WQCS00012_NOI NOV-2020-DV-0081_20200305

DocuSign Envelope ID: 4DCF801C-25FB-4097-90D3-A4A2E964600B
ROY COOPER
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MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 0190 0000 9534 3854
RETURN RECEIPT REQUESTED
March 05, 2020
James R Flechtner, PE
Cape Fear Public Utility Authority
235 Government Center Dr
Wilmington, NC 28403
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0081
Sanitary Sewer Overflows - December 2019
Collection System Permit No. WQCS00012
CFPUA Collection System
New Hanover County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Cape Fear Public Utility Authority. The Division's Wilmington Regional Office concludes that the Cape Fear Public
Utility Authority violated Permit Condition I (2) of Permit No. WQCS00012 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 Wilmington Regional Office is providing the Cape Fear Public Utility Authority an opportunity to provide
evidence and justification as to why the Cape Fear Public Utility Authority should not be assessed a civil penalty for
the violation summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
201901873 12/9/2019 50 4" force main near 1422 Other 900 500 No Action
Halcyon Lane (PS 137)
Total Vol
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DocuSign Envelope ID: 4DCF801C-25FB-4097-9OD3-A4A2E964600B
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
201901918 12/17/2019 2,425 Pump Station #10 on Pipe Failure (Break) 2,440,000 2,440,000 Notice of Violation
One Tree Hill Way,
Wilmington
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 Dean Hunkele with the Water Quality Section in the
Wilmington Regional Office at 910-796-7215 or via email at [e-mail].
Sincerely,
DocuSigTned by:
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Tom Tharrington, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office - WQS File
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