WQCS00016_NOV-2020-DV-0065_20200212

ROY COOPER
Covem o
MICHAEL 5. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
En vironmental Quality
CERTIFIED MAIL: 7016 1370 0000 2592 0454
RETURN RECEIPT REQUESTED
February 12, 2020
Michael J Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0065
Sanitary Sewer Overflows - January 2020
Collection System Permit No. WQCS00016
Albemarle Collection System
Stanly County
Dear Mr. Ferris:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Albemarle. The Division's Mooresville Regional Office concludes that the City of Albemarle violated Permit
Condition I (2) of Permit No. WQCS00016 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 Albemarle an opportunity to provide evidence and
justification as to why the City of Albemarle 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
202000074 1/13/2020 150 1313 N 6th Street Inflow and Infiltration 1,600 1,600 Notice of Violation
202000080 1/14/2020 360 1313 N 6th Street Inflow and Infiltration 3,600 3,600 Notice of Violation
Intent to Enforce
202000096 1/14/2020 150 1313 N 6th St. Inflow and Infiltration 1,150 1,150 Notice of Violation
NorthCaroiinaDepartrnentofEnv:ranrnenta:Quaiity I Dims* i)ofWater Resources
ME Mooresville Regbfm! Office 1 610 Ea3 Center Avenue, Suite 3011 Mooresvlie, North Carolina 28115
�L f •'— 7fA-6 3-168la

Incident Start
Number Date
Duration
(Minn) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals)
DWR Action
202000147 1/24/2020 750 1313 N. 6th Street Inflow and 18,750 18,750 Notice of Violation
Infiltration, Severe Intent to Enforce
Natural Condition
202000148 1/24/2020 120 1436 US 52 N Inflow and 900 900 Notice of Violation
Infiltration, Severe
Natural Condition
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 [e-mail] or
[e-mail].
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
NortY Cara- na Departmentof Erv:ror.merts'Qua: ;tw I Mrsoftof Water Resourozs
Mooresv eF fl•:lra Off Del 51ff Ea2l,enterAvenue, 5e;te3011 Mooresv e,North 0sro-:na28115