WQCSD0529_NOI NOV-2020-DV-0178_20200420

DocuSign Envelope ID: D6A031AE-7DBC-4D18-8BDF-CCA81FCE3BA6
ROY COOPER
Govemor
MICHAEL S. REGAN
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S. DANIEL SMITH
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NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 0190 0000 9534 3878
RETURN RECEIPT REQUESTED
April 20, 2020
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Ste 108
Raleigh, NC 27609
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0178
Sanitary Sewer Overflows - March 2020
Collection System Permit No. WQCSD0529
Majestic Oaks Deemed Collection System
Pender County
Dear Permittee:
A self -reported Sanitary Sewer Overflow (SSO) was reported to our office on the morning of March 2, 2020 at the
location indicated below. To date, no 5-Day SSO Report has been submitted to our office as required within 5
business days after several inquiries with the reporting operator. Consequently, Old North State Water Company
LLC is in violation of the reporting requirements in addition to the spill itself 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 Old North State Water Company LLC an opportunity to provide
evidence and justification as to why the Old North State Water Company LLC should not be assessed a civil
penalty for the violation(s) associated with the incident below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202000837 3/1/2020 Manhole near 107 weir Pump station Notice of Violation
Drive (Mae Dr PS down) equipment failure
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.
North Car ,ms Department of Environmental Qualrtv 6!vsvn of Water Resources
lVf ) Wdrn:ngweg+�neiaff;ce 1127 CaNimlDnve Eztensa n Ni4r'wr [ ,North :ara"ra 254DE
910-796-7215

DocuSign Envelope ID: D6A031AE-7DBC-4D18-8BDF-CCA81FCE3BA6
This office requests that you respond to this Notice, in writing, within 60 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,
DocuSigned by:
l ONE l Y�a.R'fl OA,
7F141E73B6F3456...
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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North Caro G ma Department of Environmental Quality I Dioision of Water Resources
W lmingon Regional Office 1127 Cardinal Dive Exteason I Wilmington, North Carof ma 23405
91D-796-7215