NC0069841_Regional Office Historical File Pre 2018

Certified Mail # 7015 1520 0002 6878 2202
Return Receipt Requested
December 08, 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. NC0069841
Union County
Crooked Creek WWTP #2
Case No, LV-2016-0246
Union County
Dear Mr. Goscicki:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
+ $101.34 enforcement costs) against Union County,.
1,351.34 ($1,250.00 civil penalty
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 July 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. NC0069841. The violations, which
occurred in July 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. NC0069841 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 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 Enviromnen
610 East Center Avenue, Suite 301,
704-663 -1699
uality I Water Resources
ooresville, NC 28115

$750.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0069841, by discharging waste water into
the waters of the State in violation of the Perrnit Monthly Average for BOD - Conc.
$250.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0069841, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Conc.
W0.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0069841, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for TSS - Conc.
$1,250.00 TOTAL CIVIL PENALTY
$101.34 Enforcement Costs
$1,351.34 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(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-282.1(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;
() 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 Environmental
Management 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)
(2)
(3)
Submit payment of the penalty, OR
Submit a written request for remission, OR
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

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 rnust 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 orderiQi ietreIillSiOfl. you must coniplete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and brnit the enclosed "Justification for
Remission Re uest."
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 administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of 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 filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must o 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.schelle nedenr.gov.
Sincerely,
f-ztt 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-2016-0246
Assessed Party: Union County
Permit No.: NC0069841
JUSTIFICATION FOR I�MISSLON ST
County: Union
Amount Assessed: $1,351.34
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 (i.e., explain the
steps that you took to correct the violation and prevent future 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 (i.e., explain
how payment of the civil penaly will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLT ,TA
COUNTYI
IN T _ ER OF ASSESS
OF CWIL PENALTIES AGAINST
Union County
Crooked Creek
PE * IT NO. N0041
2
DEPART $ NT OF ENV NTAL QUIITY
II, OF ITT TO AN
T TRATT'E HEARING
STIPULATION OF FACTS
CASE NO. L - 016-
Having been assessed civil penalties totaling $1,351,34 for violationts) as set forth in the assessment document of the;
Division of Water Resources dated December 08, 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 ail evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days
of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days
from the receipt of the notice of assessment.
This the
dar o 20
ADD SS
SIGNATURE
TELEPHONE

ATTACHMENT A
Union County
CASE NUMBER: LV-2016-0246
PERMIT: NC0069841
FACILITY: Crooked Creek WWTP #2
IMIT VIOLATIONS)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report
Date MonthlYr. Parameter Frequency
711612016 7-2016 BOO, 5-Day (20 Deg, X week
C) - Concentration
REGION: Mooresville
COUNTY: Union
Unit of Limit Calculated % Over Violation
Measure Value Value Limit Type
mg/l
7.50
44
Penalty
Amount
486, 7
Weekly
Average
Exceeded
$250.00
7/31/2016 7-2016 BOD, 5-Day (20 Deg. 3 X week mg/1
C) - Concentration
10.20 103.4 Monthly
Average
Exceeded
$750.00
7i161'20"16 7-2016 Solids, Total 3 X week mg/1 45 152 237.8 Weekly
Suspended- Average
Concentration Exceeded
$250.

CHARLOTTE
Mr, VV.Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional (JMSoa
Division ofWater Resources, 0EQ
610East Center Ave,Suite 3Ul
Mooresville, NC 28115
Subject:
NoticeofVio|ahon—EfOuentLimbadon
Tracking#: NOV-2016'LV-0609
Crooked Creek #1VVVVTP
NPD[SPermit No. N[0O6984I
Union County
Dear Mr, Basinger;
We have received the NOV referenced above for a weekly BOD and Suspended solids violations
for the week ending on7/I6/l6and for the monthly average inJuly, 2016for 8OD. These
violations occurred due toone sample collected on7/12/16. |nthe previous 24'hnumlthad
rained steadily and the flows were elevated. Solids inthe clarifier bulked upand started
overflowing through the tertiary filters. The filters were kept on-line and were constantly back
washing causing an even larger amount of flow to enter the plant from the back wash. The high
flows and solids bulking in the clarifier caused the sample collected on 7/12/16 to have high
solids and BUD,the ammonia result was in compliance with permitted Yimit».
When the problem was discovered on the morning of 7/12/16 actions were taken immediately
to reduce the solids flowing Out Vfthe plant. We were able to get the plant back into
compliance. Nofurther issues have Occurred since this date.
Union County Public Works (UCPVV) has started a construction pnoject—dated to be completed
by the summer of 2017 — that is installing a new influent pump station and a 3.0 million gallon
flow equalization tank. When this project iscomplete heavy surges offlow into the plant will he
better controlled and circumstances such axthis should bealleviated.

If you have any questions about this response, please contact Da Padgett, Operations
Manager for the UC O&M operation, n„ at 704/4 7- . 77 or Danny L. Smith, Crooked Creek
Supervisor at 704/ 75-52 .
Thank you for your consideration on this issue,
Dawn K. Padgett
Operations Manager
Charlotte Water ® UC O&M
8299 Kensington Dr.
Waxhaw, NC 28173
A. Neff, UCPW
J. Jarrell, CIt-W
D.L. Smith, Clt-W
Page 2 of

Certified Mail # 7015 1520 0002 68'7l 2165
Return Receipt Requested
November 9, 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-0609
Permit No. NC0069841
Crooked Creek WWTP #2
Union County
Dear Mr. Goscicki:
A review of the July 2016 Discharge Monitoring Report (DMR
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter Date Value Value Type of Violation
he subject facility revealed the violation(s)
Limit Reported
001 Effluent BOD, 5-Day (20 Deg. C) - 7/16/2016 7.5 44 Weekly Average Exceeded
Concentration (C0310)
001 Effluent Solids, Total Suspended - 7/16/2016 45 152 Weekly Average Exceeded
Concentration (C0530)
001 Effluent BOD, 5-Day (20 Deg. C) -
Concentration (C0310)
7/31/2016 5 10.17 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 I Environrnental Quality j Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
'IAA _441_ 1400

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 following address:
http: //porta I. ncden r.orgiwebfwq/adm n/bogiipuied mr.
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 Environmental Quality Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Date
..44M1A,
Date
DMR Review Record
Permit No.: C',(-.\pj-\ Pipe No.: Oat
Monthly Average Violations
Permit Limit DMR Value % Over Limit
Parameter Permit Limit
Parameter
klWeyJDaiyyjoIations
Limit Type DMR Value
\SE,I:PceLL
Monitoring Frequency Violations
Permit Frequency Values Reported
MonthlYear:
% Ove
ok-1_
Action
Action
# of Violations Action
Other *olationsiStaff Remarks:
hiO,r)t
)s-Nots-4rN ;)4-`k LA3t4i*--L(
%--L\J- 0161
—LI
Supervisor 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

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESS NT
Violator: Union County
Facility Name: Crooked Creek WWTP #2
Permit Number: NC0069841
County: Union
Case Number: LV-2016-0246
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulling from the violation,.
A:krt 1/4- .44-A'-} itsr• 0,12-CA r
2) The duration and gravity of the violation;
6, c
3) The effect on ground or surface water quantity or quality or on air quality;
c No..4 i\j,(._y_
4) The cost of rectifying the damage;
vl kiL.srAry-,/
5) The aniount of money saved by noncompliance;
Lk IA vq:51--) A
6) Whether the violation was committed willfully or intentionally;
,v,Aczyk--Lay\e,
kkj
7) The prior record of the violator in comply' g or failing to comply with programs over which the
Environmental Management Commission has regulatory authority and a 12- month compliance review from July
2015 to June 2016 found the following violations:
08n015 - Weekly Geo Mean Fecal Coliform — NOV-2015-LV-0787
12/2015 — Weekly Ave BOD, Weekly Ave TSS, NOV-2016-LM-0024
02/2016 — Monthly Ave BOD, 2-Weekly Ave BOD, Monthly Ave TSS, Weekty Ave TSS — LV-2016-0158
8) The cost to the State of the enforcement procedures.
Enforcement Cost:
1 hour staff tirne. 33.78
1 hour supervisor 52.56
Administrative staff cost. $ 15.00
Total Enforcement Cost $ 101.34
Date
Fz.) A__ W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ