WQCS00327_NOV-2020-DV-0324 NOI_20200716

ROY COOPER
Covem o
MICHAEL 5. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
En vironmental Quality
CERTIFIED MAIL: 7018 0360 0002 2099 1048
RETURN RECEIPT REQUESTED
July 16, 2020
Wilmer Melton, III, DIR PUBLIC WORKS
City of Kannapolis
PO Box 1199
Kannapolis, NC 28081-1199
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0324
Sanitary Sewer Overflows - June 2020
Collection System Permit No. WQCS00327
Kannapolis Collection System
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Kannapolis. The Division's Mooresville Regional Office concludes that the City of Kannapolis violated Permit
Condition I (2) of Permit No. WQCS00327 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 Kannapolis an opportunity to provide evidence and
justification as to why the City of Kannapolis 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
202001801 6/4/2020 705 1416 Branch Ave Other, Pipe Failure 24,675 24,675 Notice of Violation
(Break) Intent to Enforce
202001837 6/11/2020 15 112 Elwood Street Debris in line, Grease 375 375 Notice of Violation
No rth Caroiina Depart meat of E nvuon menta Quaiity I Dims*i) of Water Resou roes
ME Mooresville Regbfm! Office 1 610 Es3 Center Avenue, Suite 3011 Mooresvlie, North Carolina 25115
�L f •'— 7fA-6 3-168la

Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
202001926 6/17/2020 735 1006 Michigan Street Grease
150 150 Deficiency, No Further
Action
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 [e-mail] or
[e-mail].
Sincerely,
DocuSSiignne/d by:
A14CC681 AF27425...
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 510 Ea2l,enterAvenue, Su;te3011 Mooresv e,North 0sro-:na28115