NC0024937_Remission (Decision)_20231115

DIVISION OF WATER RESOURCES
CIVIL PENALTY REMISSION FACTORS and DECISIONS

Case Number: LV-2023-0125 Region: Mooresville County: Mecklenburg
Assessed Entity: City of Charlotte Permit: NC0024937
Sugar Creek WWTP

(a) Whether one or more of the civil penalty assessment factors were wrongly applied to
the detriment of the petitioner:
Permittee Asserts: In response to this incident, CLTWater has voluntarily invested significant
resources in attempting to identify the cause(s), but still has been unable to determine the source of
the UV interference. CLTWater has continued to monitor this situation, and as of the date of this
remission request, nearly $3,000 has been spent on investigating this incident and cleaning
components of the treatment plant's UV disinfection system. CLTWater has already paid a high price
for this incident, and the cost of civil penalty is better served if it is available for additional
investigation, analysis, and response to this incident.
DWR Response: The fecal coliform daily maximum limit violation was 135% over the permit limit.
Charlotte Water’s Industrial Pretreatment Program oversees approximately 55 Significant Industrial
Users throughout the Mecklenburg County Region, and the Program has been properly implemented
for many years. Although the cause of the UV interference has not been determined, Charlotte Water
did initiate additional actions to determine the cause of this incident including collection system
inspections, process control sampling, equipment maintenance, etc.

(c) Whether the violation was inadvertent or a result of an accident:
Permittee Asserts: The condition(s) that caused the reduced UV transmittance are still not known
after CLTWater’s investigation. CLTWater believes the UV interference was caused by an
unauthorized discharge into the collection system resulting in a rapid reduction of UV transmittance.
Within 4 hours UV plummeted from greater than 70% to nearly 30% power. The sudden loss of
sufficient UV transmittance could not have been predicted or prevented. This rapid decrease in UV
transmittance occurred even though staff reacted by manually placing the UV system in Maintenance
mode (all lamps switched to 100% power). During the initial phase of the incident, and throughout the
following 24 hours, there was nothing additional CLTWater staff could have done to correct the
condition.
DWR Response: Although the cause of the incident was not determined, Charlotte Water staff did
react within 4 hours of this UV interference incident to put the UV system into 100% power. MRO
therefore recommends partial remission.

(d) Whether the violator had been assessed civil penalties for any previous violations:
Permittee [not asserted]:
DWR Response:

(e) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions:
Permittee [not asserted]:
DWR Response:
DocuSign Envelope ID: 24E3E35C-857F-4E8C-9513-308DDC1DB1AC
Case Number: LV-2023-0125

CPA $703.03 [$520.00 civil penalties plus $183.03 Costs]

DECISION (Check One)
Request Denied
Full Remission Retain Enforcement Costs? Yes No

Original Penalty (without Enforcement Costs) $520.00
Partial Remission (50% or) $260.00
Subtotal $260.00
_________________
Retaining Enforcement Costs $183.03
________________________________
Total Revised Assessment $443.03

for Richard E. Rogers, Jr. Date

Based upon the findings of fact and conclusions of law, Mooresville Regional Office (MRO) makes
the following civil penalty assessment against the City of Charlotte for the month of January 2023:

$520.00 1 of 1 violations of G. S. 143- 215. 1(a)(6) and Permit No. NC0024937, by discharging
wastewater into the waters of the State in violation of the Permit Daily Maximum
Geometric Mean for Coliform, Fecal MF, MFC Broth, 44. 5 C

$520.00 TOTAL CIVIL PENALTY
$183. 03 Enforcement Costs
$703.03 TOTAL AMOUNT DUE

DocuSign Envelope ID: 24E3E35C-857F-4E8C-9513-308DDC1DB1AC
11/9/2023