NC0022934_Enforcement (Letter)_20181218

dam,STATE q.
ROY COOPER
Governor
MICHAEL S.REGAN � o
Secretary ' Z
LINDA CULPEPPER *•��,;;,,�•
Director
NORTH CAROLINA
Environmental Quality
Certified Mail# 70161370 0000 2591 1360
Return Receipt Requested
December 19, 2018
Mr. Lawrence Schwartz
UCS, Inc.
P.O. Box 657
Lincolnton,NC 28092
Subject: Notice of Continuing Violation and Recommendation for Enforcement
NOV-2018-PC-0480
UCS Main Plant
NPDES Permit No. NCO022934
Gaston County
Dear Mr. Schwartz:
Pursuant to a meeting conducted on November 13, 2018, attended by Jason Schwartz, Robert
Griffin, Edward Watson and Ori Tuvia, and in a follow up email on the next day, a timeline was
agreed upon to address the noncompliance issues stated in the Notice of Violation (NOV-2018-
PC-0184) dated May 25, 2018. The timeline indicated that by December 1, 2018, the facility was
to complete the following:
1. Pump the water from, and investigate the chamber, located behind the old gas chlorine
building.
2. If the effluent pipe is accessible, an evaluation was to be conducted of the now passing
through the effluent pipe as well as the potential to chlorinate the effluent and for
sampling purposes.
3. Attempt to locate the discharge point of the effluent pipe at the receiving stream.
Also pursuant to the November 13, 2018, meeting and in the follow up email, the timeline
indicated that by January 10, 2019, the facility was to complete the following:

1. Submit a timeline to the Mooresville Regional Office outlining the chosen path forward
for the facility to reach full compliance with wastewater treatment processes. This
timeline was to indicate if the facility intends to reach compliance by abandoning the
pond and installing septic with drain fields (approved by Gaston County Environmental
Health)which will allow NPDES Permit NC0022934 to be rescinded, or a timeline to
address the concerns listed in NOV-2018-PC-0184 regarding the condition of the pond
and the chlorine structure.
2. Submit a plan describing the proposed installation of three shallow/water table
monitoring wells for the purpose of assessing groundwater quality as related to operation
of the wastewater system.
A reminder email was sent on December 5, 2018, regarding the progress on the above mentioned
items as well as phone call on December 12, 2018, and lastly an email dated December 13, 2018,
all without response.
At this time, the facility is continuously and knowingly discharging untreated wastewater into the
South Fork of the Catawba River. In accordance with Part II, Section C.2 of the subject permit,
proper Operation and Maintenance (O&M) of the WWTP is required. As noted at NOV-2018-
PC-0184, the following areas of concern should be addressed:
1 Lagoon Maintenance - There is woody vegetation, animal burrows, and erosion on
the side slopes/dikes.
2 Groundwater Quality—Due to the overall condition of the lagoon the groundwater is
a concern. Please submit a plan describing the proposed installation of three
shallow/water table monitoring wells for the purpose of assessing groundwater
quality as related to operation of the wastewater system
3 Outfall structure - deteriorating and needs maintenance; the access to the outfall
structure appears unstable. Piping of the wastewater is leaking causing bypass to the
chlorine box which is part of permitted wastewater system. The Chlorine box must be
part of the treatment process and properly and must be properly maintained.
4 Effluent pipe and sampling- facility staff must locate the effluent pipe location. If the
pipe is located above the river the effluent pipe discharge could be used for sampling.
If the effluent pipe is under the river level alternative sampling location must be
evaluated. Either way the facility must conduct regular sampling in accordance with
Part I, Section A.1 of the subject permit
A Notice of Violation and Notice of Recommendation for Enforcement, pursuant to G.S. 143-
215.6A, may result in a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
per day, per violation and 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.

This office requires that these violations be abated immediately. Please note that these
violations and any future violations are subject to civil penalty assessments of up to
$25,000.00 per day, per violation. Your response to this correspondence will be considered
in this process.
Should you have any questions regarding this matter,please contact Ori Tuvia or me at(704) 663-
1699.
Sincerely,
DocuSSiignnJeed by:
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W. Corey Basinger
Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources
CC: NPDES Unit, MRO Files (Laserfiche)