NC0020184_Enforcement (Letter)_20230106

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. PLO GERS, JP,.
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N0FRTH CAROUNA
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January 6, 2023
CERTIFIED MAIL #: 7022 0410 0000 7789 2564
RETURN RECEIPT REQUESTED
Mr. Michael Peoples
City of Gastonia
PO Box 1748
Gastonia, NC 28053-1748
Subject: Notice of Violation and Assessment of Civil Penalty
Violation of G. S. 143-215.1(a)
Unpermitted Discharge of Wastewater
Tracking #: DV-2022-0124
Permit No. NCO020184
Two Rivers Utilities/Long Creek WWTP
Gaston County
Dear Mr. Peoples:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $3,160.45 ($3,000.00 civil
penalty + $160.45 enforcement costs) against City of Gastonia.
This assessment is based upon the following facts:
• On September 20, 2022, Two Rivers Utilities (TRU) reported to this Office that approximately 275,000
gallons of partially treated wastewater (no disinfection) was discharged into South Fork Catawba River from
the Two Rivers Utilities (TRU)/Long Creek WWTP on September 19, 2022.
• TRU's follow-up written report attributed the discharge of partially treated wastewater to the maintenance
activities being performed on the reuse water distribution system. No disinfection was provided to the wastewater
during these maintenance activities for approximately two hours and fifteen minutes.
• TRU had not applied for nor secured a permit to discharge the partially treated wastewater from the Division.
North Carolina Dcpartmcnt of Enviranmenlal Quality I Division of Water Rrsourccs
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Based upon the above facts, I conclude as a matter of law that City of Gastonia violated G.S. 143 -215. 1 (a)(6) "Cause
or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the
State in violation of the water quality standards applicable to the assigned classifications or in violation of any
effluent standards or limitations established for any point source, unless 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".
In accordance with the maximums established by G.S. 143-215.6A(a), 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,
Andrew H. Pitner, Assistant Regional Supervisor, Water Quality Regional Operations Section, Mooresville Regional
Office, hereby make the following civil penalty assessment against City of Gastonia:
$3,000.00 For violation of G.S. 143-215. 1 (a)(6), for unpermitted Discharge of Wastewater
160.45 Enforcement Costs
3 160.45 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. I (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;
(2) 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) 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

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 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 must complete 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
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:
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:
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. William F. Lane, 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 Ori Tuvia with the Division of Water Resources staff of the Mooresville
Regional Office at 704 235 2190 or via email at [e-mail].
Sincerely,
DOCUSigned by:
A HPuft
F161 F669A2D84A3...
Andrew H. Pitner, P.G., Assistant 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
David Shellenbarger, Stephanie Scheringer, Rene Martinez and Mourice Brotherton (via email)

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0124 County: Gaston
Assessed Party: City of Gastonia
Permit No.: NC0020184 Amount Assessed: $3,160.45
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 penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF GASTON
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Gastonia )
Long Creek WWTP )
PERMIT NO. NCO020184 ) CASE NO. DV-2022-0124
Having been assessed civil penalties totaling $3,160.45 for violation(s) as set forth in the assessment document of the
Division of Water Resources dated January 6, 2023, 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 all 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 day of 920
SIGNATURE
TELEPHONE

STATE OF NORTH CAROLINA
COUNTY OF GASTON
IN THE MATTER OF
CASE NO. DV-2022-0124
City of Gastonia
Long Creek WWTP
Permit No. NC002184
FOR VIOLATIONS OF:
NCGS 143-215.1(a)(6)
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
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. City of Gastonia is a person organized and existing under the laws of the State of North Carolina.
B. Long Creek WWTP is a permitted facility (permit NC0020184) discharging into South Fork Catawba River.
C. On September 20, 2022, Two Rivers Utilities (TRU) reported to this Office that approximately 275,000
gallons of partially treated wastewater (no disinfection) was discharged into South Fork Catawba River from
the Two Rivers Utilities (TRU)/Long Creek WWTP on September 19, 2022.
D. TRU's follow-up written report attributed the discharge of partially treated wastewater to the maintenance
activities being performed on the reuse water distribution system. No disinfection was provided to the
wastewater during these maintenance activities for approximately two hours and fifteen minutes.
E. TRU had not applied for nor secured a permit to discharge the partially treated wastewater from the Division.
F. On September 28, 2022, the Mooresville Regional Office (MRO) of the DWR issued a Notice of
Violation/Notice of Intent to Enforce (NOV-2022-DV-0280) to City of Gastonia.
G. On October 13, 2022, DWR received a letter from Stephanie Scheringer, Division Manager Wastewater
Treatment, Two River Utilities, in response to the Notice of Violation -Notice of Intent to Enforce (NOV-
2022-DV-0280), explaining the following:
■ Long Creek WWTP experienced a leak from the internal reuse water piping which necessitated an
emergency shut down of the internal reuse water system that resulted in the discharge of plant effluent
that was not fully disinfected.
■ Maintenance staff worked diligently to repair the piping system so that the reuse water system could be
restarted and the new check valve put in place.
■ After a thorough review of this incident with all appropriate staff, it was determined that during future
similar projects, additional efforts will be taken to secure the piping.
■ The operations staff who were on site are relatively new and lacked the detailed knowledge and
experience to take this action. By the time an experienced staff member was contacted for input, the
piping repair was completed. All Plant Operators have since been trained in detail on mitigating actions
that must be taken during future similar incidents. This training included hands-on, field training for all
staff. Additionally, the potential for similar incidents is being reviewed. Where appropriate, necessary
instructions will be added to existing standard operating procedures and/or incorporated into staff
training.
H. North Carolina General Statute 143-215.1(a) states:

(a) 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:
(6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the
waters of the State in violation of the water quality standards applicable to the assigned classifications or in
violation of any effluent standards or limitations established for any point source, unless 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.
I. The cost to the State of the enforcement procedures in this matter totaled $160.45.

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: City of Gastonia
Long Creek WWTP
Permit: NCO020184
County: Gaston
Case Number: DV-2022-0124
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; On September 20, 2022, Two Rivers Utilities (TRU) reported to this
Office that approximately 275,000 gallons of partially treated wastewater (no disinfection) was discharged
into South Fork Catawba River from the Two Rivers Utilities (TRU)/Long Creek WWTP on September 19,
2022. The discharge of wastewater without proper disinfection has the potential to adversely impact natural
resources and human health.
2) The duration and gravity of the violation;
TRU's follow-up written report attributed the discharge of partially treated wastewater to the maintenance
activities being performed on the reuse water distribution system. No disinfection was provided to the wastewater
during these maintenance activities for approximately two hours and fifteen minutes during which approximately
275,000 gallons of partially treated wastewater (no disinfection) was discharged.
3) The effect on ground or surface water quantity or quality or on air quality;
None documented; however, the discharge of wastewater without proper disinfection has the potential to
adversely impact surface water quality.
4) The cost of rectifying the damage;
No damage was documented.
5) The amount of money saved by noncompliance;
None documented.
6) Whether the violation was committed willfully or intentionally;
There is no evidence to suggest that the violation was willful or intentional.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; past 12 month compliance history:
Sample Location: Outfall 001 - Effluent
Violation Report Violation
Date Period Parameter Type NOD NOV
7/9/2022 7-2022 BOD, 5-Day (20 Deg. C) - Weekly Average NOV-2022-LV-0605
Concentration Exceeded
4/9/2022 4-2022 BOD, 5-Day (20 Deg. C) - Weekly Average NOV-2022-LV-0371
Concentration Exceeded
4/23/2022 4-2022 BOD, 5-Day (20 Deg. C) - Weekly Average NOV-2022-LV-0371
Concentration Exceeded
4/30/2022 4-2022 BOD, 5-Day (20 Deg. C) - Monthly Average NOV-2022-LV-0371
Concentration Exceeded
CPA

8) The cost to the State of the enforcement procedures.
$ 160.45
1/6/2023
CA
DocuSigned by:
44" H P44-
F161 FB69A2D84A3...
Date Andrew H. Pitner, PG, Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ