NC0062278_NOV2018SS0001_MEMO_20180404

C1.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
Water Quality Regional Operations Section
Mooresville Regional Office
Memorandum:
TO: Karen Higgins — 401 & Buffer Permitting Branch Supervisor
FROM: W. Corey Basinger, Regional Supervisor �s
Mooresville Regional Office
DATE: 4 April 2018
PREPARED BY: Ori Tuvia, Environmental Engineer
Mooresville Regional Office
SUBJECT: Enforcement Recommendation
Berkley Oaks LLC
Berkley Oaks WWTP NCO062278
NOV-2018-SS-0001
Gaston County, NC
Enclosed is an enforcement recommendation package against Berkley Oaks LLC
(Permittee/Owner) of Berkley Oaks WWTP, Gastonia, NC in Gaston County.
• The violations include:
Sewage sludge (settleable solids) was observed in the unnamed tributary to McGill Branch
(Class C waters in the Catawba River Basin). This constitutes a settleable solids violation.
The deposition of sewage sludge (settleable solids) observed in the stream is a violation
of 15A NCAC 2B .0211 (8) which states "...floating solids; settleable solids; sludge
deposits: only in such amounts attributable to sewage, industrial wastes or other wastes
as will not make the water unsafe or unsuitable for aquatic life and wildlife or impair
the waters for any designated uses."
2. The sewage sludge (settleable solids) accumulated in the unnamed tributary to McGill
Branch (Class C waters in the Catawba River Basin) is also a violation of best usage. Any
accumulation of sewage sludge (settleable solids) and/or associated materials in the
stream represents a violation of best usage. Specifically, you are in violation of 15A
NCAC 2B .0211 (2) which states the following: "waters shall be suitable for aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agriculture; sources of water pollution which preclude any of these uses on either a

Enforcement Recommendation Memo
Case No. SS -2018-0001
short-term or long-term basis shall be considered to be violating a water quality
standard. "
• DWR-MRO staff conducted sites visits/investigations and observed the following:
1. On January 4, 2018, a complaint was reported to this Office that an unnamed tributary
to McGill Branch was impacted due to sewage sludge from the Berkley Oaks
wastewater treatment facility.
2. Mooresville Regional Office (MRO) staff conducted an initial investigation at the
subject site on January 5, 2018 and confirmed that approximately 200 linear feet of the
unnamed tributary to McGill Branch (Class C waters in the Catawba River Basin) had
been impacted by sewage sludge from the Berkley Oaks wastewater treatment facility.
MRO staff immediately contacted the Operator in Responsible Charge (ORC), Mr.
Dusty Metreyeon and the contract operations firm Kace Environmental. MRO staff
instructed Mr. Metreyeon and Kace Environmental staff to make the necessary
arrangements to immediately begin efforts to remove the sewage sludge from the
unnamed tributary to McGill Branch
3. On January 10, 2018, MRO staff were requested to visit the site by cleanup contractor
Stanley Environmental to provide guidance and direction for the removal efforts. Upon
arrival on site, MRO staff inspected the stream with the Stanley Environmental staff
and determined that due to the delay in commencing the removal efforts, the affected
area had increased to a total of nearly 3500 linear feet of stream.
4. A final follow-up inspection was conducted on January 29, 2018 by MRO staff to verify
that the sewage sludge removal had been completed and removed from the unnamed
tributary to McGill Branch.
• On February 2, 2018, DWR issued a Notice of Violation and Recommendation for
Enforcement NOV-2018-PC-0001. This Notice was received on February 15, 2018.
• DWR has the following past violations for ASSESSED ENTITY.
Enforcements: LV -2015-0219 sent on September 22, 2015
NOV's: NOV-2015-LV-0471 sent on July 22, 2015,
NOV-2015-LV-0490 sent on August 5, 2015,
NOV-2017-PC-0724 sent on December 20, 2017
NOV-2018-PC-0075 sent on March 6, 2018
• DWR MRO staff do not suspect that the violations were committed willfully or intentionally.
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Enforcement Recommendation Memo
Case No. SS -2018-0001
• DWR Enforcement Costs:
MRO STAFF INSPECTOR 1
15 hours @ $36.48
$547.20
MRO STAFF INSPECTOR 2
3.5 hours @ $34.51
$120.78
MRO SUPERVISOR
1 hours @ $53.78
$53.78
Mileage car 1
406 miles @ $0.30/mile
$121.80
Mileage car 2
101 miles @ $0.39/mile
$39.39
Central Office Review and
Processing
$100.00
Total
$982.85
DWR Timeline of Events
Date
Description
January 4, 2018
Complaint was reported to this Office
January 5, 2018
MRO staff conducted an initial investigation at the subject site
January 10,2018
MRO staff inspected the stream with Stanley Environmental cleanup staff
and determined that due to the delay in commencing the removal efforts,
the affected area had increased to a total of nearly 3500 linear feet of stream.
January 29, 2018
Follow-up inspection confirmed that the sewage solids had been removed
from the unnamed tributary to McGill Branch.
February 2, 2018
A Notice of Violation and Recommendation for Enforcement (hereby
known as NOVRE) was issued.
February 15, 2018
DWR records indicate that the NOVRE was delivered
March 15, 2018
A response to the DWR NOVRE was received in this office. The response
indicated the spill was caused by frozen return pipe
Pictures (Attached separately)
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