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HomeMy WebLinkAboutWQCS00054_NOI NOV-2020-DV-0258_20200521ROY COOPER covernof MICHAEL 5. REGAN Secr&ary S. DANIEL SMITH Director NORTH CAROLINA En vrraninen tar Quality CERTIFIED MAIL: 7016 1370 0000 2592 0614 RETURN RECEIPT REQUESTED May 21, 2020 Mark Watson, County Manager Union County 500 N Main St Ste 918 Monroe, NC 28112 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0258 Sanitary Sewer Overflows - April 2020 Collection System Permit No. WQCS00054 Union County Collection System Union County Dear Mr. Watson: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Union County. The Division's Mooresville Regional Office concludes that the Union County violated Permit Condition I (2) of Permit No. WQCS00054 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 Union County an opportunity to provide evidence and justification as to why the Union County 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 (Minn) Location Cause (Gals) (Gals) DWR Action 202001183 4/13/2020 240 4015 Sardis Church Inflow and Infiltration 7,200 7,000 Notice of Violation Road Intent to Enforce 202001275 4/29/2020 162 3020 Arsdale Rd. Debris in line 810 810 Notice of Violation 202001288 4/30/2020 228 4004 Sardis Church Rd Inflow and Infiltration 9,120 9,120 Notice of Violation Intent to Enforce NortY Cara- na Departmer.tof Erv:rorrr.erts'Qua: ly I Mrsoftof Water Fesaurces Mooresv eF fl•:lra Off De 151ff Ea2l,enterAve nae,Suae301I Mcoresv e,North Dsra-:na28115 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 60 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.meilincier@ncdenr.gov or corey.basinger@ncdenr.gov. Sincerely, EA DocuSigned by: 4'*4" " P4**" for F161FB69A2D84A3... 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- Ba Departirentof Erv:ror.irerts'Qua: ly I Mrsoftof Water Resourozs Mooresv eF fl•:lra Off Del 510 Ea2l DeDler Avenue, Suae 3011 Mooresv e,North 0sro-:rFa28115