Enforcement Fie
Suuc of North Caroiina 1 EnvironmntaJ Qua!itv Water Resouces
610 as Ceiitr Avenue, Suite 301, Moorcsvillc, NC 28115
704663 699

Faciti
Paramete
Da ts Parameter
Parameter
ler ViolationsISta Remarks
sor Remar
Completed by:
Assistant Regional
supervisor Sign Off:
tal Supervisor Sign
Off:
16, 1:17 PM
Month/Year:
% Over
DMR Rev
Record
Permit No.: 1) Pipe No,,.
Monthly_Ayerage Violations
Permit Limit DMR Value
kly i"Daily Vial
Action
Action
Monitoring, Frequency Violations
Permit Frequency Values Reported # of Violations Action
Date:
Date:
Date:
DMR Review Record Master 1602, Without $ Amts

i)IVISION OF WATER RESOURCES - CIV!L ASSMENI
Vjoator: Union County
Facility Name: Grassv Branch WWTQ
Perni it Numher: rC00858i2
County: Union
Case Number: LV-2016-0157
ASSESSMENT FACTORS
1) The degree and extent of harrn to the natural resources ef ibe Stale, to the puWic health, or to private
property resulting from the vioIatiop;
.7., ,_
2) The duration and gravitTy of thc violation;
ifrt
3) The effect on ground or snrfaee w$er quantity ar quality or on air qulity;
..
4) Thecos
) Th e
ing the damage;
t of money saved by noncompiiance;
6) Whetber the violation was cornmitted willfullyor intentionally;
4ff -J-
J>e- /
7) The prior record of the violator in compying or failing to cornpiy with programs over which the
Environ,nental Management Cornmission has regutatory authority. A 12-month cornpliance period review
(February 2015 to January 2016) found the foflowing violations:
03/2015 — 2 Weekly Average BOD, Monthly Average BOD, Weekly Average TSS LV-20160051
09/2015 —Weekly Average BOD, Monthly Average BOD — LV-2016 0049
10/2015 — Weekly Average BOD, Weekly Average Fecal Coliform, Monthly Average Flow, Weekty Average TSS —
LV-20 1 60083
11/20i5—Weeky Average Fecal Cotorm, Monthly Average Fow, MonthlyAverage NH3 as N —
NOV-2016-LV0145
12/2015 —, Monthiy Average Flow NOV-2016-LV-0195
01/2016 — Weekly Average Fecal Coliform, Monthly Average Flow, Weeky Average NH3 as N, Monthly Average
NH3 as N, Weekly Average TSS NOV-2016-LV-0294