WQCS00171_DV-2016-0024_20160208

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Certified Mail # 7015-1520-0002-8376-2630
Return Receipt Requested
February 08, 2016
Andy Lucas, County Manager
Greater Badin Water & Sewer District
1000 N 1st St,, Ste. 12
Albemarle, NC 28001
SUBJECT: Notice of Violation and Assessment of Civil. Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No. WQCS00171
Greater Badin Water & Sewer District
Greater Badin Collection System
Case No. DV-2016-0024
Stanly County
Dear Mr. Lucas:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $898.98 ($750.00 civil penalty +
$148.98 enforcement costs) against Greater Badin Water & Sewer District.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Greater Badin Water & Sewer District. This review has shown the subject facility to be in
violation of the requirements found in Collection System Permit No. WQCS00171 and G.S. 143-215.1(a)(1). The
violation(s) that occurred are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Greater Badin Water & Sewer District violated the terms,
conditions or requirements of Collection System Permit No. WQCS00171 and G.S. 143-215.1(a)(1) 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 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 Departrnent 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 Greater Badin
Water & Sewer District:
State of North Carolina 1 Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

$750,00 For 3 of the 5 other violations of Collection System Permit No. WQCS00171.
$750.00 TOTAL CIVH, PENALTY
$_148.98 Enforcement Costs
$898.98 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 G.S. 143B-282.1(b), which are:
(1)
(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 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 rnust do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Subtnit a written request for an administrative hearing
Option: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
forn)Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Steven Lewis
PERCS Unit
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 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 tnust 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 remisjonyou must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Rh to an Administrative Hearing, and Stipulation of Facts" form within thirty 30 da s 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:
Steven Lewis
PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
W. Corey Basinger, Regional Supervisor
Water Quality' Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
610 East Center Avenue, Suite 301
Suite 301, Mooresville, NC 28115

Option 3: 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 § 1 SOB-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 Hearings with all questions regarding the fling fee and/or the details ©f_the
filingprocess,
"hhe mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows;
Office of Adrninistrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel.: [phone]
I ax: [phone]
One (1) copy of the petition roust also be served on DEQ as follows.
Mr, Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-160].
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, .s evid.enced 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 Barry Love with the Division of Water Resources staff of the Mooresville
Regional Office at [phone] or via email [e-mail].
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional. Office
Division of Water Resources, NCDEQ
ATTCI=IMENTS
Cc. WQS Mooresville Regional Office - Enforcement File
PERCS Unit - Enforcement File

JUSTIFICATION FOR REMISSIQN REQIJEST
Case Number: DV-2016-0024
Assessed Party: Greater Badin Water & Sewer District
Permit No.: WQCSOO171
County: Stanly
Amount Assessed: $_898.98
Please use this form when requesting remission of this civil penalty.. You must also complete the "Request For ReinissiO
Waiver of Right to an Administrative Hearing, and Stipulation ofFacts" form to request remission ofthis 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. I43B-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 . 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 (i.e., explain
how peryrnent of the civil penalty will prevent you from performing the activities necessary to achieve
compliance),
EXPLANATION:

STATEF NORTHCAROL I.
COUNTY OF STANTAI
IN THE TIER OF ASSESSMEN"1`.
OF CIVIL PENALTIES AGAINST
Greater din Water & SewerDistr
Greater Badin Collection Sste
PERMIT NO. WQCS001 71
1. IMF T OF ENVIRONMENT
R OF . , GHT TO
AIL ISTRAT
STIPULATION OFFACES
CASE'-. .-0
A.N.
QUAL1'1-Y
Having been assessed civil penal o ling1898.98 for violation(s) as set forth in the assessment document of the Division
of Water r Resources dated , the undersigned, desiring to seek remission t f the civil penalty, dcies hereby wive the right to
an administrative hearing in the above -stated matter and does stipulate that the facts we as alleged in the assessment
document. The undersigned Furth r understands that all evidence presented in support of remissin of thicivil penalty roust
be sub fitted to the Director cal"the DilliSiOrl Of Water Resources within thirty (30) days of receipt of the notice of
assessment. No new esndenee in support of a remission request will be allowed after 3 days from the receipt of the
notice of asses rrserct
ADDRE
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71
FACILITY:
ATTAC T
Greater Badin Water& Seer District
CASE NUMBER: V- 1 -
Bedsit Collection System
COUNTY:Steely
MONITORING
REPORT
AREA
DSO/SSO(Sewr
Overflor
CSO/SSO(Stawer
Overflow)
LSO1SSO(Sevrer
Overflow)
DSO/SSO(Seer'
Overflow)
t;SOiSSO(Sevver'
Overflow)
DEED PION
Discharge without valid perm
Ciisa harge v itheut valid permit
Discharge without valid permit
Discharge hout valid permit
Discharge r rithout valid permit
REGION:
VIOLATION
DATE
VIO 10 TYPE
211tt
Discharge without valid
permit
Discharge without valid
perm t
Dischart e vvittmcut valid
Discharge without valid
permit
Discharge without valid
pe tt

COUNTY
RE-cEmpro,for),ENRitym,
2 5 2 El 1
Wace, Zord, Yocaess',
KINN_ off irE
January 19, 2016
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources NC DEQ
610 East Center Avenue, Suite 301
Mooresville, North Carolina 2811.5
Subject: Response to Notice of Violation & Intent to Issue Civil Penalty
Tracking No. NOV-201 5-DV-0285
Collection System Permit No. WQCS00171
Stanly County
Dear Mr. Basinger:
The Greater Badin Collection System Permit No. WQCS00171 would like to address and explain the
circumstances concerning the self —reported Sanitary Sewer Overflows (SSOs) during the month of
November 2015.
On November 2, 2015 the Stanly County area of North Carolina experienced an excessive level of rainfall
in a short period of time. More than 1.5inches was recorded for that one -day rain event. On November
9. 2015 the Stanly County area of North Carolina experienced an excessive level of rainfall in a short
period of time. More than 2 inches was recorded for that one -day rain event. Also on November 19,
2015 the Stanly County area of North Carolina experienced an excessive level of rainfall in a short period
of time. Nearly 1 inch was recorded for that one -day rain event. As a result, on the various occasions the
Greater Badin Collection system experienced a spills at the West Badin, Airport 41, and Hwy 73 #3 pump
stations. In all cases Utilities personnel reported the spill to the State and conducted an appropriate spill
respon.se.
As a result of the mitigating factors of excessive rain in a very short period of time, along with immediate
response to these issues, Stanly County Utilities is requesting forbearance of enforcement and penalties
related to these incidents.
If there are any questions regarding this letter, please feel free to contact me at 704) 986-3691.
Sincerely,
Donna L. L. Davis, Director
Stanly County 'Utilities
P; 704.986.3686
704.986.3711.
0,1.yriJi1'tyllc:
Stanly County Utilities
1000 N. First Street, Suite 12, Albemarle, NC 28001

A
CERTIFIED MAIL: #7015 1520 0002 8376 2258
RETURN RECEIPT REQUESTED
January 12, 2016
Andy Lucas
Greater Badin Water & Sewer District
1000 N 1st St Ste 12
Albemarle, NC 28001
PAT MCCROR.Y
tr voracr
DONALD R. VAN DER AART
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2015-DV-0285
Sanitary Sewer Overflows - November 2015
Collection System Permit No. WQCS00171
Greater Badin Collection System
Stanly County
Dear Mr. Lucas:
S.. JAY ZII+ERMAN
Direcxor
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Greater Badin Water & Sewer District and Stanly County Utilities for the month of November 2015. The Division's
Mooresville Regional Office concludes that the Greater Badin Water & Sewer District violated Permit Condition I (2)
of Permit No. WQCS00171 by failing to effectively manage, maintain, and operate their collection system so that
there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet
to waters of the State for purposes of G.S. 143-215.1 (a)(1), for which a permit is required by G.S. 143-215.1,
The Mooresville Regional Office is providing the Greater Badin Water & Sewer District an opportunity to provide
evidence and justification as to why the Greater Badin Water & Sewer District should not be assessed a civil
penalty for the violation(s) that are summarized below:
Incident Start Duration
(Number Date (Mins) Location.
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
201501510 11/2/2015 840 West Badin PS
2.01501509 11/2/2015
975
Airport #1
Inflow and
Infiltration, Severe
Natural Condition
17,000 17,000 Intent to Enforce
Inflow and Infiltration 1.0,000 10,000 Intent to Enforce
201501638 11/9/2015 615 28324 HWY 73 PUMP Inflow and
Infiltration, Severe
Natural Condition
STATION#3
6,000 6,000 Intent to Enforce
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Incident Start Duration
Number Date (Mins) Location
Cause
201501640 11/9/2015 30 West Badin Pump Station, Inflow and
Intersection of Lincoln Infiltration, Severe
and Sherman Streets Natural Condition
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
6,000 6,000 Intent to Enforce
20150169 11/9/2015 6525 Airport #1 Pump Station Inflow and 5,000 5,000 Intent to Enfo
Infiltration, Severe
Natural Condition
201501695 11/19/2015 540 West Badin PS Inflow and Infiltration 10,000 10,000 Intent to Enforce.
This Notice of Violation / Notice of Intent to Enforce (NOW/NOI) is being issued for the noted violation, Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars (S25,000.00) 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.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all Other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violators history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Barbara Sifford with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at Barbara.Sifford©ncdenr.gov.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office — WQCS00171 File
Central Files, Water Quality Section
State of North Carolina 0 Environmental Quality j Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

TION ON DEL WRY
STANLY COMMONS
1000 N. FIRST STREET
SUITE 10
ALBEMARLE NC 28001
ATTN: ANDY LUCAS, COUNTY MGR,
dwr/bs 1,/ 2/16.
7015 520 0002 8376 2258
U.S. Postal ServiceTM
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, v sit our tier
Certified Melt Fee
STANLY COMMONS
1000 N. FIRST STREET
'r.) SUITE 10
a ALBEMARLE NC 28001
ATTN: ANDY LUCAS, COUNTY MGR.
dwa b

Violator:
Case #:
NCDEQ - Division of Water Resources
Surface Water Protection Section
Sanitary Sewer Overflow Penalty Matrix
- 6;124,aie42. Assessor:
Incident #:
I ASSESSMENT FACTORS 43B-2821(N
1. Harm:
2. Duration and Gravity of the Violation
3. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7 Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
Comments:
„,e,e-te 4'21
Cc? 4 Date:
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Violator:
Case #:
NCDEQ Division of Water Resources
Surface Water Protection Section
Sanitary Sewer Overflow Penalty Matrix
"D.. f ]t,r,n Assessor:
Incident
ASSESSMENT FACTORS u.s.14e-282.1(b)
1. Harm:
2. Duration and Gravity of the Violation
3. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
Comments:
4
r1 2©ate.