NC0024945_DV-2022-0142_20221228 (3)

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
IN THE MATTER OF
CHARLOTTE WATER
IRWIN CREEK WWTP
FOR VIOLATIONS OF:
(NCGS) 143-215.1 (a)(1)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
CASE NO. DV-2022-0142
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, Andrew H. Pitner, of
the Division of Water Resources (hereby known as DWR), make the following:
I. FINDING OF FACT
A. Charlotte Water is a person organized and existing under the laws of the State of
North Carolina.
B. On August 17, 2017, Charlotte Water was issued NPDES Permit No. NC0024945
effective October 1, 2017, for the operation and maintenance of the Irwin Creek
wastewater treatment plant, with the discharge of treated effluent into Irwin
Creek, classified as C in the Catawba River Basin, in accordance with the
provisions of Article 21 of Chapter 143, General Statutes of North Carolina.
C. Charlotte Water has submitted an application for the renewal of NPDES Permit
No. NC0024945. DWR received the permit renewal application on December 1,
2021, and Charlotte Water is currently operating under the requirements of the
expired permit unit a new permit is reissued.
D. Irwin Creek is classified as C in the Catawba River Basin and is thus governed
under North Carolina General Statute (NCGS) 143-215.1(a).
E. On November 1, 2022, approximately 838,543 gallons of partially treated
wastewater (no disinfection) was discharged into Irwin Creek from the Charlotte
Water/Irwin Creek wastewater treatment plant. Charlotte Water provided a verbal
notification to the Mooresville Regional Office (MRO) of the DWR on November
1, 2022, and a follow-up written report on November 7, 2022. The written
response indicated that Charlotte Water would be replacing the malfunctioning
equipment in the UV disinfection system and additional improvements (a timer
with an alarm system) would be installed to improve detections of any future
malfunctions.

F. A Notice of Violation/Notice of Recommendation for Enforcement, NOV-2022-
DV-0335, was issued to Charlotte Water on November 15, 2022, for the violation
of G.S. 143-215.1(a)(1). Charlotte Water provided a written response on
December 6, 2022, that included the following comments: the discharge was an
unforeseen/unanticipated event that was outside all reasonable control of Irwin
Creek/Charlotte Water due to the unresponsiveness of the UV disinfection
system's Programable Logic Controller, the discharge event had no human health
or environmental impacts, corrective actions were taken to minimize/prevent
future occurrences, Charlotte Water has a long history of open and honest
communication with DWR and the Irwin Creek wastewater treatment plant has
maintained an excellent compliance record.
G. North Carolina General Statutes 143-215.1. (a)(1) states:
Activities for Which Permits Required. — Except as provided in subsection
(a6) of this section, no person shall do any of the following things or carry out
any of the following activities unless that person has received a permit from
the Commission and has complied with all conditions set forth in the permit:
(1) Make any outlets into the waters of the State.
H. North Carolina General Statue 143-213. Definitions defines "outlet" as:
"The terminus of a sewer system, or the point of emergence of any waste or the
effluent therefrom, into the waters of the State."
I. A DWR file review confirmed that Charlotte Water is not allowed as a condition
of any permit, special order, or other appropriate instrument issued or entered into
by the Commission under the provisions of this Article to violate water quality
standards, permit conditions, or rules/regulations established for any point source.
J. The cost to the State of the enforcement procedures in this matter totaled
$ 355.05.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Charlotte Water is a `person' within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212 (4).
B. Irwin Creek, currently classified C waters within the Catawba River Basin,
constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to
G.S. 143-212 (6).
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C. Charlotte Water was issued NPDES Permit No. NC0024945 in accordance with
G.S. 143-215.1(a) for the operation and maintenance of a wastewater treatment
plant and the discharge of wastewater in compliance with permit limits and
conditions.
D. On November 1, 2022, Charlotte Water violated G.S. 143-215.1 (a)(1) by making
an unpermitted outlet by discharging partially treated wastewater (no
disinfection), which is required prior to discharge according to NPDES Permit
No. NC0024945.
E. Charlotte Water may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000) per violation per day may be assessed against any
person who is required but fails to apply for or to secure a permit required by G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of such permit or any other permit or certification issued pursuant
to authority conferred by this Part.
F. The State's enforcement cost in this matter may be assessed against Charlotte
Water pursuant to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).
G. Andrew H. Pitner of the Division of Water Resources, pursuant to delegation
provided by the Secretary of the Department of Environmental Quality and the
Director of the Division of Water Resources, has the authority to assess civil
penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION
Accordingly, Charlotte Water is hereby assessed a civil penalty of:
$ 750.00
$ 750.00
$ 355.05
$ 1,105.05
for 1 of 1 violation of NCGS 143-215.1 (a)(1) for making an
outlet and discharging partially treated wastewater into waters of
the State without a permit.
TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 143B-282.1(b), which are:
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(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 violations;
The duration and gravity of the violations;
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 violations were 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
1/6/2023
Date
—DocuSigned by:
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Andrew H. Pitner, P.G.
Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
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