WQCS00009_Regional Office Historical File Pre 2018

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
April 17, 2009
Mr. Coleman Keeter, Executive Director
WSA of Cabarrus County
P.O. Box 428
Concord, NC 28026
Subject: Notice of Violation
Tracking No. NOV-2009-DV-0112
Collection System Permit
Number WQCS00009
WSA of Cabarrus County
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the WSA of Cabarrus's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for March 2009. This review has shown WSA of Cabarrus to
be in violation of the requirements found in Collection System Permit WQCS00009 and/or G.S.
143-215.1(a)(1). The violations that occurred during March 2009 are summarized in Attachment
A.
Remedial and corrective actions, if not already implemented, should be taken to prevent
further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation
(NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based
on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish
kills, and recreational area closures. Other factors considered in determining the amount of the
civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the
spill was intentional, and whether money was saved by non-compliance.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 One
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748 NorthCarolina
Internet: vvww.ncwaterquality.org ��/��, ,
An Equal Opportunity \ Affirm�te�a`
Affirmative Action Employer — 50% Recycled/1 Post Consumer paper S iI/�

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Mr. Colman Keeter
NOV-2009-DV-0112
Page 2
The SSOs noted in Attachment A under violation action as "Proceed to NOV " are overflows that
the regional office has determined, after review of the CS-SSO 5-day report, that may result in a
civil penalty assessment. You may provide any additional information for the justification
of these SSOs as to why these spills do not meet the criteria listed in this letter for civil
penalty assessment.
If you have any questions regarding this policy please do not hesitate to contact Mr. Lon
Snider or myself at 704-663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Attachments
Cc: ORC System — Wayne Lyles
PERCS Files

I
S
Attachment A
WSA of Cabarrus County Collection System
March 2009
Permit # Location Incident # Start Date 5 Day Gallons Enforcement Number
WQCS00009 2001 Mt Pleasant Rd 200900921 03/29/09 .40000 NOV-2009-DV-0112
Violation Action Causes
Proceed to NOV Pump Station
Equipment Failure,