NC0085812_Enforcement_20161026

Certified. Mail 4 7015 1520 0002 6984 7955
Return Receipt. Requested.
October 26, 20.16
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
and NPDES WW Permit No, NC0085812
Union County
Grassy Branch WWTP
Case No, f.V-2016-0213
Union County.
Dear Mr.
Go
icki:
6
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $22.6.34 ($125.00 civil penalty°
$101.34 enforcement costs) against Union County,
This assessment is based upon the following facts: a review has been conducted of thedischarge monitoring report (DMR)
submitted by Union County for the month of April 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 April 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. NC008581.2 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 assessedagainst 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 I nrnental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$125M0
$125.00
jOL34
226.34
1 ofthe 1 violations of 143-215. 1(a)(6) and Permit No.NC0085812, by discharging waste water into
the waters ofthe State in violation ofthe Perrnit Weekly Average for BOD Conc.
TOTAL CLYIL PENALTY
Enforcement Costs
TOTAL AMOUNT DUE
Pursuant to U.S 143-2156A(c), in determining the amount of the penalty 1 have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-282. i(b), which are:
(1) The degree and extent of harrn to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity ofthe violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying tbe darnage;
(5) The arnount ofmoncy saved by noucompiiance;
(6) Whether the violation was cornmitted willfui!y or intentionally;
(7) The prior record ofthe violator in complying or failing to cornply with programs over which the Environnienta!
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 rnust do one of the foliowing:
(1)
(2)
(3)
Submit payrnent of thc penalty, ()R
Submit a written request for remission, OR
Subrnit a written request for an administrative hearing
Option 1: Submit payrnent of the penalty:
Payment should be made directly to the order ofthc Departrnent ofEnvironmenta! Quality (do no inciude waiver
form). Payment of the penalty wil! 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
Ra!eigh, North Caroiina 27699-1617

Pr Option 2: Submit a written request for remission
request: o mitigation including a detailed justification 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 ou must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Sti ulation of Facts" form within thi L3OL4ayQkLQipt 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

�ption 3: File a petition for an administrative hearing wtb the Office of Administrative Hearins:
If you wish to contest any staternent in the attaehed assessment document you must file a petition for an administrative
hearing. You may obtain the petition forni from the Office of Administrative Hearings, You must file the petition with
the Office of Administrative Hearings within thirty (30) days ofreceipt ofthis notice. A petition is considered filed
wheri it is received in the Office ofAdministrative Hearings during normal office hours. The Office ofAdministrative
Hearings accepts fihings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The pelition may be filed by facsirnile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (ifa filing fee is required hy NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic trarismission, Y2i
should contact the Qffice ofAdrninistrative Hearings ith all questions rearding the filing fee andlor tjie details ofthe
ing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as foI1os:
Officc of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) eopy ofthe petition must atso be served ori DEQ as foliows:
Mr. Sain M. Flayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
P!ease indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one ofthe options above vithin thirty (30) days of receipt of this letier. as evidenced by an internal
date/time received stamp (not a postmark), wil! result in this maner being referred to the Attorney General's Office for
collection ofthe penalty through a civil action. Please be advised that additional penalties niay be assessed for violations
that occur after the reviev period of this assessment.
ilyou have any questions, please contact Roberto Scheller with the Division of Water Resources staif of the Mooresville
Regional Office at [phone] or via email at roberto.sche11erncdenr.gov,
Sineerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources. NCDEQ
A1TACHMENTS
Cc: WQS Mooresville Regional Office - Enforcement File
NPDES Compliance/Enforcenient Unit - Enforeement File

Case Number: LV-2016-0213
Assessed Party: Union County
Permit No.: NC0085812
JUSTIFICATION FOR REMISSION REOUEST
County: Union
Amount Assessed: $226.34
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. § 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 assessment factors 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 andpreventjiiture 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 payment for the remaining necessary remedial actions a e.,, explain
how payment of tlie civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORIH CAROLINA DEPARTMENT OF ENVIRONMENTAI QUALITY
COUNIY OF UNION
IN THL MA! LER OF ASSESSMENI
OF CIYIL PENAL TWS AGAINS 1
Union County
Grassy Branch WWTP
P[RMITE NO. NCOO8812
WAIVER OF R1Gff TO AN
kD fl ISTRATLVE A G
Sr]JPULATJON OF FACTS
CASE NO. LV-2016-0213
Has ing been assessd eh 11 penalties totaling $226.34 for io1atiun) as set furth in the isssinen docunient of the I)ivsion
of Water Resowces dated October 26 2016, the undersigned, desiring to seek rerntssion 01 the enil penalt), does hereby
waive the right to an admrnistrative hearing in the abovestated matter and does stipuIat. that the facts are as alleged in the
assessment doeurnent 1 he undersigned further understands that all e idence presented itt snpport of remission 01 this cr il
penalty must be suhmitted to the Dueetor 01 the Division 01 Water Resources within tlurty (30) days of reeeipt of the notice
of assessrnent, No new evidence in support of a rernission request will be allowed after (30) days from the reeeipt of the
nonce ofassessntent,
This the
daof ,20
ADDRI 55
SIGNA 1 URF
lELI PHONE

PERMIT: NCOOS58
FACILITY: Grassy Branch VIANTP
LI IT VIOLATION(S)
ATTACHMENT A
Union County,
CASE NUMBER: LV-2016-0213
SAMPLE LOCATION: utfnll001 .Effluent
Violation Report
Date Mon r Parameter
REGION: Moo
COUNTY' Union
Unit of Limit Calculated 70 Over Violation Penalty
Frequency Measure Value Value Lim it Type Amount
/ 016 4-2016BOD, _Day (20 Deg. Weekly mgfl 7 0 2 7 Weekly 1 5. 0:
Average
Exceeded
Concentration

CHARLOTTE
Jtil:••••• 21 2n1..:.
1 ! 1 \•
1 ii' 1.ir i \\ \\
1
1ft'-c td- 1 p iwn. i \ •ti-ii1
!th1i.L: 1 j\ 1. j'1111i \1 ''L t
\ i '1 ILH r 11\
T
(80) 77
n ov

'1.642a,"' °1.±6:13L61,04Ittad1igaiMik1tiat36113
City of Charlotte
Vendor Check Check
CHARLOTTE, NORTH CAROLINA Number Date Number
WELLS FARGO BANK, NATIONAL ASSOCIATION, CHAPEL HILL, NC 27514 5711 06/30/2017 00581484
COLLECTIBLE AT PAR THROUGH THE FEDERAL RESERVE BANK, CHARLOTTE, NC VOID 90 DAYS FROM DATE OF ISSUE
Pay Two Hundred T
TO The, ,.
Qi-der
nty Six Dollars and 34 cents
M-156/531
DEPARTMENT OF ENVIRONMENTAL QUALITY
WASTEWATER BRANCH
DIVISION OF WATER RESOURCES
1617 MAIL SERVICE CENTER
RALEIGH, NC 27699
CASE. IN-ZoN-0213
THIS DISBURSEMENT HAS BEEN
APPROVED AS REQUIRED BY THE
"LOCAL GOVERNMENT BUDGET AND $226.34
FISCAL CONTROL ACT"
.4"drnit
City Man
00058 /484 1:053 /0 /56 Li:207998 532275 /11°
City of Charlotte
600 at Fourth Street
Charlotte NC 28202-2818„,,
10/26/2016 RFC45844
Pagel of 1
7:7 „„:„.„,11111,10.0 41,1011111,' ittammingro
BORDER coarAINS MCROPFSINING
*"Check pick up by C Leggette DEPT
7040
Comment
Check Pick Up
Check Number: 005814134
226.34 0,00 226,34
.„::,vvegiogionfoggine, ,,,,,,,„4111110•121111911„,,, „Mk IA .
5711
DEPARTMENT OF ENVIRONMENTAL QUALITY 0058.1484 06/30/2017
226.34

ndrew
From: Pitner Andrew
Sent: Monday Ju y 24 2017 3 52 PM
To: Lewis Steven
Subject: FW: Check from Henry Eudy
Steve
M as e€ ed a ce r r ott€ Wat o enrg V 2 1 211 f r G a sy 8 arc WWT N 8812 ve erte d e
b u t epy€ t sts M ndaf rw rd g utfe g a t€ kva o rer ryalt d st tne wof y
q t
Ar e
A erPG
As tart Rgona. Spr, s
Water uaI ty Reg onal Opent ns Secton M or sv k Regiona Oth e Divis on of \
Qkt
046b ICY MR r ar
04 23 2180 d ret ff
WR L t http. w ater xg
61( Fa tCc terAvenue Sute (1 Moore 8115
tr Resources
epsrtTerr of Ervironmerta
Lrr correspondence to a d f om this addres s ub ect to the North Caro ina Pub te Records Law and rray b€ sdosed to th rd
pa t
Or a Mae
T s ger orey
5. Sarda iuy2 201 1 M
To tr r A drwa1d ewptrer@ncden ov
5 iL ec Check from Hen y Ludy
P le x tLe lo ko p na ty h f or erry ud fo 1 ri e and grd Lar h. he an f oll a es cas
y 1 g tori g tf e s rr b
L
Srtfr s r Pio

Basinger, Corey
From: Basinger, Corey
Sent: Tuesday,
To: 'edwand oscicki@unkz gm/;AmdyNaff: 'hewdy@nhadnttenn,gov'
Cc: ScheUer, Rnbmdn� Pitner.Andnew
Subject: outstanding penalty settlement...
Mr.Goscicki,
Based onmytelephone conversation with Henry Eudy this morning, be|o
penalty assessments for Union County:
a the details of the two (2) outstanding civil
2) LV'2016{137 lssuedtoUnion[ounty—TwelveMi|eCreekVVVVTPVnAugus 1,2O16inthe amount nf
$1,550.53 ($1^4S0.00 plus $1O0.S3enforcement cost)
Aportion ufthis civil penalty was issued inerror. Specifically, the Ammonia -Nitrogen violation ($1S8)and one n/
the Fecal [o|ibrrmviolations ($I6O)were issued in error.
The revised/corrected civil penalty assessment is $1,250.53 ($1,150.00 plus $180.63 enforcement cost). Acopy
of the revised document is being mailed to your attention via certified mail today.
Pursuant to my telephone conversation with Henry Eudy, the Division is prepared to offer settlement in the
amount of$1,0ZV.S3($92O.00plus $l0O33enforcement cocd,which isa20%reduction inthe penalty amount,
Should you choose to accept this settlement offer, please remit payment to the Department of Environmental
Quality in the amount of $1,020.53 to the Mooresville Regional Office at the following address:
N[DBQ—Division ofWater Resources
6lOE.Center Avenue, Suite 3O1
Mooresville, NC 28115
Attn: VV.Corey Basinger
2) LV'2O16'OI13issued tmUnion County —Grassy Branch VVVVTPnnOctober Z6,ZUl6,inthe amount of$236.34
($1I5.8Uplus $10l.34enforcement costs)
A copy nfthis case, dated October 26,2O16,isbeing mailed tVyou today. |annnot authorized tnoffer any
settlement afthis penalty, You may also remit payment inthe amount of$2%6.34tothe address above.
,
| greatly appreciate the input and assistance ofMr. Eudy in this process. Please allow me to again apologize for the error
inthe original assessment ofcase LV-2016-0137. |amhopeful that this caused noinconvenience for Union County.
Should you have any questions orcomments, please do not hesitate tncontact me directly at 704'235-2194.
Many thanks,
Corey
W
Regional Supervisor
Division ofWater Resources
Mooresville Regional Office
Department ofEnvironmental Quality

certified Mad # 7015 1520 0002 8386 7762
Retum Receipt Requested
August 12, 2016
Mr. Ed Goscicki, Pubiic Works Director
Union County Public Works
500 N Main Street, Sufte 500
Monroe, NC 28112
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-20:6-LV-0456
Perrnit No. NC0085812
Grassy Branch WWTP
Union County
Dear Mr. Goscicki:
A review of the April 2016 Discharge Monitoring Report (DMR) for the subject aciUty revealed the violation(s)
indicated beow:
Limit Exceedance Violation( )j
Sample Limit Reported
Location Parameter Date Value Vatue Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) 4/30/2016 7,5 95 Weekiy Average Exceeded
Concentration (CO3 10)
A Notice of Violation/intent to Issue Civ Penalty is being issued for the noted vioation of North Carolina General
Statute (G.S.) 143-215.1 and the faciflt'y's NPDES Permit. Pursuant to G.S. 143-215.6A, a civil penaity of not
more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or falis
to act in accordance with the terms, conditions, or requirements of any perrnit issued pursuant to G.S.
143-215. :1,
If you wish to provide additional information regarding the noted vioation, request technical assistance1 or
discuss overall compliance please respond in writing within en (10) business days after receipt of this Notice. A
review of your response wi( be considered along with any inforrnation provided on the submitted Discharge
Monitoring Report(s). You wifl then be notifled of any civi! penalties that may be assessed regarding the
violations. If no response is received in this Office within the lO-day period, a civil penalty
assessment may be prepared.
State of North Carolina Envimnmental Quality 1 Water Rcsources
610 East enter Avenue, Suite 301, Mooresvilte, NC 28 15

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:J/portal.ncdenr.org/web/wq/admin/bog/ipu/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 Environmental Quality I Water Resources
610 East Center Avenue„ Suite 301, Mooresville, NC 28115

Parameter
Date
Parame
DMR Review Record
Permit No: VL\Jj Pipe No:
Monthlv Averacie Violations
Permit Limit DMR Value ¼ Over Limit
WeeklylDailv Violations
Permit Limit Lirnit Tpe DMR Value
MonthiYear
0/ Over Limit
Action
Action
Monitorinq Frequency Vioations
Date Pararneter Permit Frequency Values Reported # of Violations Action
Other ViolationslStaff Remarks: C-
1\( e4
) \ \3e\'j
4S— LL1
-
Completed by:
Assistant Regional
Supervisor Sign Off:
Date;
Date:
Regiona Supervisor Sign
Off:
2/3/2016, 1:17 PM
Date:
DMR Review Record Master 1602, Without $ Amts

DIVISION OF WATER RESO (ES - CIVIL PENALTVASSESSMENT
Violator: Union County
Facility Name: Grassy Brandi WWTP
Permit Number: NC0085812
County: Union
Case Number: LV-2016-0213
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;
4469
75'1-
2) The duration and gravity of the violation;
„c
3) Th7 effect on ground or surface water quantity or quality or on air quality;
/t44
4) The cst of rectifying the damage;
J‘'
5) The amount of money saved by noncompliance;
e 4
6) Whether the violation was committed willfully or intentionally;
74-
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; a 12- month compliance review period, April
2015 to March 2016, was reviewed with the following reported violations;
09/2015 - Monthly Ave BOD, Weekly Ave BOD, LV-2016-0049
10/2015 - Weekly Ave BOD, Weekly Geo Mean Fecal Coliform, Monthly Ave Flow, Weekly Ave TSS, LV-2016-0083
1 taoi5 - Weekly Geo Mean Fecat Coliform, Monthly Ave Flow, Monthly Ave NH3 as N, NOV-2016- LV-0145
12/2015 - Weekly Geo Mean Fecal Coliform, Monthly Ave Flow, Monthly Ave NH3 as N, Weekly Ave NH3 as N,
Weekly Ave TSS, LV-2016-0114
02/2016 - Weekly Ave BOD, Weekly Geo Mean Fecal Coliform, LV-2016-0157
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff time._ ... .$ 33,78
1 hour supervisor time. .$ 52.56
Administrative staff cost, ..... 15.00
Total Enforcement Cost $ 101.34
‘9,--1-1014
Date W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ