HomeMy WebLinkAboutWQCS00036_NOV-2020-DV-0004_20200108ROY COOPER
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K41 HAEL S. RECAN
Secretary
LINDA CULPEPPER
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NORTH CAROUNA
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CERTIFIED MAIL: 7016 1370 0000 2592 0287
RETURN RECEIPT REQUESTED
January 08, 2020
Ricky C Duncan
City of Kings Mountain
PO Box 429
Kings Mtn, NC 28086
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0004
Sanitary Sewer Overflows - December 2019
Collection System Permit No. WQCS00036
Kings Mountain Collection System
Cleveland County
Dear Mr. Duncan:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Kings Mountain. The Division's Mooresville Regional Office concludes that the City of Kings Mountain
violated Permit Condition I (2) of Permit No. WQCS00036 by failing to effectively manage, maintain, and operate
their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the
SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit
is required by G.S. 143-215.1.
The Mooresville Regional Office is providing the City of Kings Mountain an opportunity to provide evidence and
justification as to why the City of Kings Mountain should not be assessed a civil penalty for the violation(s) that
are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
201901888 12/13/2019 693 Crocker Rd Severe Natural 9,200 9,200 Notice of Violation
Condition Intent to Enforce
NortNCaro I,naDepartmer.tofErv:rar.irerta Quairty I DimsianofWater Resources
Woo reav:15ERegom:Off.-oe 1 610 East Denier Avenue, Suite3011 Mooresv �e,North 03roiina2S115
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) 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 requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at michael.meilinger@ncdenr.gov or
corey.basinger@ncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
No rth Carolina department of E nvuon menu! Quairty I Dimsian of Water Resources
ME Mooresville Regbfm! Office 1 610 Es3 Center Avenue, Suite 301 I Mooresvit, North Carolina 2S115
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