WQCS00327_Regional Office Historical File Pre 2018 (4)

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FILE
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 2620 0000 6788 4972
RETURN RECEIPT REQUESTED
April 11, 2019
Wilmer Melton, III, Director of Public Works
City of Kannapolis
PO Box 1199
Ka rmapo is; NC-2808�t199- -- -- - -
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: - NOV-2019-DV-0193
Sanitary Sewer Overflows - March 2019
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:
Incident Start Duration
Number Date (Mins) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
201900562 3/8/2019 30 555 East 18tii Street Debris in line 90 90 No Further Action
201900563 3/8/2019
120 412 East 22nd Street Pipe Failure (Break) 2,400 2,400 Notice of Violation
w/ Intent to Enforce
No ch Caro na D_partrn-nt •of DnAs4n of,Water R sburce>
sDE I � htcor_sv e R—g nazoffo-'I610 _as Center Av=.nu Suae 301 1 e. North taroslna 28115

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 Lon Snider with the Water Quality Section in the
Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
-----
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r-a CITY OF KANNAPOLIS
Ln & 401 LAUREATE WAY
o si. KANNAPOLIS NC 28081
ATTN: MR WILMER MELTON, III
Environmental Quality I Water Resources
ue, Suite 301, Mooresville, NC'28115
.. 1704-663-1699

Water Resources
ENVIRONMENTAL QUALITY
June 3, 2016
Mr. Wilmer Melton, III
Director of Public Works
City of Kannapolis
401 Laureate Way
Kannapolis, NC 28081
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Kannapolis Collection System
Cabarrus County
Permit No. WQCS00327
DV-2015-0047
Dear Mr. Melton,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelaq
S. JAY ZIMMERMAN
Director
RECEIVED/NCDENR/bWR
U J 10 2016
MOOR ES'✓lLL.L wcOIONIAL OFFICE
This letter is to acknowledge receipt of check No. 00138650 in the amount of $298.98 received
from you dated 5/27/2016. This payment satisfies in full the civil assessment levied against the
subject facility and this case has been closed. Payment of this penalty in no way precludes future
action by this Division for additional violations of the applicable statutes, regulations, or permits.
If you have any questions, please call Steve Lewis at 919-807-6308.
Sincerely,
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: Enforcement File # DV-2015-0047
ao eywssr goer Mooresville Regional Office Supervisor
Barry Love, MRO
Central Files
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 707 9000

Water Resources
ENVIRONMENTAL QUALITY
Mr.Wilmer Melton, III
Director of Public Works
City of Kannapolis
401 Laureate Way
Kannapolis, NC 28081
RECEIVED/NCDENR1C)5"1H
MAY - 6
WQROS
MOORESVILLE REGIONAL OFFICE
May 3, 2016
RE: Request for Remission of Civil Penalty
File No. DV-2015-0047
Cabarrus County
Permit # WQCS00327
Dear Mr. Melton,
PAT MCCRORY
Gol-0770T
DONALD R. VAN DER VAART
Se creamy
S. JAY ZIMMERMAN
Director
CERTIFIED MAIL 7009 2250 0000 8087 0309
RETURN RECEIPT REQUESTED
In accordance with G.S. 143-215.6A(f) and my delegation by the Secretary of the Department of
Environmental Quality and the - Director of the Division of Water Resources, I considered the
information submitted in support of your request for remission and hereby remit $100.00 of the
civil penalty assessment. The revised civil penalty is therefore $298.98. ($150.00 civil penalty plus
$148.98 investigative costs). A copy of the Director's decision is attached.
There are two options available to you
1) You may pay the reduced penalty.
If you decide to pay the reduced penalty please make your check payable to the Department of
Environmental Quality (DEQ). Reference the case number on the check. Send the payment within
thirty (30) calendar days of your receipt of this letter to the attention of:
Mr. Steve Lewis
DWR PERCS
1617 Mail Service Center
Raleigh, NC 27699-1617
1�
k
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6300 1 www.waterquality.org

2) You may decide to have the Environmental Management Commission's (EMC)
Committee on Civil Penalty Remissions make the final decision on your remission
request.
If payment is not received within 30 calendar days from your receipt of this letter, your request
for remission with supporting documents and the recommendation of the Director of the North
Carolina Division of Water Resources will be delivered to the Committee on Civil Penalty
Remissions for final agency decision.
If you or your representative would like to speak before the Committee, you must complete
and return the attached Request for Oral Presentation form within thirty (30) calendar days of
receipt of this letter.
Send the completed Request for Oral Presentation form to:
Mr. Steve Lewis
DWR PERCS
1617 Mail Service Center
Raleigh, NC 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral
presentation (if you make the request). If the Chairman determines that there is a compelling
reason to require a presentation, you will be notified of when and where you should appear. If
a presentation is not required, the final decision will be based upon the written record. A
representative from the Division of Water Resources will present the case for the full amount
of the original penalty.
The Committee on Civil Penalty Remissions will then render a final and binding decision in
accordance with NCGS 14313-282.1(c).
Thank you for your attention to this matter. If you would like a receipt that your check or
request for remission was received, please send it via certified mail. Please feel free to contact
Steve Lewis at [phone] or [e-mail] if you have any questions.
Sincerely,
Steve Lewis
Pretreatment, Emergency Response and
Collection Systems Unit
Division of Water Resources
cc: File # DV-2015-0047
rCoreBasm° Mooresville Regional Office Supervisor
Barry Love, MRO
Central Files

DIVISION OF WATER RESOURCES
CIVIL, PENALTY REMISSION FACTORS
Case Number:_ DV-2015-0047 Region: MRO County: Cabarrus
Assessed Entity: City of Kannapolis Permit: WQCS00327
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner-
® (b) Whether the violator promptly abated continuing environmental damage resulting from
the violation:
• The City states that they were notified of the SSO at 8:15 AM on 10/2/15. The first responder
was on -scene at 8:35 AM. The %Z" jetter truck was immediately dispatched. A hole was knocked
in the obstruction. They then built an access road through the muddy outfall to bring their larger
Jet -Vac in. The SSO stopped at 11:40 AM.
The Division agrees that the City promptly abated the SSO.
❑ (c) Whether.the violation was inadvertent or a result of an accident:
❑ (d) Whether the violator had been assessed civil penalties for any previous violations:
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions:
DECISION (Check One)
Request Denied ❑
Full Remission ❑ Retain Enforcement Costs? Yes ❑ No ❑
Partial Remission® $100.00 (Enter Amount)
Deborah Gore May 3, 2016
rev l _0 — R_ 11 09

1
STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMMISSION
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST:
THE CITY OF KANNAPOLIS
DWR Case Number DV-2015-0047
REQUEST FOR ORAL PRESENTATION
I hereby request to make an oral presentation before the Environmental Management Commission's Committee On Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following statements:
• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or
denied.
• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Raleigh,
North Carolina.
0 My presentation will be limited to discussion of issues and information submitted in my original remission request, and because
no factual issues are in dispute, my presentation will be limited to five (5) minutes in length.
The North Carolina State Bar's Authorized Practice of Law Committee has ruled that the appearance in a representative capacity at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar's
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of receipt of
this letter.
Depending on your status as an individual, corporation, partnership or municipality, the State Bar's Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.
• If you are an individual or business owner and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on your behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar's Opinion on the unauthorized practice of law.
• If you are a corporation partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar's Opinion and could be considered practicing law
without a license if he or she is not a licensed attorney. Presentation of facts by non -lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar's Opinion on the unauthorized practice of
law.
Also, be advised that the Committee on Civil Penalty Remissions may choose not to proceed with hearing your case if the Committee
is informed that a violation of the State Bar occurs.
This the
day of
20
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

KAN
Public Wo,
January 4, 2016
Mr. W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources
610 E. Center Avenue, Suite 301
It400resviiie, North Carolina 28115
Subject: Notice of Violation and Assessment of Civil Penalty
Case No. DV-2015-DV-0047
Dear Mr. Basinger,
-
DECEIVED/NCDENR/DWG
JAN 1 2016
QROS
MOORESVILLE
REGIONAL OFFICE
The City of Kannapolis respectfully" requests a remission of the assessed penalty for the
following reasons:
(b) "The violator promptly abated continuing environmental damage resulting from the violation."
The City of Kannapolis takes all Sanitary Sewer Overflows seriously and it is our goal to
respond and knock down any overflow or backup within an hour of notification. We have an On -
Call system with personnel available 24-hours per day and 7-days a week for emergency issues
such as a Sanitary Sewer Overflow.
Layla Avenue Outfall, DWQ Incident No. 201501228
• Incident occurred on 10-2-15.
• Received notification from a resident on 10-2-15 at 8:15 a.m.
• First responder arrived on 10-2-15 at 8:35 a.m.
• We immediately dispatched our Sewer Response truck with a 1/2" jetter out to
the location:
• We hydraulically knocked a hole in the obstruction.
• We then built an access road through the muddy outfall to bring our larger Jet -
Vac out.
• The SSO stopped on 10-2-15 at 11:40 a.m.
• Creek flushing operation was started.
• Manholes up stream of the SSO were checked for any inflow issues.
PUBLIC WORKS 401 LAUREATE WAY / KANNAPOLIS, N.C. 28081
704-920-4200 / WWWKANNAPOLISNC.GOV

4W
• Pursuant to NC G.S. 143-215.1 C, the City of Kannapolis gave notice of an
untreated wastewater spill to surface waters on 10-2-15 at 2:00 p.m.
• The affected sewer lines were then cleaned.
• Water samples taken from the creek.
• Raked up debris, cleaned around the manhole and spread lime.
• Public Notification of the spill was given on 10-2-15.
• Water sample analysis completed on 10-04-15.
• Creek flushing operation completed on 10-4-15.
• Sewer lines videoed on 10-5-15.
• This outfall line was last cleaned and inspected in October 2011.
The City of Kannapolis is committed to cleaning maintenance of its sewer lines. Our goal is to
clean 15% of our system annually while the State mandates only 10%. We also make a point of
cleaning identified "High Grease Build-up" lines more frequently. Both of the incident locations
are in a residential area in which we would not likely suspect additional cleaning would be
needed.
We are also committed to inform the public on what they can do to help prevent sewer problems
and feel we do an excellent job in trying to reach the community and educate them. We post
our Annual Wastewater Report that contains information on how to properly dispose of grease
on the City's website, which is updated every year. We have talks at Civic Group Lectures
about ways to reduce grease and other materials from entering the sewer system. We have
held Environmental Education Classes; have a Citizens In Action Group as well as a Team
Kannapolis program which educates not only the community, but also City Employees.
Sincerely,
; Ll��.27
Wilmer Melton III
Director of Public Works

l Ia
Water Resources
ENVIRONMENTAL QUALITY
December 17, 2015
CERTIFIED MAIL# 7015 1520 0002 83761916
RETURN RECEIPT REQUESTED
Mr. Wilmer Melton, III, Director of Public Works
City of Kannapolis
401 Laureate Way
Kannapolis, NC 28081
"I
MCCRORY
L
EAT
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
SUBJECT: Notice of Violation and Assessment of Civil Penalty for
Violations of N.C. General Statute (G.S.) 143-215.1(a)(1) and
Collection System Permit No. WQCS00327
City of Kannapolis Collection System
Cabarrus County
Case No. DV-2015-0047
Dear Mr. Melton:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of
$398.98($250.00 civil penalty + $148.98 enforcement costs) against the City of Kannapolis.
This assessment is based upon the following facts: A review has been conducted of the
Collection System Sanitary Sewer Overflow Report(s) (CS-SSO) for October 2015. This review
has shown the'subject collection system to be in violation of the requirements found in
Collection System Permit No. WQCS00327. The violation(s) that occurred are summarized in
Attachment A `to this letter.
Based upon the above facts, I conclude as a matter of law that the City of Kannapolis violated
the terms, conditions, or requirements of Collection System Permit No. WQCS00327 and North
Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and extent shown in Attachment
A: A civil penalty may be assessed against any person who violates the terms, conditions, or
requirements of a permit in accordance with the maximums established by G.S. 143-215.6 A
(a)(2)•
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environmental Quality and the Director of the
Division of Water Resources, I, W. Corey Basinger, Division of Water Resources Regional
Supervisor for the Mooresville Region, hereby make the following civil penalty assessment
against the City of Kannapolis:
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office) 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

$ 250.00 For 1 of the one (1) violations of G.S. 143-215.1
and 15A NCAC 2T .0403, by discharging waste into the
waters of the State without a permit for DWR Incident
Nos.201501228.
$ 250.00
$ 148.98
$ 398.98
TOTAL CIVIL PENALTY
Enforcement costs
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into
account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
2 82. 1 (b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations. were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to, the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental
Quality (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.

Steve Lewis, PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
I'
2. Submit a written request for remission including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the penalty .
assessed. Requesting remission is not the proper procedure for contesting whether the
violation(s) occurred or the accuracy of any of the factual statements contained in the
civil penalty assessment document. Because a remission request forecloses the option of
an administrative hearing, such a request must be accompanied by a waiver of your right
to an administrative hearing and a stipulation that no factual or legal issues are in dispute.
Please prepare a detailed statement that establishes why you believe the civil penalty
should be remitted, and submit it to the Division of Water Resources at the address listed
below. In determining whether a remission request will be approved, the following
factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting
from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations;
or
(5) whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be
submitted in writing. The Director of the Division of Water Resources will review your
evidence and inform you of his decision in the matter of your remission request. The
response will provide details regarding case status, directions for payment, and provision
for further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions (Committee). Please be advised that the
Committee cannot consider information that was not part of the original remission
request considered by the Director. Therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and
Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division
of Water Resources also requests that you complete and submit the enclosed

e
"Justification for Remission Request." Both forms should be submitted to the following
address:
Steve Lewis, PERCS Unit
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section — Division of Water Resources
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you must file a
petition for an administrative hearing. You may obtain the petition form from the Office
of Administrative Hearings. You must file the petition with the Office of Administrative
Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) -
provided the signed original, one (1) copy and a filing fee (if a filing fee is required by
NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7)
business days following the faxed or electronic transmission. You should contact the
Office of Administrative Hearings with all questions regarding the filing fee and/or the
details of the filing process. The mailing address and telephone and fax numbers for the
Office of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:

Mr. Sam Hayes, General Counsel
DEQ
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice,
as evidenced by an internal date/time received stamp (not a postmark), will result in this
matter being referred to the Attorney General's Office for collection of the penalty through
a civil action.
Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment. If you have any questions, please contact Barry Love
at [phone].
/F
(Date)
ATTACHMENTS
00,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources
cc: Water Quality Regional Operations Supervisor w/ attachments
PERCS Unit Enforcement File w/ attachments
Central Files w/ attachments

W
STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
AND
CITY OF KANNAPOLIS
PERMIT NO. WQCS00327
DEPARTMENT OF
ENVIRONMENTAL QUALITY
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING
STIPULATION OF FACTS
FILE NO. DV-2015-0047
Having been assessed civil penalties totaling $398.98 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated December 17, 2015 the
undersigned, desiring to- seep remission of the civil penalties, does hereby waive the right to
an administrative hearing in the above' stated matter and does stipulate that the facts,are as
alleged in the assessment document. The undersigned further understands that all 'evidence
presented in support of remission of this civil penalty must be submitted to the Director of
the Division of Water Resources within-30 days of receipt of the notice of assessment. No
new evidence in support of a remission request will be allowed after 30 days from the receipt
of the notice of assessment.
This the
day of
���10
TELEPHONE
BY
2015

X
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: DV-2015-0047
Assessed Party: City of Kannapolis
County: Cabarrus
Permit Number: WQCS00327
Amount Assessed: $398.98
Please use this form when requesting remission of this civil penalty. You must also complete
the "Request For Remission Waiver ofght to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. Please be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.10
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from
the violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from
performing the activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

NCDEQ - Division of Water Resources
Surface Water Protection Section
Sanitary Sewer Overflow Penalty Matrix
Violator: n-N 6� � .'Ad l� Assessor:
Case #: Date:
lnj . CatL!� AIGe-
j S "laec 7-of s
SSO Date:
Incident#:
ASSESSMENT FACTORS G.s.143B-282.1(b)
1. Harm:'+
A�
'
2. Duration and Gravity of the Violation
3. Effect on Water Quantity or Quality:
die
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
��-
6. Violation was committed willfully orZ
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
z
Comments: -I(-
P 4

KAN
Public Wo,
December 8, 2015
Mr. Michael Parker, Regional Supervisor
Water Quality Regional Operations
Mooresville Regional Office-NCDENR
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation
Tracking No. NOV-2015-DV-0231
Dear Mr. Parker,
RECEIVEDINCDENRIDWR
S DEC 10 2015
WQROS
MOORESVILLE REGIONAL OFFICE
This letter is a follow up to our five-day SSO report of the above referenced NOV.
Layla Avenue Outfall:
• Incident occurred on 10-2-15.
• Pursuant to NC G.S.143-215.1C, the City of Kannapolis gave notice of an untreated
wastewater spill to surface waters on 10-2-15.
• The SSO was caused by grease and Inflow & Infiltration from recent rains.
• We immediately dispatched our jetter out to the location to hydraulically knock a hole in the
obstruction. We then built and access road through the muddy outfall to bring our jet Vac
out and finish with the more powerful unit.
• The sewer lines leading into and out of the manhole where the SSO took place were
hydraulically cleaned on 10-2-15 and CCTV'd on 10-5-15 for infiltration with no issues
found.
• Manholes up stream of the SSO were checked for any inflow issues.
e This outfall line was last cleaned and inspected in October 2011.
In General:
• The area outside of the line where the SSO took place was cleaned up.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after flushing.
• These lines serve a residential neighborhood.
• Educational material on the effects of fats, oils and grease and debris to our sewer systems
are in our annual report that is distributed to consumers and businesses every year, on our
City website, presented at our Community Outreach meetings and Kannapolis Citizen
Academy.
1401 BETHPAGE ROAD / PO BOX 1199 / KANNAPOLIS, N.C. 28082
704-920-4200 / WWW.KANNAPOLISNC.GOV

KAN
Public Wo,
If there is any more information needed regarding this spill, please contact me.
Thank you very muc,
avi R. Fargo
Water Resources Manager
City of Kannapolis, NC
1401 BETHPAGE ROAD / PO BOX 1199 / KANNAPOLIS, N.C. 28082
704-920-4200 / WWW.KANNAPOLISNC.GOV

a
North Carolina Department of Environmental Quality
Pat McCrory Donald van der Vaart
Governor Secretary
December 01, 2015
CERTIFIED MAIL# 7015 0640 0002 9295 6705
RETURN RECEIPT REQUESTED
Mr. Wilmer Melton, III, Director of Public Works
401 Laureate Way
Kannapolis, NC 28081
Subject: Notice of Violation and Notice of Recommendation for Enforcement
Tracking #: NOV-2015-DV-0231
Collection System Permit Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self -reported sanitary sewer overflows
(SSOs) 5-day reports for the month of October 2015. This review has shown the City of
Kannapolis to be in violation of the requirements found in Collection System Permit WQCS00327
and/or G.S. 143-215.1(a)(1). The violations that occurred during this month 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 the
volume released, the volume reaching surface waters, the duration and gravity, the impacts to public
health, and if they caused a fish kill or recreational area closure. 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 the G.S. 143-215-6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars($25,000.00), or twenty five thousand dollars ($25000.00) 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 result from the unpermitted discharge.
Mooresville Regional Office
610 East CenterAvenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone]/ Fax: [phone]/Customer Service 1-877-623-6748
Internet: www.ncdenr.gov
An Equal Opportunity \Affirmative Action Employer - Made in part by recycled paper

Melton, City of Kannapolis
NOV-2015-DV-0231
December 01, 2015
Page 2
The SSOs noted in Attachment A under violation action as Proceed to NOV/NRE are the overflows
that the regional office has determined after review of the CS-SSO 5-day report that may result in a
civil penalty assessment. ,
If you wish to provide additional information regarding the identified SSOs, as to why these SSOs
do not meet the criteria listed in this letter for civil penalty assessment. Please respond in writing
within 20 days of receipt of this Notice. A review of your response will be considered along with
the information provided on the CS-SSO 5-day report. You will then be notified of any civil
penalties that may be assessed regarding these violations. If no response in received in this Office
within the 20-day period, a civil penalty assessment may be prepared.
Thank you for your continued cooperation with the Division of Water Resources. If you have any
questions concerning this matter, please do not hesitate to contact Ms. Barbara Sifford or myself at
[phone].
Sincerely,
Michael L. Parker
Regional Supervisor
Water Quality Regional Operations
Mooresville Regional Office-NCDENR
Enclosures: Attachment A
Cc: PERCS- Raleigh
MS C- 1 617-Central Files — Raleigh
Kannapolis-ORC-David Fargo

ATTACHMENT A
City of Kannapolis
Collection System Permit WQCS00327
OCTOBER 2015
ncident # Incident Incident Location 5 Day Est Total 5 Day Volume
Start Date Volume Reaching Surface
Water
?01501228 10/2/2015 Layla Avenue 11,100 11,100
Violation Type Violation Action NOV Case Grease Inflow and
Infiltration
Discharge without Proceed to NOV-2015-DV-0231 Yes Yes
valid permit NOV/NRE

Collection System SSO 24-Hour Notification
Collection System: Number and. Name WQCO-# §o3z-7
Incident Number from RIMS 20150 i?-7-8
Incident Reviewed (Date):
Incident Action Taken: BPJ
/VO Lj- P NOV-2015'-DV - OP51
MOO - J3!5> DV-2015-
0 0 M M a M 13 13 0® 13 M 13 El 13 13 a 0 0 M UJI 13 U M n 13 M 0 M M 11 U 0 13 M 0 13 0 13 M M a a a 0 a 0 M a a a a a a
Spill Date (OL-21-701� Time -(SFA/ pm yo
Reported Date I o /i-h-a 1 e Time
Reported Tt:S:W:taff or EM Staff
-----Reported-
V
Address of Spill, "he .4 12-l-) —/9-1
aqG)
County _City k4 ✓,�s�tbbg:
Cause. of Spill
Total Estimated Gallons. i c) c�) Est. Gal to Stream, I/ j tO.O
Stream (V�) Fish Kill: Yes Number Species
4Q-
Non Required Information and other comments relating to SSO incident:
Response time - minutes Zone ;Map Quad
/Y zV 4 / 0 7-7
S(=' I z- o'6
are

Permit #
Owner and Facility Name
WQCS00253 Bradfield Farms Water Company CS
WQCS00196 Carolina Water Service Cabahrus Woods CS
WQCS00233
Carolina Water -Service Hemby Acres CS
WQCS00001
Charlotte -Mecklenburg CS
WQCS00016
City of Albemarle CS
WQCS00046
City of Belmont CS -
WQCS00107
City of Bessemer City CS
WQQS00089
City of Chenyville CS-
WQCS00221
City of Claremont CS .
WQCS00326
City of Concord CS
WOCS00088
City of Conover CS
WQCS00017
City of Gastonia CS
WQCS00020
City of Hickory CS
WQCS00327
City of Kannapolis CS
WQCS00036
'City of Kings Mountain CS
WQCS00040 -
City of Lincolnton CS
WQCSOD164
City of Lowell CS
WQCS00026 '
City of Monroe CS
WQCS00059
City of Mount Holly CS
WQCS00044
City of Newton CS
WQCS00019
City of SalisburyCS
WQCS00037 -
City of Shelby CS
WQCS00030„ -
City of Statesville CS
WQCS00149 East Lincoln CS
Deemed Permitted
Permit #
Owner and Facility Name
WQCSDO130
Brooks Food Group -Brooks Food Group
WQCSDO114
Charlotte Mecklenburg "Schools - Misc Laterals
WQCSDO057
City of High Shoals CS =
WQCSD0117
Duke Energy Marshall Steam Station
WQCSD0257
Fallston -
WQCSD0116
Gopse Creek Utilities Fairfield Plantation WWTP
WQCSD010i
Harborside Dev LLC-Midtown TCS
WQCSDO095
Kennerly Dev. .Group LLC-Boardwalk Villas CS:
WQCSDD098
Kennerly Dev, Group LLC=Kings Point CS
WQCSDO105
Kennerly. Dev. Group LLC-Moon Bay Condos CS
WQCSD0107.
Kennerly Dev. Group LLC-Schooner Bay CS
WQCSDO099
Kennerly Dev. Group LLC-Spinnaker Point CS
WQCSD0258
Kingstown
WQCSDO112
Lake Norman -South Point CS -
WQCSD0104
Lake Norman -Villas S Harbour CS
WQCSDD102
Lake Norman -Vineyard Pt Resort CS
Permit
Owner and Facility Name
-WQCS00171
Greater Badin CS"
WQCS00322
Aqua Country Woods East CS
WQCS00222
Town of Boiling Springs CS"
WQCS00341
Town.of China Grove CS
WQCS00231
Town of Cleveland CS
WQCSDO058
Town of Cramerton CS
WQCS00165
Town of Dallas CS
WQCS00342
Town of E. Spencer CS. .
WOCSO0328
Town of Harrisburg CS
WQCS00343
Town of Landis CS
WQCSD0310
Town of Longview CS
WQCS00120
Town of Maiden CS
WQCS00344
Town of Marshville-CS
WQCS00043
Town of Mooresville CS
WQCS00125
Town of Mt Pleasant CS.
WQCS00153
Town of Norwood CS
WQCS00190
Town of Oakboro CS
WQCSOD325
Town of Stanfield CS
• WQC5b0180
Town of Stanley CS
WQCS00135
Town of Taylorsville CS
WQCS00258
Town of Troutman CS
WQCS00345
Town of Wingate CS
WQCS00054
Union County CS
WQCS00009
WSA Cabarrus Co. CS
Permit#
Owner and Facility Name
WQCSDO064
Lincoln County CS
.WQCSD0097
'Martin Dev Gp-N Point & Portside CS
WQCSD0120
Martin Marietta Mallard Creek
WQCSD0019
Town of Richfield CS
WQCSDO024
Town of Grover CS
WQCSDO038
Town of McAdenville CS
WQCSD0002
Town of Ranlo CS
WQCSDO049
Town of Spencer Mountain CS
WQCSD0252
All spills which do not have a permit
number assigned

Division of Water Resources
PART I:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer
overflow (SSO).
Permit Number: WQCS00327
(WQCS# if active, otherwise use WQCSD#)
Facility: Kannapolis Collection System Incident#: 201501228
Owner: City of Kannapolis
City: Kannapolis County: Cabarrus Region: Mooresville
Source of SSO (check applicable): [1 Sanitary Sewer ❑ Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): Layla Avenue
Manhole #. 1277
Latitude (degrees/minute/second):
Incident Started Dt: 10/02/2015
Time:
kmm-as-yyyy)
Estimated Volume of the SSO: 11,100
Longitude (degrees/minute/second): _
8:35 am Incident End Dt: 10/02/2015
(hh:mm. AM/PM) (mm-dd-yyyy)
gallons Estimated Duration (Round to nearest hour)
Describe how the volume was determined: 185 Min. x 60 GPM = 11,100 Gallons
Weather conditions during the SSO event:
Did SSO reach surface waters? 0 Yes
Surface water name: Irish Buffalo Creek
Time: 11:40 am
(hh:mm AM/PM)
3:5 hours
62* Cloudy
❑ No ❑ Unknown Volume reaching surface waters (gals): 11100
Did the SSO result in a fish kill? ❑ Yes Q No Unknown If Yes, what is the estimated number of fish killed?
SPECIFIC cause(s) of the SSO:
0 Grease 0 Inflow and Infiltration
24 hour verbal notification (name of person contacted ): Edward Watson
0 DWR F1 Emergency Mgmt Date (mm-dd-yyy):
2015/10/02 Time (hh:mm AM/PM): 02:00:00 pm
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director, Division of Water Resources, may take enforcement action for SSOs that are required to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form Page: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Grease
When was the last time this specific line (or wet well) was cleaned?
2009
Do you have an enforceable grease ordinance that requires new or retrofit of grease
traps/interceptors?
Have there been recent inspections and/or enforcement actions taken on nearby
restaurants or other nonresidential grease contributors?
Explain.
This outfall line serves predominately residential customers.
Have there been other SSOs or blockages in this area that were also caused by
grease?
When?
If yes, describe them:
Have cleaning and inspections ever been increased at this location?
Explain.
Have educational materials about grease been distributed in the past?
0 Yes ❑ No 0 NA D NE
❑ Yes 0 No D NA D NE
Yes 0 No DNA DNE
Yes 0 No [-] NA ❑ NE
0 Yes No ❑ NA ❑ NE
When?
On point
and to whom?
Customers
Explain?
On the City's Website, conveyed through our bill mailings, Community meetings and school demonstrations.
If the SSO occurred at a pump station, when was the wet well and pumps last
checked for grease accumulation?
Were the floats clean?
Yes ❑ No 0 NA 0 NE
CS-SSO Form Page: 2

z
Comments:
Inflow and Infiltration
Are you under an SOC (Special Order by Consent) or do you have a schedule in any Yes [1 No D NA ❑ NE
permit that addresses I/I?
Explain if Yes:
What corrective actions have been taken to reduce or eliminate I & I related overflows
at this spill location within the last year?
Just completed the Royal Oaks study of both water and sewer system. Over 50.000 If of sewer and manholes were
evaluated and a construction cost generated.
Has there been any flow studies to determine 1/1 problems in the collection system at ❑ Yes ❑ No 0 NA ❑ NE
the SSO location?
If Yes, when was the study completed and what actions did it recommend?
March 2015 majority of the problems will be corrected through slip lining the existing sewer mains.
Has the line been smoke tested or videoed within the past year? ❑ Yes 0 No D NA D NE
If Yes, when and indicate what actions are necessary and the status of such actions:
Are there 1/1 related projects in your Capital Improvement Plan? Q Yes D No 0 NA D NE
If Yes, explain:
Yes. the Clearwater creek project and the Royal Oaks project will be added as well.
Have there been any grant or loan applications for 1/1 reduction projects?
If Yes, explain:
Do you suspect any major sources of inflow or cross connections with storm sewers?
If Yes, explain:
Have all lines contacting surface waters in the SSO location and upstream been
inspected recently?
If Yes, explain:
What other corrective actions are planned to prevent future 1/1 related SSOs at this
location?
Smoke testing and flow monitoring.
Comments:
System Visitation
Yes R1No DNA ENE
Yes Q No DNA ONE
Yes QNo DNA ENE
CS-SSO Form Page: 3

ORC F1 Yes
Backup 0 Yes
Name:
David Farqo
Cert#
998222
Date visited:
10/02/2015
Time visited:
09:00 AM
How was the SSO remediated (i.e. Stopped and cleaned up)?
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: David R
Signature:
Telephone Number:
Date: 10/06/15 02:05 pm
Title:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this
form is completed, if used).
CS-SSO Form Page: 4

) ( 2012
Violator:
NOV #:
Enforcement Case #:
NODE R - Division of Waiter Quality
Surface Water Prtecff on Section
Sanitary Sewer Overflow Penalty Matrix
f ka #1Ng W'a i S Assessor: —
n/ 0 V- 20 t S- -,O✓- o �23 0 Date: —
I•
SSO Date:
i
i
Incident #:
ASSESSMENT FACTORS G.S. 1438-282.1(b)
1. Harm:
2. Duration and Gravity of the Violation
3. Effect on dater Quantity or Quality:
i
i
4. Cost of Rectifying Damage:
S. Amount saved by Noncompliance;
i
I
I
,
6. Violation was committed willfully or
intentionally:
i
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
i
8. Enforcement Costs:
i
PENALTY AMOUNT:
i
i
.
Comments:
SSO Penalty Matrix 13108

ATTACHMENT A
City of Kannapolis
Collection System Permit WQCS00327
OCTOBER 2015
Incident # Incident Incident Location 5 Day Est.Total 5 Day Volume
Start Date Volume Reaching Surface
Water
201501228 10/2/2015 Layla Avenue 11,100 11,100
Violation Type Violation Action
Discharge without Proceed to
valid permit NOV/NRE
Grease Inflow and
Infiltration
NOV-2015-DV-0231 Yes Yes
NOV Case

i
North Carolina Department of Environmental Quality
Pat McCrory Donald van der Vaart
Governor Secretary
December 01, 2015
CERTIFIED MAIL# 7015 0640 0002 9295 6705
RETURN RECEIPT REQUESTED
Mr. Wilmer Melton, III, Director of Public Works
401 Laureate Way
Kannapolis, NC 28081
Subj ect: Notice of Violation and Notice of Recommendation for Enforcement
Tracking #: NOV-2015-DV-0231
Collection System Permit Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self -reported sanitary sewer overflows
(SSOs) 5-day reports for the month of October 2015. This review has shown the City of
Kannapolis to be in violation of the requirements found in Collection System Permit WQCS00327
and/or G.S. 143-215.1(a)(1). The violations that occurred during this month 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 the
volume released, the volume reaching surface waters, the duration and gravity, the impacts to public
health, and if they caused a fish kill or recreational area closure. 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 the G.S. 143-215-6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars($25,000.00), or twenty five thousand dollars ($25000.00) 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 result from the unpermitted discharge.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone]Customer Service 1-877-623-6748
Internet: www.ncdenr,gov
An Equal Opportunity1 Affirmative Action Employer— Made in part by recycled paper

0
Melton, City of Kannapolis
NOV-2015-DV-0231
December 01, 2015
Page 2
The SSOs noted in Attachment A under violation action as Proceed to NOV/NRE are the overflows
that the regional office has determined after review of the CS-SSO 5-day report that may result in a
civil penalty assessment.
If you wish to provide additional information regarding the identified SSOs, as to why these SSOs
do not meet the criteria listed in this letter for civil penalty assessment. Please respond in writing
within 20 days of receipt of this Notice. A review of your response will be considered along with
)rt, you will then be notified of any civil
tions. If no response in received in this Office
a o :nt may be prepared.
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Division of Water Resources. If you have any
ate to contact Ms. Barbara Sifford or myself at
1 L. Parker
i1 Supervisor
Zuality Regional Operations
ville Regional Office-NCDENR
;ertified
7=aa
Mrs Services & Fees (checkhoxfee as appropriate)
❑Return Receipt (hardcopy) $
❑ Return Receipt Receipt (electronic) $
❑Certified Mail Restricted Delivery $
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❑Adult Signature Required $
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Dostage
CITY OF KANNAPOLIS
401 LAUREATE WAY
KANNAPOLIS NC 28081
ATTN: MR WILMER MELTON, III
DIRECTOR OF PUBLIC WORKS
dwr/bs 11/30/15

Basinger, Corey
From: Basinger, Corey
Sent: Monday, February 08, 2016 2:21 PM
To: '[e-mail]'
Cc: Sifford, Barbara; Love, Barry F; Pitner, Andrew
Subject: SSO Response to Notice of Violation
Mr. Melton,
The Division has received and reviewed the City's response to the Notice of Violation and Recommendation for
Enforcement (NOV-2015-DV-0291).
Based on your response, the Division will take no further action with regard to this Notice.
We take this opportunity to remind the -City of the vital need to maintain compliance with Collection System Permit No.
WQCS00327 and to continue to work diligently toward the prevention and elimination of Sanitary Sewer Overflows
(SSO).
Should you have questions or concerns, please contact me directly.
Thanks.
Corey Basinger
W. Corey Basinger
Regional Supervisor
Division of Water Resources
Mooresville Regional Office
Department of Environmental Quality
Chairman
Water Pollution Control System Operators Certification Commission
704-235-2194 office
[e-mail]
Mooresville Regional Office
601 East Center Avenue, Suite 301
Mooresville, NC 28115
''!� Nothing Compares-,_--
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Violator:
NOV #:
Enforcement Case #:
i
HCDEHR o Divisions of Water Qua ft
Surface Walter Protection Section
r Sanitary Sewer Ove - 8oems Pena i y Matrix
cr r Assessor:
Date:
SSO Date:
Incident #:
ASSESSMENT FACTORS G.S.143B-282.1(b)
1. Harm:
i
�Q
2. Duration and Gravity of the Violation
� ago
3. Effect on Water Quantity or Quality:
�
I
4. Cost of Rectifying Damage:
i
S. Amount saved by Noncompliance:
6. Violation was committed willfully or
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
8. Enforcement Costs:
PENALTY AMOUNT:
) (2012)
Comments: M4141
SSO Penalty Matrix 1 31 _08

Incident Start
Number Date
20150.1756 11/24/2015
Duration
(Mina) Location
15 203 East 29th St
Total Vol.
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
Debris in line 15 15 No 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 Barbara Sifford with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
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
State of North Carolina i Environmental Quality i Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

KAN
Public Wo,
January 21, 2016
Mr. W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
RECEIVED/NCDENR/DWR
S JAN 2 5 2016
WQROS
MOORESVILLE REGIONAL OFFICE
Subject: Notice of violation and intent to issue civil penalty
Tracking No.: NOV-2015-DV-0291
Dear Mr. Basinger,
The City of Kannapolis respectfully requests a remission of any assessed penalty for the following
reasons:
(b) "The violator promptly abated continuing environmental damage resulting from the violation."
The City of Kannapolis takes all sanitary sewer overflows seriously and it is our goal to respond and
knock down any overflow or backup within an, hour of notification. We have an On -Call system with
personnel available 24-hours ' per day and 7-days a week for emergencies issues such as a sanitary
sewer overflow.
At the 605 Magnolia Avenue SSO, DWQ Incident No. 201501605
• Incident occurred on 11-08-15.
• Received notification from a resident on 11-8-15 at 4:45 p.m.
• First responder arrived on 10-2-15 at 5:00 p.m.
• We immediately dispatched our Sewer Response truck with a 1/2" jetter out to the
location.
• We tried to hydraulically knock a hole in the obstruction, but were unsuccessful.
• We then brought out our larger Jet Vac and were able to unstop the line.
• The SSO stopped on 11-8-15 at 7:00 p.m.
• Creek flushing operation was started.
• Manholes up and down stream of the SSO were checked for any other issues.
• Stoppage was caused by a'/" x 24" metal pipe that became lodged in the drop of a drop
manhole. Pipe was fished out and drop recleaned.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated
wastewater spill to surface waters on 11-9-15 at 2:50 p.m.
• The affected sewer lines were then cleaned.
.- Water samples taken from the creek.
• Raked up debris, cleaned around the manhole and spread lime.
• Water -sample analysis completed on 11-9-15.
• ' Creek flushing operation completed on 11-9-15.
• Sewer lines videoed on 11-9-15.
• This sewer line was last cleaned and inspected in March of 2012.
PUBLIC WORKS 401 LAUREATE WAY/ KANNAPOLIS, N.C. 28081
704-920-4200 / WWWKANNAPOLISNC.GOV

U
At the Mason Street outfall SSO, DWQ Incident No. 201501623
• Incident occurred on 11-09-15.
• Received notification from staff on 11-8-15 at 5:00 p.m.
• First responder arrived on 10-2-15 at 5:00 p.m.
• We immediately dispatched our On -Call Crew out to the location.
• Crew checked manholes from Mason Street all the way to flume station south of
Orphanage Road and found that the sewer mains were running at capacity due to severe
rain weather.
• The SSO stopped on 11-9-15 at 8:30 p.m. when the rain stopped.
• Creek flushing operation was started.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated
wastewater spill to surface waters on 11-10-15 at 9:50 a.m.
• The affected sewer lines were then inspected.
• Water samples taken from the creek.
• Raked up debris, cleaned around the manhole and spread lime.
• Water sample analysis completed on 11-11-15.
• Creek flushing operation completed on 11-11-15.
• This sewer branch has been cleaned and inspected in segments over the last 8 years.
• The City is moving ahead with plans to repair and slip line over 30,000 linear feet of the
Royal Oaks area as well as plans to update infrastructure as part of the Downtown
Revitalization.
The City of Kannapolis is committed to cleaning maintenance of its sewer lines. Our goal is to clean 15%
of our system annually while the State mandates only 10%. We also make a point of cleaning identified
"high grease build-up" lines more frequently. Both of the incident locations are in a residential area in
which we would not likely suspect additional cleaning would be needed.
We are also committed to informing the public on what they can do to help prevent sewer problems and
feel we do an excellent job in trying to reach the community and educate them. We post our updated
Annual Wastewater Report on the City's website which contains information on how to properly dispose
of grease. We have talks at civic group lectures about ways to reduce grease and other materials from
entering the sewer system. We have conducted environmental education classes; Citizens In Action
Group as well as a Team Kannapolis program which educates not only the community, but also City
employees.
Sincerely,
T
Wilmer Melton, III
Director of Public Works

CERTIFIED MAIL: # 7015 1520 0002 8376 2234
RETURN RECEIPT REQUESTED
January 11, 20.16
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-2015-DV-0291
Sanitary Sewer Overflows - November 2015
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 for the month of November 2015. 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
(Minn)
Location
Cause
(Gals)
(Gals)
DWR Action
201501605
11/8/2015
120
605 Magnolia Ave
Debris in line,
600
600
Notice of Violation
Vandalism
201501623
11/9/2015
210
Mason St
Inflow and
5,250
5,250
Intent to Enforce
Infiltration, Severe
Natural Condition
201501666
11/11/2015
50
Basin Street Outfall
Roots
250
250
No Action
State of North Carolina I Environmental Quality I Water'Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

v
Incident Start
Number Date
201501756 11/24/2015
Duration
(Mina) Location
15 203 East 29th St
Cause
Debris in line
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
15 15 No 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 sir ,,'�; situations. The response to this correspondence will be
co_ nsidered .in till also be based on volume spilled, volume reaching surface
I i, fish kills or recreational area closures. Other factors
c salty are the violator's history of non-compliance, the cost of
N% o pal and whether money was saved by non-compliance.
r a RE �IVEDINCDENR/DWR
N ,a O N
I U)Z MAIN 15 2016
contact Barbara Sifford with the Water Quality Section in
tl o -
a email at [e-mail].
LL = a
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MOOS tE 44LLI REGIONAL OFFICE
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M s KANNAPOLIS NC 28081 ----------------
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-----------
Quality I Water Resources
-Mooresville, NC 28115
704-663-1699

KAN
Public Wo,
July 29, 2015
Mr. Michael Parker, Regional Supervisor
Division of Water Quality - Surface Water Section
Mooresville Regional Office
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation
Tracking No. NOV-2015-DV-0158
Dear Mr. Parker,
RECEIVED/NCDENRIDWR
AUG 3 2015
WQROS
S MOORESVILLE REGIONAL OFFIICE
RECEIVED/NCDENR/DWR
This letter is a follow up to our five-day SSO report of the above referenced NOV.
East 23rd Street Outfall:
• Incident occurred on 6-2-15.
WOROF
MOORESWI t.Z €=IEGIC`:NAL OFFICE
• Pursuant to NC G.S.143-215.1C, the City of Kannapolis gave notice of an untreated
wastewater spill to surface waters on 6-3-15.
• The SSO was caused by a break at the bell on an 8" ductile iron pipe aerial. The break was
found by our CCTV crew that was doing routine maintenance on the line.
• We immediately dispatched a construction crew which made repairs within 2 hours on
6-2-15.
• The sewer lines leading into and out of the line where the SSO took place were videoed on
6-3-15 with no other issues found.
• This outfall line is on our high_prtoxity.list and was last ins ep ted in Iy 2Q13_-_
In General:
• The area outside of the line where the SSO took place was cleaned up.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after flushing.
• These lines serve a residential neighborhood.
• Educational material on the effects of fats, oils and grease and debris to our sewer systems
are in our annual report that is distributed to consumers and businesses every year, on our
City website, presented at our Community Outreach meetings and Kannapolis Citizen
Academy.
1401 BETHPAGE ROAD / PO BOX 1199 / KANNAPOLIS, N.C. 28082
704-920-4200 / WWW.KANNAPOLISNC.GOV

KAN
Public Wo,
If there is any more information needed regarding this spill, please contact me.
Thank you very much,
David A argo
Water Resources Manager
City of Kannapolis, NC
1401 BETHPAGE ROAD / PO BOX 1199 / KANNAPOLIS, N.C. 28082
704-920-4200 / WWW. KAN NAPO LIS NC.GOV

i . -4
C®Ilectiion System SSO 24-Hour Notification..
Collection System: Number and Name WQCS#
Incident Number from BIMS - - 2G4,4-0— -2-0/
Incident Reviewed (Date):
Incident Action Taken: BPJ
NOV-20 DV - Q l5
DV-2014-
0 0 0 0 0 0 0 0 0 0 0 0 0 an 0 0 0© 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0® 0 0 0 0 0 0 0 an 0 an am 0 0 0 0 0 0 0 0 0 0 am 1
Spill Date 2 Time M' 0a / pm
Reported Date / Time am pm
Quality Staff reported to or EM Staff in Raleigh
W
Regional Water ! ty N � _
SSO reported by e�,� '
Phone
Address of Sr)ill 9-�— J,3 44 �e
County Knt4-ja r II-- City ,,�n c ,ict I i
Cause of Spill CoflCfz4� j e,G pe ; _� 0�1o?74
Total Estimated Gallons '[0/9 Est. Gal to Stream 0.
Ga a IFS �e2
Stream L/t- 7 Fish Kill: Yes No Number Species
Non Required Information and other comments relating to SSO incident:
Response time minutes Zone Map Quad

10- .t
Permit #
Owner and Facility Name
Permit #
Owner and Facility Name
WQCS00253
Bradfield Farms Water Company CS
WQCS00171
Greater Badin CS
WQCS00196
Carolina Water Service Cabarrus Woods CS
WQ2CS00322
. Aqua Country Woods East CS
WQCS00233
Carolina Water Service Hemby Acres CS
WQCS00222
Town of Boiling Springs CS
WQCS00001
Charlotte -Mecklenburg CS
WQCS00341
Town of China Grove CS
WQCS00016
City of Albemarle CS
WQCS00231
Town of Cleveland CS
WQCS00046
City of Belmont CS
WQCS00058
Town of Cramerton CS
WQCS00107
City of Bessemer City CS
WQCS00165
Town of Dallas CS
WQCS00089
City of Cherryville CS
WQCS00342
Town of E. Spencer CS
WQCS00221
City of Claremont CS
WQCS00328
Town of Harrisburg CS
WQCS00326
City of Concord CS
WQCS00343
Town of Landis CS
WQCS00088
City of Conover CS
WQCS00310
Town of Longview CS
WQCS00017
City of Gastonia CS
WQCS00120
Town of Maiden CS
WQCS00020
City of Hickory CS
WQCS00344
Town of Marshville CS
WQCS00327
City of Kannapolis CS
WQCS00043
Town of Mooresville CS
WQCS00036
City of Kings Mountain CS
WQCS00125
Town of Mt Pleasant CS
WQCS00040
City of Lincolnton CS
WQCS00153
Town of Norwood CS
WQCS00164
City of Lowell CS
WQCS00190
Town of Oakboro CS
WQCS00026
City of Monroe CS
WQCS00325
Town of Stanfield CS
WQCS00059
City of Mount Holly CS
WQCS00180'
Town of Stanley CS
WQCS00044
City of Newton CS
WQCS00135
Town of Taylorsville CS
WQCS00019
City of Salisbury CS
V1/QCS00258
Town of Troutman CS
WQCS00037
City of Shelby CS
WQCS00345
Town of Wingate CS
WQCS00030
City of Statesville CS
WQCS00054
Union County CS
WQCS00149
East Lincoln CS
WQCS00009
WSA Cabarrus Co. CS
Deemed Permitted
Permit #
Owner and Facility Name
WQCSD0130
Brooks Food Group -Brooks Food Group
WQCSD0114
Charlotte Mecklenburg Schools - Misc Laterals
WQCSD0057
City of High Shoals CS
WQCSD0117
Duke Energy Marshall Steam Station
WQCSD0257
Fallston
WQCSD0116
Goose Creek Utilities Fairfield Plantation WWTP
WQCSD0101
Harborside Dev LLC-Midtown T CS
WQCSD0095
Kennerly Dev. Group LLC-Boardwalk Villas CS
WQCSD0098
Kennerly Dev. Group LLC-Kings Point CS
WQCSD0105
Kennerly Dev. Group LLC-Moon Bay Condos CS
WQCSD0107
Kennerly Dev. Group LLC-Schoonbr Bay CS
WQCSD0099
Kennerly Dev. Group LLC-Spinnaker Point CS
_._—WQGSD0258--KhTgstoVVI
I---
WQCSD0112
Lake Norman -South Point CS
WQCSD0104
Lake Norman -Villas S Harbour CS
WQCSD0102
Lake Norman -Vineyard Pt Resort CS
Permit #
Owner and Facility Name
WQCSD0064
Lincoln County CS
WQCSD0097
Martin Dev Gp-N Point & Portside CS
WQCSD0120
Martin Marietta Mallard Creek
WQCSD0019
Town of Richfield CS
WQCSD0024
Town of Grover CS
WQCSD0038
Town of McAdenville CS
WQCSD0002
Town of Ranlo CS
WQCSD0049
Town of Spencer Mountain CS
WQCSD0252 All spills which do not have a permit
number assigned

..n
Siffad, Barbara
From: David Fargo <[e-mail]>
Sent: Wednesday, July 15, 2015 3:20 PM
To: Sifford, Barbara
Subject: RE: June spill
Barbara,
We do a comprehensive inspection once a year and whenever we have a large rainfall we check out the most critical
(largest spans) aerials.
I have found my report from 2014, but the sheet that lists this aerial is missing. I do have 2013 report in which the only
comment was that the outfall needed clearing..
If you need any other information, give me a shout.
David Fargo
Water Resources Manager
City of Kannapolis
704-920-4251 (o)
704-244-1156 (c)
[e-mail]
www.kannapolisnc.gov
From: Sifford, Barbara[mailto:barbara.siffordCaancdenr.gov]
Sent: Wednesday, July 15, 2015 1:48 PM
To: David Fargo
Subject: June spill
Hi David,
Long time since we spoke, I have a question about the SSO that occurred on June 2 on East 23rd avenue, information in
the report states that it was an aerial, when was the last time this was inspected since it is an aerial line. I know it was
found while out cleaning lines in the area on June 2. Thanks for addressing this additional information.
Barbara Sifford - Barbara.Sifford@ncdenr.g6v
Technical Consultant- Division of Water Resources
North Carolina Dept. of Environment & Natural Resources
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph:704.663.1699 DWQ

Pat McCrory
Governor
i L E
NCDENR
North Carolina Department of Environment and Natural Resources
July 21, 2015
CERTIFIED MAIL# 7015 0640 0007 5707 4692
RETURN RECEIPT REQUESTED
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
401 Laureate Way
Kannapolis, NC 28081
Subject: Notice of Violation/Notice of Recommendation for Enforcement
Tracking #: NOV-2015--D.V-0158
Collection System Permit Number WQCS00327
Cabarrus County
Dear Mr. Melton:
Donald van der Vaart
Secretary
A review has been conducted of the City of Kannapolis's self -reported sanitary sewer overflows
(SSOs) 5-day reports for June 2015. This review has shown _the _City of Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during this month 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, and 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 the
volume released, the volume reaching surface waters, the duration and gravity, the impacts to public
health, and if they caused a fish kill or recreational area closure. 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 the G.S. 143-215-6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars($25,000.00), or twenty five thousand dollars ($25000.00) 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 result from the unpermitted discharge.
The SSOs noted in Attachment A under violation action as Proceed to NOV/NRE are the overflows
that the regional office has determined after review of the CS-SSO 5-day report that may result in a
civil penalty assessment.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone]/Customer Service 1-877-623-6748
Internet: www.ncdenr.gov
An Equal Opportunity1 Affirmative Action Employer— Made in part by recycled paper

Melton, City of Kannapolis
NOV-2015-DV-0158
July 22, 2015
Page 2
If you wish to provide additional information regarding the identified SSOs, as to why these SSOs
do not meet the criteria listed in this letter for civil penalty. assessment. Please respond in writing
within 10 calendar days of receipt of this Notice. A review of your response will be considered
along with the information provided on the CS-SSO 5-day report. You will then be notified of any
civil penalties that may be assessed regarding these violations. If no_ response in received in this
Office within the 10-day period, a civil penalty assessment may be prepared.
Thank you for your continued cooperation with the Division of Water Resources. If you have any
questions concerning this matter, please do not hesitate to contact Ms. Barbara Sifford or myself at
[phone].
` li,r. `Ji , Sincerely J
Jv,ag'to X = c
x � � gP ,Z_ 0CD
dit� �CE1Vpih' -
j ti :r ., _ Michael L. Parker
,UL `� 1 2� - Regional Supervisor
Water + — Quality Regional Operations
d \N ROS OFFtL� _ Q g p
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Attachment A
i
City of Kannapolis
WQCS00327
April'2015 to June 2015
Incident # Incident Incident Location 5 Day: 5 Day: Vol Violation Type Violation p,
Start Date Est Reach
Total Surface
Volume Water
n NOV Case
201500518 4/7/2015 6280 Glenn Afton 20 20 Discharge No Action, BPJ
Road without valid
201500642 4/29/2015 Wyrick Trailer 60
Park
201500779 6/2/2015 East 23rd Street 900
permit
60 Discharge No Action; BPJ
without valid
permit
900 Discharge Proceed to
without valid NOV/NRE
permit j
Other Grease Pipe
Failure
(Break)
Yes No No
No Yes No
NOV-2015-DV-0158 Yes No Yes
U., -AW

ffAulm
KAN P S I
Public Works :'r: t1
March 10, 2015
Mr. Michael Parker, Regional Supervisor
Division of Water Quality - Surface Water Section
Mooresville Regional Office
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation
Tracking No. NOV-2015-DV-0036
Dear Mr. Parker,
;r
This letter is a follow up to our five-day SSO report of the above referenced NOV.
West 8th Street Outfall:
RECENED/NCDENR/DWR
MAR 11 2015
WQROS
MOORESVILLE REGIONAL OFFICE
• Incident occurred on 12-1-14.
• Pursuant to NC G.S.143-215.1C, the City of Kannapolis gave notice of an untreated
wastewater spill to surface waters on 12-4-14.
• The SSO was knocked down by water jetting on 12-1-14 and the line was found to have
grease, silt and rocks. We believe the silt and rocks entered through a manhole ring and
cover that had been knocked off slightly.
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned
and washed on 12-1-14,12-2-14 and the manhole ring and cover resecured
• These same lines were videoed on 12-2-14 with no other issues found.
• This outfall line is on our high priority list and was last cleaned and inspected in July 2013.
In General:
• The area outside of the manhole where the SSO took place was cleaned up and washed
down and treated with lime.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after flushing.
• These lines serve a residential neighborhood.
• Educational material on the effects of fats, oils and grease and debris to our sewer systems
are in our annual report that is distributed to consumers and businesses every year, on our
City website, presented at our Community Outreach meetings and Kannapolis Citizen
Academy.
1401 BETHPAGE ROAD / PO BOX 1199 / KANNAPOLIS, N.C. 28082
704-920-4200 / WWW.KANNAPOLISNC.GOV -

KAN
Public Wo,
61
If there is any more information needed regarding these spills, please contact me.
Th k you ver uch,
David R. Fargo
Water Resources Manager
City of Kannapolis, NC
1401 BETHPAGE ROAD / PO BOX 1199 / KANNAPOLIS, N.C. 28082
704-920-4200 / WWW.KANNAPOLISNC.GOV

KANNAPOLIS
V U N 1, I C W O H K 5
July 9, 2014
Mr. Michael Parker, Regional Supervisor
Division of Water Quality — Surface Water Section
Mooresville Regional Office
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation
Tracking No. NOV-2014-DV-0100
Dear Mr. Parker,
This letter is a follow up to our five-day SSO report of the above referenced NOV.
1610 Dakota Street:
r_L'ER/_ D
JUL 10 2014
Rom
• Incident occurred on 2-3-14.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated wastewater spill
to surface waters on 2-4-14.
• The SSO was knocked down by water jetting on 2-3-14 and the line was found to have non -
biodegradable towels and grease.
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned and
washed on 2-3-14.
• These same lines were videoed on 2-4-14 with no other issues found.
601 Magnolia Avenue:
• Incident occurred on 2-23-14.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated wastewater spill
to surface waters on 2-24-14.
• The SSO was knocked down by water jetting on 2-23-14 and the line was found to have non -
biodegradable towels and grease.
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned and
washed on 2-23-14.
• These same lines were videoed on 2-24-14 with no other issues found.
E. 15t Street and Harding Avenue:
• Incident occurred on 3-27-14.
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated wastewater spill
to surface waters on 3-27-14.
• The SSO was knocked down by water jetting on 3-27-14 and the line was found to have non -
biodegradable towels and grease.
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned and
washed on 3-27-14.
• These same lines were videoed on 3-27-14 with no other issues found.
526 Wright Avenue:
• Incident occurred on 3-7-14.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated wastewater spill
to surface waters on 3-8-14.
• The SSO was knocked down by water jetting on 3-7-14 and the line was found to have roots and
grease.
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned and
washed on 3-7-14.
• These same lines were videoed on 3-12-14 and found to still have roots. The line was then
hydraulically cleaned with a root cutter, re -inspected and found to have no other issues.
1203 Sunset Drive:
• Incident occurred on 3-14-14.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated wastewater spill
to surface waters on 3-15-14.
• The SSO was knocked down by waterjetting on 3-27-14 and the line was found to have non -
biodegradable towels, roots and grease.
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned and
washed on 3-14-14.
• These same lines were videoed on 3-14-14 with no other issues found.
In General:
• The area outside of the manhole where the SSO took place was cleaned up and washed down and
treated with lime.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after flushing.
• These lines serve a residential neighborhood.
• Educational material on the effects of fats, oils and grease and debris to our sewer systems are in our
annual report that is distributed to consumers and businesses every year, on our City website,
presented at our Community Outreach meetings and Kannapolis Citizen Academy.
If there is any more information needed regarding these spills, please contact me.
Than you very much,
D vi R. Fargo
Water Resources Manager
City of Kannapolis, NC
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

4
A
CDEN
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
June 27, 2014
CERTIFIED MAIL #7010 0780 0000 5562 1583
RETURN RECEIPT REQUESTED
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
Post Office Box 1199
Kannapolis, North Carolina 28082-1199
Subject: Notice of Violation and Notice of Intent for Enforcement
Tracking #: NOV-2014-DV-0100
Collection System Permit Number WQCS00327
City of Kannapolis
Rowan County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis self -reported sanitary sewer overflow (SSO)
5-day reports for the months of February and March 2014. This review has shown the City of
Kannapolis to be in violation of the requirements found in Collection System (CS) Permit
WQCS00327 and/or G.S. 143-215.1(a)(1).
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 the
volume released, the volume reaching surface waters, the duration and gravity, the impacts to
public health, and if they caused a fish kill or recreational area closure. 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 the 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 result from the unpermitted discharge.
The SSOs noted in Attachment A enclosed with this letter after review of the CS-SSO 5-day reports
has been issued a Notice of Violation and are being considered for enforcement.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: http://poftal.ncdenr.org/webtwq
Noi thCarolina
An Equal Opportunity t Affirmative Action Employer — 30'% Recycled"10% Post Consumer paper

Mr. Melton, City of Kannapolis
NOV-2014-DV-0100,
Page 2
June, 2014
If you wish to provide additional information regarding the identified SSOs caused by grease (as to
why these spills do not meet the criteria listed in this letter for civil penalty assessment) by providing
additional information on the status of compliance with 15 A NCAC 02T.403 (a) (8) on your grease
control program. These deficiencies were noted in the last inspection report from August 2013.
Please respond in writing within 20 days of receipt of this Notice. A review of your response will be
considered along with the information provided in the CS-SSO 5-day reports. You will then be
notified of any civil penalties that may be assessed regarding these violations. If no response is
received in this Office within the 20-day period, a civil penalty assessment may be prepared.
Thank you for your continued cooperation with the Division of Water Resources. If you have
questions concerning this matter, please do not hesitate to contact Ms. Barbara Sifford or myself at
[phone].
Sincerely,
c
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures — Attachment A
Cc: '-S-W el i-=ORC>xDavid=Fa'rge,
City of Kannapolis-Cabarrus Co
MSC-1617 Central Files

Mr. Melton, City of Kannapolis
NOV-2014-DV-0100,
Page 2
June, 2014
If you wish to provide additional information regarding the identified SSOs caused by grease (as to
why these spills do not meet the criteria listed in this letter for civil penalty assessment) by providing
additional information on the status of compliance with 15 A NCAC 02T.403 (a) (8) on your grease
control program. These deficiencies were noted in the last inspection report from August 2013.
Please respond in writing within 20 days of receipt of this Notice. A review of your response will be
considered along with the information provided in the CS-SSO 5-day reports. You will then be
notified of any civil penalties that may be assessed regarding these violations. If no response is
received in this Office within the 20-day period, a civil penalty assessment may be prepared.
Thank you for your continued cooperation with the Division of Water Resources. If you have
questions concerning this matter, please do not hesitate to contact Ms. Barbara Sifford or myself at
[phone].
Sincerely,
;? e
4�&
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures — Attachment A
Cc: System ORC- David Fargo
City of Kannapolis-Cabarrus Co
MSC-1617 Central Files

ATTAC
MENT A
KANNAP
LIS COLLECTION
SYSTEM
PERMIT
WQCS00327
FEBRU
RY and MARCH
2O14
Incident*
Incident Incident Location
5 Day:
5 Day: Vol
Violation Type
Violation Action
NOV Case
Cause:
Cause:
Cause:
Cause
Cause:
Start Date
Est
Reach
Debris
Grease
Severe
Inflow and
Total
Surface
in line
Natural
Roots
Infiltration
Volume
Water
Condition
201400221
2/3/2014 1610 Dakota
St
720
720
Discharge
Proceed to NOV
NOV-2014-DV-0100
Yes
Yes
No
No
No
without valid
permit
201400353
2/23/2014 601 magnolia
aver
360
360
Discharge
Proceed to NOV
NOV-2014-DV-0100
Yes
Yes
No
No
No
without valid
permit
201400624
3/27/2014 E 1st s
reet and
3,150
3,150
Discharge
Proceed to NOV
NOV-2014-DV-0100
Yes
Yes
No
No
No
S Hard
ng Ave
without valid
permit
201400525
3/7/2014 526 Wi
ight St
375
375
Discharge
Proceed to NOV
NOV-2014-DV-0100
No
Yes
No
Yes
No
without valid
permit
201400555
3/14/2014 1203 Sunset
Dr.
3,150
1,575
Discharge
Proceed to NOV
NOV-2014-DV-0100
Yes
Yes
No
Yes
No
without valid
permit
201400439
3/7/2014 Mason;St
outfall
4,350
4,350
Discharge
No Action, BPJ
No
No
Yes
No
Yes
line
without valid
permit

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 27, 2013
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
Post Office Box 1199
Kannapolis, North Carolina 28082-1199
Subject: Compliance Evaluation Inspection for Collection System
Permit No. WQCS000327
City of Kannapolis Collection System
Cabarrus County, NC
Dear Mr. Melton:
Ms. Barbara Sifford and Sujatha Nagulapally of the NC Division of Water Resources (DWR)
Mooresville Regional Office (MRO) conducted a compliance evaluation inspection (CEI) of the City of
Kannapolis wastewater collection system permit number WQCS00327, on August 1, 2013. The assistance and
cooperation of Mr. David Fargo, Mr. Terry Benefield, Mr. Ed Sowell and Mr. Jamie Archie was greatly
appreciated. Please note that the sections completed on the report pertain only to the areas that were inspected.
An inspection report is attached for your records and inspection findings are detailed in this report.
The collection system for the City of Kannapolis consists of approximately 325 miles of sewer lines and
14 pump stations. The system conveys wastewater to the Water Sewer Authority of Cabarrus County, Rock
River WWTP (NPDES NC0036269). The collection system is currently classified as a CS-3 system. Due to
enactment of SL2009-406 (or SB 831), the expiration date of the permit was extended to 02/28/2017. As a
reminder the permit renewal is due six months prior to this expiration date.
NC Administrative Code 15A NCAC 02T.0403 (a) (8) requires that a grease control program be
developed and implemented.
1. For publicly owned collection systems the grease control program shall include at least bi-annual
distribution of grease education materials for both commercial and residential users and the legal means
to require grease interceptors for newwconstruction-and, if necessary, retrofit of grease interceptors -at ---
existing establishments. The plan shall also include legal means for inspections of the grease
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterqua]!V.org
NorthCarolina
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled/10% Post Consumer paper

Page 2
Kannapolis WQCS00327
September 2013
interceptors, enforcement for violators and to control grease entering the system from other public and
private satellite sewer systems.
2. Grease education materials shall be distributed more often than required above if necessary to prevent
grease -related sanitary sewer overflows.
The report should be self-explanatory; however, should you have any questions concerning this
inspection report please do not hesitate to contact Ms. Sifford at 704-235-2196 or Sujatha Nagulapally at 704-
235-2143.
Sincerely,
Michael L. Parker
Regional Supervisor
Mooresville Regional Office
Enclosures - Inspection Report
Cc: David Fargo City of Kannapolis
MRO CS Cabarrus Co
PERCS

Page 2
Kannapolis WQCS00327
September 2013
interceptors, enforcement for violators and to control grease entering the system from other public and
private satellite sewer systems.
2. Grease education materials shall be distributed more often than required above if necessary to prevent
grease -related sanitary sewer overflows.
The report should be self-explanatory; however, should you have any questions concerning this
inspection report please do not hesitate to contact Ms. Sifford at 704-235-2196 or Sujatha Nagulapally at 704-
235-2143.
Sincerely,
Michael L. Parker
Regional Supervisor
Mooresville Regional Office
Enclosures - Inspection Report
Cc: David Fargo City of Kannapolis
MRO CS Cabarrus Co
PERCS

F Ea
ILE,
NR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
June 2T 2014
CERTIFIED MAIL #7010 0780 0000 5562 1583
RETURN RECEIPT REQUESTED
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
Post Office Box 1199
Kannapolis, North Carolina 28082-1199.
Subject: Notice of Violation and Notice of Intent for Enforcement
Tracking #: NOV-2014-DV-0100
Collection System Permit Number WQCS00327
City of Kannapolis
Rowan County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis self -reported sanitary sewer overflow (SSO)
5-day reports for the months of February and March 2014. This review has shown the City of
Kannapolis to be in violation of the requirements found in Collection System (CS) Permit
WQCS00327 and/or G.S. 143-215.1(a)(1).
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 the
volume released, the volume reaching surface waters, the duration and gravity, the impacts to
public health, and if they caused a fish kill or recreational area closure. 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 the 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 result from the unpermitted discharge.
The SSOs noted in Attachment A enclosed with this letter after review of the CS-SSO 5-day reports
has been issued a Notice of Violation and are being considered for enforcement.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Intemet: htp://portal.ncdenr.org/web/wq
No thCarolina
An Equal Opportunity 1 Arfirmative ,Action Employer — 30% Recycled110% Post Consumer paper

J `
Mr. Melton, City of Kannapolis
NOV-2014-DV-0100,
Page 2
June, 2014
If you wish to provide additional information regarding. the identified SSOs caused by grease (as to
why these spills do not meet the criteria listed in this letter for civil penalty assessment) by providing
additional information on the status of compliance with 15 A NCAC 02T.403 (a) (8) on your grease
control program. These deficiencies were noted in the last inspection report from August 2013.
Please respond in writing within 20 days of receipt of this Notice. A review of your response will be
considered along with the information provided in the CS-SSO 5-day reports. You will then be
notified of any civil penalties that may be assessed regarding these violations. If no response is
received in this Office within the 20-day period, a civil penalty assessment may be prepared.
Thank you for your continued cooperation with the Division of Water Resources. If you have
questions concerning this matter, please do not hesitate to contact Ms. Barbara Sifford or myself at
[phone].
Sincerely,
�4441e)
Michael L. Parker, Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures — Attachment A
Cc: System ORC- David Fargo
City of Kannapolis-Cabarrus Co
MSC-1617 Central Files

ATTACI-IMENT
A
KANNAPiWQCS00327
LIS COLLECTION
SYSTEM
PERMIT
FEBRU
4,RY and MARCH
2O14
Incident #
Incident Incident Location
5 Day:
5 Day: Vol
Violation Type
Violation Action
NOV Case
Cause:
Cause:
Cause:
Cause
Cause:
Start Date
Est
Reach
Debris
Grease
Severe
Inflow and
Total
Surface
in line
Natural
Roots
Infiltration
Volume
Water
Condition
201400221
2/3/2014 1610 Dakota
St
720
720
Discharge
Proceed to NOV
NOV-2014-DV-0100
Yes
Yes
No
No
No
without valid
permit
201400353
2/23/2014 601 magnolia
aver
360
360
Discharge
Proceed to NOV
NOV-2014-DV-0100
Yes
Yes
No
No
No
without valid
permit
201400624
3/27/2014 E 1st s
ireet and
3,150
3,150
Discharge
Proceed to NOV
NOV-2014-DV-0100
Yes
Yes
No
No
No
S Hard
ng Ave
without valid
permit
201400525
3/7/2014 526 W
ight St
375
375
Discharge
Proceed to NOV
NOV-2014-DV-0100
No
Yes
No
Yes
No
without valid
permit
201400555
3/14/2014 1203 Sunset
Dr.
3,150
1,575
Discharge
Proceed to NOV'
NOV-2014-DV-0100
Yes
Yes
No
Yes
No
without valid
permit
201400439
3/7/2014 Mason
St outfall
4,350
4,350
Discharge
No Action, BPJ
No
No
Yes
No
Yes
line
without valid
permit
d

L
NCDEMR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 27, 2013
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
Post Office Box 1199
Kannapolis, North Carolina 28082-1199
Subject: Compliance Evaluation Inspection for Collection System
Permit No. WQCS000327
City of Kannapolis Collection System
Cabarrus County, NC
Dear Mr. Melton:
Ms. Barbara Sifford and Sujatha Nagulapally of the NC Division of Water Resources (DWR)
Mooresville Regional Office (MRO) conducted a compliance evaluation inspection (CEI) of the City of
Kannapolis wastewater collection system permit number WQCS00327, on August 1, 2013. The assistance and
cooperation of Mr. David Fargo, Mr. Terry Benefield, Mr. Ed Sowell and Mr. Jamie Archie was greatly
appreciated. Please note that the sections completed on the report pertain only to the areas that were inspected.
An inspection report is attached for your records and inspection findings are detailed in this report.
The collection system for the City of Kannapolis consists of approximately 325 miles of sewer lines and
14 pump stations. The system conveys wastewater to the Water Sewer Authority of Cabarrus County, Rock
River WWTP (NPDES NC0036269). The collection system is currently classified as a CS-3 system. Due to
enactment of SL2009-406 (or SB 831), the expiration date of the permit was extended to 02/28/2017. As a
reminder the permit renewal is due six months prior to this expiration date.
NC Administrative Code 15A NCAC 02T.0403 (a) (8) requires that a grease control program be
developed and implemented.
1. For publicly owned collection systems the grease control program shall include at least bi-annual
distribution of grease education materials for both commercial and residential users and the legal means
to require grease interceptors for new construction -and, if necessary, retrofit of grease interceptors -at--- -
existing establishments. The plan shall also include legal means for inspections of the grease
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.nowaterquallt .org
An Equal Opportunity; Affirmative Action Employer- 50% Recycled/10% Post Consumer paper
NorthCaroEna
Naturally

Page 2
Kannapolis WQCS00327
September 2013
interceptors, enforcement for violators and to control grease entering the system from other public and
private satellite sewer systems.
2. Grease education materials shall be distributed more often than required above if necessary to prevent
grease -related sanitary sewer overflows.
The report should be self-explanatory; however, should you have any questions concerning this
inspection report please do not hesitate to contact Ms. Sifford at 704-235-2196 or Sujatha Nagulapally at 704-
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FtLE
A4 *-
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald van der Vaart
Governor Secretary
February 23, 2015
CERTIFIED MAIL# 7010 0780 0000 5562 1590
RETURN RECEIPT REQUESTED
Mr., Wilmer Melton, III, Director of Public Works
P.O. Box 1199
Kannapolis, NC 28082
Subj ect: Notice of Violation
Tracking #: NOV-2015-DV-0036
Collection System Permit Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mt. Melton:
A review has been conducted of the City of Kannapolis's self -reported sanitary sewer overflows
(SSOs) 5-day reports for the month of December 2014. This review has shown the City of
Kannapolis to be in violation of the requirements found in Collection System Permit WQCS00327
and/or G.S. 143-215.1(a)(1). The violations that occurred during this month 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 the
volume released, the volume reaching surface waters, the duration and gravity, the impacts to public
health, and if they caused a fish kill or recreational area closure. 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 the G.S. 143-215-6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars($25,000.00), or twenty five thousand dollars ($25000.00) 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 result from the unpermitted discharge.
Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Phone: [phone] / Fax: [phone]/Customer Service 1-877-623-6748
Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Permit # Owner and Facility Name
WQCSOD253 Bradfield Farms Water Company CS
WQCS00196 Carolina Water Service Cabarrus Woods CS
WQCS00233 Carolina Water -Service HembyAcres CS
WQCSOD001 Charlotte -Mecklenburg C5
WQCS00016 City of Albemarle CS -
WQCS00046 City of Belmont CS
WQCS00107 City of Bessemer City CS
WOCS00089 City of Cherryville CS.
WQCS00221 City of Claremont CS
WOCS00326 City of Concord CS
WQCS00088 City of Conover CS
WQCS00017 __City of Gastonia_CS___
WQCS00020 City of Hickory CS
WQCS00327 City of Kannapolis CS
WQCS00036 City of Kings Mountain CS
WQCS00040 - City of Lincolnlon CS
WQCS00164 City of Lowell CS
WQCS00026 ' City of Monroe CS
WQCS00059 City of Mount Holly CS
WQCS00044 City of Newton CS
WQCS00019 City of Salisbury CS
WQCS00037 City of Shelby CS
WOCS00030 - City of Statesville CS
WQCS00149 East Lincoln CS
Deemed Permitted
Permit#
Owner and Facility Name
WQCSDO130
Brooks Food Group -Brooks Food Group
WQCSD01.14
Charlotte Mecklenburg Schools - Misc Laterals
WOCSDO057
City of High Shoals CS'"
WQCSDO117
Duke Energy Marshall Steam Station
WQCSD0257
Fallsion -
WQCSD0116
Gopse Creek Utilities Fairfield Plantation WWTP
WQCSDO101
Harborside Dev LLC-Midtown T CS
WQCSDO095
Kennerly Dev..Group LLC-Boardwalk Villas CS
WQCSDO098
Kennerly Dev, Group LLC-Kings Point CS
WOCSDO105
Kennerly Dev. Group LLC-Moon Bay Condos CS
WQCSDD107
Kennerly Dev_ Group LLC-Schooner Bay CS
WOCSDD099
Kennerly Dev. Group LLC-Spinnaker Point CS
WQCSD0258
Kingstown
WQCSD0112
Lake Norman -South Point CS
WQCSDO104
Lake Norman -Villas S Harbour CS
Permit # Owner and Facility Name
"WQCS00171 Greater Badin CS
WQCS00322 Aqua Country Woods East CS
WQCS00222 Town of Boiling Springs CS
WQCS00341 Town. of China Grove CS
WQCS00231 Town.of Cleveland CS
WOCS00058 Town of Cramerton CS
WQCS00165 Town of Dallas CS
WQCS00342 Town of E. Spencer CS.,
WQCS00328 Town of Harrisburg CS
WQCSOD343 Town of Landis CS
WQCS00310 Town of Longview CS
_1NQCSOI)120_- Town of Maiden CS
WQC500344 Town of Marshville-CS
WQCS00043 Town of Mooresville CS
WQCSOD125 Town of Mt Pleasant CS
WOCS00153 Town of Norwood CS
WQCS00190 Town of Oakboro CS
WQCS06325 Town of Stanfield CS
WQC80018D Town of Stanley CS
WOCS00135 Town of Taylorsville CS
WQCS00258 Town of Troutman CS
WQCS00345 Town of Wingate CS
WQCS00054 Union County CS
WQCS00009 WSA Cabarrus Co. CS
Permit#
Owner and Facility Name
WQCSDO064
Lincoln County CS
WQCSDD097
Martin Dev Gp-N Point & Podside CS
WQCSDD120
Martin Marietta Mallard Creek
WQCSD0019
Town of Richfield CS
WQCSDOD24
Town of Grover CS
WOCSDO038
Town of McAdenville CS
WQCSD0002
Town of Ranlo CS
WQCSDO049
Town of Spencer Mountain CS
WQCSD0252 All spills which do not have a permit
-number assigned
WQCSDO102 Lake Norman -Vineyard Pt Res r1 CS
9
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E. John E. Skvarla, III
Governor Director Secretary
January 17, 2013
Mr. Wilmer Melton, Director of Public Works
City of Kannapolis
P. O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation
Tracking No. NOV-2013-DV-0010
Collection System Permit Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self -reported Sanitary Sewer Overflows
(SSOs) 5-Day Report(s) for December 2012. This review has shown the City of Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during December 2012 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.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement" are the
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 have 20 days from receiving this Notice of Violation letter to
provide any additional justification for the identified SSOs as to why these spills do not meet the
criteria listed in this letter for civil penalty assessment.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service:1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
One
NorthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycied/10% Post Consumer paper

*11
Mr. Wilmer Melton, City of Kannapolis
NOV-2013-DV-0010
Page 2
If you have any questions regarding this policy please do not hesitate to contact Mr. Lon Snider or
myself at 704-663-1699.
Sincerely,
Michael L. Parker
Regional Supervisor
Division of Water Quality — Surface Water Section
Mooresville Regional Office
Attachment — A
Cc: PERCS Files

Attachment A
r
City of Kannapolis Collection System
December 2012
24 Hour
Day Vol.
24 Hour 5 Day_ Reaching Cause:
Permit # Location Incident # Start Date Vol.. Reaching NOV Case Violation Action Debris
Gallons Gallons Surface Surface
Water
Water in line
WQCS00327 1115 Kentucky St outfall 201202031 12/19/12 600 600 600 600 NOV-2013-DV-0010 Proceed to NOV Yes

R
January 23, 2013
Mr. Michael Parker, Regional Supervisor
Division of Water Quality —Surface Water Section
Mooresville Regional Office
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation
Tracking No. NOV-2013-DV-0010
Dear Mr. Parker,
KANNAPOL[S
PUB LIC WORKS
RECEIVED
DIVISION OF VjA'I'LR QUALITY
JAN 2 4 2013
Slh�lp S!%:c-no'I 4
MOORESVILLE `tEGiONAL OFFICE
This letter is a follow up to our five-day SSO report of the above referenced NOV.
1115 Kentucky St. Outfall:
• Incident occurred on 12-19-12.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an untreated wastewater spill
to surface waters on 12-20-12.
• The SSO was knocked down by water jetting on 12-19-12 and the line was found to have non -
biodegradable towels and rags.
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned and
washed on 12-19-12.
• These same lines were videoed on 12-20-12 after the initial cleaning and were found to require more
cleaning. The lines were then cleaned and videoed again with no other issues found.
• The area outside of the manhole where the SSO took place was cleaned up and washed down and
treated with lime.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after flushing.
• These lines serve a residential neighborhood.
In General:
• Educational material on the effects of fats, oils and grease and debris to our sewer systems are in our
annual report that is distributed to residences every year.
• Right now the FOG ordinance we use is per the WSACC standards.
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

ti
If there is any more information needed regarding this spill, please contact me.
Thank you very much,
4 5-
avid R. rgo
Water Resources Manager
City of Kannapolis, NC
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

I
F i L E
Affift=i.�744. �911
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
January 20, 2012
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation
Tracking No. NOV-2012-DV-0025
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for December 2011. This review has shown Kannapolis to be
in violation of the requirements found in Collection System Permit WQCS00327 and/or G.S.
143-215.1(a)(1). The violations that occurred during December 2011 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.
1617 Mail Service Center, Raleigh, Notch Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterauality.ora
Nne
orthCarolina
An Equal Opportunity 1 Affirmative Action Employer

Mr. Wilmer Melton III
NOV-2012-DV-0025
Page 2
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.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 20 days from receiving this Notice of
Violation letter to provide any additional justification for the identified 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: David Fargo- Water Resources Manager
PERCS Files

Permit # Location
WQCS00327 912 McKnight St.
WQCS00327 912 McKnight St
WQCS00327 1023 Kansas St outfall
Attachment A
City of Kannapolis Collection System
December 2011
5 DU Vol.
Incident #
Start Date
24 Hour
Reaching NOV Case
Gallons
Surface
Water
201102470
12/01/11
50
50
201102491
12/05/11
100
100
201102520
12/10/11
600
600 NOV-2012-DV-0025
Cause:
Cause:
Violation Action
Debris in
Cause: Roots
Grease
line
No Action, BPJ
Yes
No
No
No Action, BPJ
Yes
Yes
No
Proceed to NOV
Yes
Yes
Yes

„ KANNAPOLIS
P U B L I C W O R K 5
January 26, 2012
Mr. Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Subject: Notice of Violation, Tracking No. NOV-2012-DV-0025
Collection System Permit No. WQCS00327
Dear Mr. Krebs:
RECEIVED
DIVISION 07 %A.' aT=R QUALITY,,
JAN 2 7 2012
MOORCESVILLE 3;cGiONAL OF71C11'
This letter is a follow up to our five-day SSO reports of the above referenced NOV.
1023 Kansas Street Outfall:
• Incident occurred on 12-10-11.
• The SSO was knocked down using our mini-jetter on 12-10-11.
• A fire hydrant was opened up to flush out the creek.
• Water samples were collected up and down stream of SSO.
• Solid debris was cleaned up and effected area treated with lime.
• Water
• The sewer lines leading into and out of the manhole where the SSO took place were cleaned and
washed on 12-12-11.
• These same lines were videoed on 12-12-11 with evidence of roots found.
• The sewer lines were then cleaned utilizing a root cutter and revideoed to confirm lines were void
of roots on 12-12-11.
In General:
• Educational material on the effects of fats, oils and grease to our sewer systems are in our annual
report that is distributed to residences every year.
• Right now the FOG ordinance we use is per the WSACC standards.
If there is any more information needed regarding this spill, please contact me.
Thank you very much,
David R. Fargo
Water Resources Manager
City of Kannapolis, NC
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

Mr. Wilmer Melton III
NOV-2011-DV-0290.
Page'2 --
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.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 20 days from receiving this Notice of
Violation letter to provide any additional justification for the identified 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
Attachments Mooresville Regional Office
Cc: David Fargo- Water Resources Manager
PERCS Files

Attachment A
City of Kannapolis Collection System
November 2011
5 Day Vol.
Permit # Location Incident # Start Date 24 Hour Reaching
Gallons Surface
Water
Cause:
Cause: Pump
Cause:
NOV Case Violation Action Debris Grease Station
in line Equipment
Failure
WQCS00327 Hwy 136 lift station 201102403 11/22/11 625 375 NOV-2011-DV-0290 Proceed to NOV No No Yes
WQCS00327 Tenn St at Kentucky outfall line 201102433 11/28/11 600 20 No Action, BPJ Yes Yes No

nR KANNAP O L I S
P U B L I C W O R K S
December 22, 2011
Mr. Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Subject: Notice of Violation, Tracking No. NOV-2011-DV-0290
Collection System Permit No. WQCS00327
Dear Mr. Krebs:
Rr--cEI`s`E�
QUAI
DEC 2 g Z011
'."VPi:t-
�,400rr_,Vii_L.E GIC) AL OFFICE
This letter is a follow up to our five-day SSO reports of the above referenced NOV.
Huey. 136 Lift Station
• Incident occurred on 11-22-11
• Overflow caused by a short in the control wires entering into pump # 1. The short caused pump # I
starter and breaker to trip while also taking out power to the bubbler controller. The high water
float system did not call out for an alarm because it had been hooked up to the telemetry system
wrong.
• Pump # 1 was replaced and sent out for repairs. The high water float was connected to the proper
terminals and checked for proper operation and call outs. Bubbler control power was changed to a
new separate breaker instead of pulling power from a pump -breaker. The secondary air pump was
installed, replaced some tubing and tested for proper operation. All bubbler setting were reset and
tested for proper operation. New pump starters have been installed.
• The area around the lift station where the SSO took place was cleaned up and treated with lime.
• A nearby fire hydrant was opened up to flush effluent out of the creek.
• Water samples were taken to confirm no a-coli or coliform bacteria remained.
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

Work performed at Hwy. 136 Lift Station from previous SSO's:
• Moved the air pump switch to correct position, purged air system and reset bubbler controls. A
high water float was installed and hooked up to the telemetric system.
• Transfer switch contacts were cleaned and transfer system checked out good for proper operation.
Backup battery for the telemetric system was changed to new battery.
In General:
Educational material on the effects of fats, oils and grease to our sewer systems are in our annual
report that is distributed to residences every year.
Right now the FOG ordinance we use is per the WSACC standards. We are in the process of
putting together our own FOG program and ordinance, but have not implemented as yet.
If there is any more information needed regarding this spill, please contact me.
Thank you very much,
AavidR. Fargo
Water Resources Manager
City of Kannapolis, NC
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

X
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MD.Mab.9% �h
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 20, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# 7008 1140 0002 2716 2210
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2010-DV-0219
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
E
Dee Freeman
Secretary
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for April 2010. This review has shown Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during April 2010 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
One
NorthCcuolina
_naturally

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Mr. Wilmer Melton III
NOV-2010-DV-0219
Page 2
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
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have 20 days from receiving this Notice of
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Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
O
OR WILMER MELTON III, DIRECTOR OF
PUBLIC WORKS
CITY OF KANNAPOLIS
----------------
o PO BOX 1199
KANNAPOLIS NC 28081
swp/ls 5/20/10
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Attachment A
City of Kannapolis Collection System
April 2010
Permit # Location Incident # Start Date 24 Hour Gallons 5 Day Vol. Reaching NOV Case
Surface Water
WQCS00327 1412 Branch Dr 201001404 04/08/10 3760 3760 NOV-2010-DV-0219
Violation Action Cause: Pipe Failure (Break)
Proceed to Yes
Enforcement

KANNAP OL I S
PUBLIC WORKS
June 2, 2010
Marcia Allocco, Acting Surface Water Protection Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation
Case No. Nov-2010-DV-0219
Request for Remission
Dear Marcia Allocco:
The City of Kannapolis respectfully requests a remission of the assessed penalty for the following
reasons:
(b) "The violator promptly abated continuing environmental damage resulting from the violation."
The City of Kannapolis takes all sanitary sewer overflows seriously and it is our goal to respond
to a notification within one hour and knock down any overflow in a timely manner. The City has
an On -Call system with personnel available 24-hours per day, 7-days a week for emergency
issues such as a sanitary sewer overflows.
We received a call from a contractor performing work for the City of Kannapolis that there was
the possibility that sewer was flowing into three mile branch near their worksite. The first
responder arrived at the site at 1:41 pm on April 8, 2010 and notified his supervisor. A crew was
dispatched to replace a 22 foot section of pipe that had collapsed from the creek bank caving off.
We immediately plugged the upstream manhole and starting pumping the sanitary sewer with our
Jet-Vactor. The repair was completed at 3:15 pm on April 8, 2010.Our outfalls are checked at
least twice annually. The last check didn't indicate any potential problems. The washout appeared
to be from the substantially wet and cold weather causing soils to be more unstable than normal.
Proper notifications were called in to DWQ, the site was restored, the creek was flushed with
fresh water and test samples were taken upstream and downstream from the overflow. There was
a Public Notification sent out to our local media. Following the immediate corrective actions, the
remainder of the line was checked and bank repairs were made to prevent the possibility of any
additional washouts.
The City of Kannapolis is committed to providing maintenance of its sewer lines. Our goal is to
clean 20% of our system annually while the State mandates only 10%. During the 2008-09 Fiscal

Year we achieved 18%. We also make a point of cleaning our outfall lines twice a year and
making any repairs as needed to prevent these types of events from occurring.
The City of Kannapolis is also committed to informing the public on what they can do to help
prevent sanitary sewer problems and feel we do an excellent job in reaching the community to
educate them on how they might assist us in preventing problems within the collection system.
Our Wastewater Annual Report contains information on how to properly dispose of grease and
we have conducted various presentations to groups regarding ways they can reduce grease and
other materials from entering the collection system.
Sincerel ,
Jeff Slou
g
Water Res u es Manager

jaX LT_K�vj
CDN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 19, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# 7008 1140 0002 2716 1886
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2010-DV-0081
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
Dee Freeman
Secretary
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for January 2010. This review has shown Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during January 2010 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An*Equal Opportunity \ Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
Nne
orthCca ohna

Mr. Wilmer Melton III
NOV-2010-DV-0081
Page 2
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.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 15 days from receiving this Notice of
Violation letter to provide any additional justification for the identified SSOs as to why
these spills do not meet the criteria listed in this letter for civil penalty assessment.
ig this policy please do not hesitate to contact Mr. Lon
✓cn bae io X
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Sincerely,
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Surface Water Protection Section Supervisor
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Division of Water Quality
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E3 Restricted Delivery Fee �D J L
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• MR WILMER MELTON 1II, DIRECTOR OF
PUBLIC WORKS
r s CITY OF KANNAPOLIS -------------
o 's PO BOX 1199
o---------------
KANNAPOLIS NC 2808
c. swp/ls 2/19/10
W.

Attachment A
City of Kannapolis Collection System
January 2010
5 Day Vol.
Permit #
Location
Incident #
Start Date
24 Hour
Reaching NOV Case
Gallons
Surface
Water
WQCS00327
300 Block West 13th St
201000124
01/11/10
1000
500
1301 Meadow Ave /Outfall
WQCS00327
201000135
01/12/10
1600
1600 NOV-2010-DV-0081
Line
WQCS00327
End of Kentucky Ave
201000148
01/14/10
488
488
WQCS00327
Mallard Point Dr. & Gum
201000367
01/25/10
225000
225000 NOV-2010-DV-0081
Tree Dr.
WQCS00327
199 Hope
201000389
01/25/10
6000
6000
WQCS00327
304 York Avenue
201000390
01/25/10
280
280 NOV-2010-DV-0081
WQCS00327
427 Sycamore
201000391
01/25/10
1
0
Cause:
Cause:
Inflow
Cause:
Severe
Cause:
Violation Action
and
Grease
Natural
Vandalism
Infiltrat
Condition
IOU
No Action, BPJ
No
No
No
Yes
Proceed to
Yes
No
No
No
Enforcement
No Action, BPJ
No
No
No
Yes
Proceed to
No
Yes
Yes
No
Enforcement
No Action, BPJ
No
Yes
Yes
No
Proceed to NOV
Yes
No
No
No
No Action, BPJ
No
Yes
Yes
No

0
I_�ANN_APOLIS
WORKSS4.,)PUB LIC
February 5, 2010
Mr. Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation
Case No. Nov-2010-DV-0081
Request for Remission
Dear Mr. Krebs:
The City of Kannapolis respectfully requests a remission of the assessed penalty for the following
reasons:
(b) "The violator promptly abated continuing environmental damage resulting from the violation."
The City of Kannapolis takes all sanitary sewer overflows seriously and it is our goal to respond
to a notification within one hour and knock down any overflow in a timely manner. The City has
an On -Call system with personnel available 24-hours per day, 7-days a week for emergency
issues such as a sanitary sewer overflows.
We received a call from the resident at 1301 Meadow Avenue on January 12, 2010 at 11:30 am
about a sewer manhole overflowing. The first responder arrived at the site at 11:40 am and
notified his supervisor. A crew was dispatched and knocked the overflow down at 12:10 pm.
The proper notifications were called in to DWQ, the site was restored, the creek was flushed with
fresh water and test samples were taken upstream and downstream from the overflow. Following
the immediate corrective actions, the line was cleaned on January 12, 2010 and videoed on
January 13, 2010 to ensure no further blockages existed that may result in a sanitary sewer
overflow.
Regarding the January 25, 2010 sanitary sewer overflow at Mallard Point & Gum Tree Drive, we
were notified by our On -Call dispatch at 2:00 am and the On -Call crew arrived on -site at 2:30 am
{c and promptly notified their supervisor of the problem. Due to the heavy rain event, we had
approximately 22,500 additional gallons with the spill. The proper notifications were called in to
a ` by v, DWQ, the site was restored, the creek was flushed with fresh water and test samples were taken
l * upstream and downstream from the overflow. Following the immediate corrective actions, the
oline was cleaned on January 26, 2010. The line was also videoed on January 25, 2010 and found
2yy j we needed to do additional cleaning which was completed on January 25, 2010 to ensure no
further blockages existed that may result in a sanitary sewer overflow.

4 4
wi
1 -
.LA
NCDENR
North Carolina Department of Environment and -Natural Resources
Beverly Eaves Perdue
Governor
WILMER MELTON, III
CITY OF KANNAPOLIS
PO BOX 1199
KANNAPOLIS NC 280811199
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
RECEIVED
December 29, 2010 DIVISION OF WATER QUALITY
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Kannapolis Collection System
Permit Number: WQCS00327
Case Number: DV-2010-0035
Cabarrus County
Dear Mr. Melton:
JAN 0 3 2011
SWP SECTION
MOORESVILLE REGIONAL OFFICE
This letter is to acknowledge receipt of check number 111713 in the amount of $1,771.88 received from you
dated December 15, 2010. This payment satisfies in full the above civil assessment levied against the subject
facility, and this case has been closed. Payment of this penalty in no way precludes future action by this
Division for additional violations of the applicable Statutes, Regulations, or Permits.
If you have any questions, please call Daryl Merritt at 919-807-6307.
cc: Central Files
DWQ--Mooresville Regional Office Supervisor
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1�7One 1
Phone: [phone] \ FAX: [phone] \ Customer Service: 1-877-623-6748 1 v drtth Car01.111a
Internet: www.ncwaterquality.org � �9��p'����
An Equal Opportunity \ Affirmative Action Employer (/! �/ by

6-
i'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 29, 2010
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Wilmer Melton, III, DIR PUBLIC WORKS
City of Kannapolis
PO Box 1199
Kannapolis, NC 280811199
Dee Freeman
Secretary
RECEIVED
DIVISION OF WATER QUALITY
DEC 0 2 2010
SWF SECTION
MOORESVILLE REGIONAL OFFICE
Subject: Request for Remission of Civil Penalty
City of Kannapolis
Case Number: DV-2010-0035
Permit Number: WQCS00327
Cabarrus County
Dear Wilmer Melton:
In accordance with North Carolina General Statute 143-215.6A(f), the Director of the North Carolina Division
of Water Quality considered the information you submitted in support of your request for remission and
remitted $420.00 of the $2,191.88 civil penalty assessment. The revised civil penalty is therefore a total amount
of $1771.88, which includes $91.88 in investigative costs. A copy of the Director's decision is attached.
Two options are available to you at this stage of the remission process:
1) You may pay the penalty.
If you decide to pay the penalty please make your check payable to the Department of Environment and
Natural Resources (DENR). Send the payment within thirty (30) calendar days of your receipt of this letter
to the attention of:
Pretreatment, Emergency Response, Collection Systems Unit
Division of Water Quality
161.7 Mail Service Center
Raleigh, NC 27699-1617
W
City of Kannapolis
Case No. DV-2010-0035

' Cabarrus
Page 2 of 2
2) You may decide to have the Environmental Management Commission's (EMC) Committee on
Civil Penalty Remissions make the final decision on your remission request.
If payment is not received within 30 calendar days from your receipt of this letter, your request for
remission with supporting documents and the recommendation of the Director of the North Carolina
Division of Water Quality will be delivered to the Committee on Civil Penalty Remissions for final agency
decision.
If you or your representative would like to speak before the Committee, you must complete and returnthe
attached Request for Oral Presentation Form within thirty (30) calendar days of receipt of this letter. Send
the completed form to:
Pretreatment, Emergency Response, Collection Systems Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
The EMC Chairman will review the supporting documents and your request for an oral presentatioxi (if you
make the request). If the Chairman determines that there is a compelling reason to require a presentation,
you will be notified of when and where you should appear. If a presentation is not required, the final
decision will be based upon the written record.
Please be advised that the EMC's Committee on Civil Penalty Remissions will make its remission
decision based on the original assessment amount. 'Therefore, the EMC may choose to uphold the
original penalty amount and offer no remissions, they may agree with the DWQ Director's remission
recommendation detailed above, or the penalty amount may be further remitted.
Thank you for your cooperation in this matter. If you.have any questions, please contact Daryl Merritt at
[phone].
Sincerely,
Daryl Merritt
Attachments
cc:IlVloorsvriFl, iegioa�WP Section Supervisor
Central Files
PERCS Enforcement Files

STATE OF NORTH CAROLINA
COUNTY OF Cabarrus
ENVIRONMENTAL MANAGEMENT COMMISSION
DWQCaseNumber DV-2010-0035
PRESENTATION
IN THE MATTER OF ASSESSMENT )
REQUEST FOR ORAL
OF CIVIL PENALTIES AGAINST: )
City of Kannapolis ) Management Commission's Committee On civil
st statements:
to make an oral presentation before the Environmental request,
b
uest, I assert that I understand all of the following
I hereby request be either granted or
Remissions in the matter of the case noted above. In making this
Management Commission and may
This request will be reviewed by the Chairman of the Env
denied.
representative during a Committee meeting held in Raleigh,
Q a resentation will require the presence of myself and/or my P
North Carolina.
. making p . __,-.—;cc;nn request, and because
u io dispute my presentation will be limited to five (5) minutes in length.
resentation will be limited to discussion
of issues and information su mt e tative capacity at
M no factual issues are
appearance in a represen
Proceedings before the Committee on
the light of the State Bar's
la ers who are active members ° se tothe Comm tte in lig you or your
Carol' State Bar's Authorized Practicoe of Law Committee has ruled thata e ap If
The North Car as or proceedings is limited t You intend to present your c
quasi-judicial hearinb p for you or a business or governmental entity• y
uasi judicial. You should consider how y �0 days
of receipt of
Remissions are quasi-judicial.
will be speaking in a representative capacity y
opinion and whether any
he Committee, you must complete and return this form within thirty (� y
representative would like to speak before t opinion affects how you may
this letter. pmunicipality,the State Bar's ni
Depending on your status as an individual,
corporation, partnership or opinion 2006-1 and 2007 Formal
al presentation. See www.ncbar.com/ethics, Authorized Practice Advisory p Committee,
proceed with your or p
Ethics Opinion 3 • to make an oral presentation before the Comm ,
anted an opportunity another individual speak
however, if you intend on having resent at the
If you are an individual or business owner and are a ineer or consultant, then you must also be p
You do not need legal representation before the as an exert, eng
then y regarding the factual situations, such as an expert,
on your behalf void violating the State Bar's Opinion on the unauthorized practice of law.
meeting in order to a opportunity to make an oral presentation before the
inion and could be considered practicing law
If you are a co oration armership or munici alit and are granted an opp non -lawyers is permissible.
ent State
Com
mittee, ee, then your representative must consider the rPiesentation of facets by e uest form
without a license if he or she is not a licensed attorne natures on the previously submitted Rem or c rporations,
lease make sure that sig our own signature and 2) practice of
If you choose to request an oral presentation, P for individuals and business owners, y opinion
on the unauthorized
and this Oral Presentation Request form are: 1)
signed by individuals who would not violate the State Bar's p
partnerships and municipalities,
choose not to proceed with hearing your
ay
law.
Also, be advised that the Committee on Civil Penathat a violation of the State Bar occurs.
lty Remissions m
case if the Committee is informed 20--
day of
This the
SIGNATURE
TITLE (President, Owner, etc.)
ADDRESS
TELEPHONE

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdt.ie Coleen H. Sullins
Governor Director
April 7, 201 t
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70071140 0002 2716 2029
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute.(G.S.)
143-215.1(a)(1) and Collection System Permit No.
WQCS00327
City of Kannapolis Collection System
Cabarrus County
Case No. DV-2010-0035
Dear Mr. Melton:
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $2,191.88 ($2,100.00 civil penalty + $91.88 enforcement costs) against the City of
Kannapolis.
This assessment is based upon the following facts: A review has been conducted of the
Collection System Sanitary Sewer Overflow Report(s) (CS-SSO) for January 2010. This review
has shown the subject collection system to be in violation of the requirements found in
Collection System Permit No. WQCS00327. The violation(s) that occurred are summarized in
Attachment A to this letter.
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: www.ncwaterquality.org y��//*llyi
An Equal Opportunity \Affirmative Action Employer- 50% Recycled/10% Post Consumer paper �/ V a1atu6

Based upon the above facts, I conclude as a matter of law that the City of Kannapolis
violated the terms, conditions, or requirements of Collection System Permit No. WQCS00327
and North Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and extent shown in
Attachment A. A civil penalty may be assessed against any person who violates the terms,
conditions, or requirements of a permit in accordance with the maximums established by G.S.
143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, I, Robert B. Krebs, Division of Water Quality
Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the
following civil penalty assessment against the City of Kannapolis:
$ 0.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A
NCAC 2T .0403, by discharging waste into the waters of the
State without a permit for DWQ Incident No.201000390.
$ 100.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A
NCAC 2T .0403, by discharging waste into the waters of the
State without a permit for DWQ Incident No.201000135 which
occurred on January 12, 2010.
$ 2,000.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A
NCAC 2T .0403, by discharging waste into the waters of the
State without a permit for DWQ Incident No.201000367 which
occurred on January 25, 2010.
$ 2,100.00
$ 91.88
$ 2,191.88
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;

(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) . Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
CAA
2. Submit a written request for remission including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the
penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a
stipulation that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted,
and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors
shall be considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 14313-
282.1(b) were wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage
resulting from the violation;

(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous
violations; or
(5) whether payment of the civil penalty will prevent payment for the
remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review your evidence and inform you of his decision in the matter of your
remission request. The response will provide details regarding case status,
directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the
Director. Therefore, it is very important that you prepare a complete and thorough
statement in support of your request for remission.
In order to request remission, you must complete and submit the enclosed
"Request for Remission of Civil Penalties, Waiver of Right to an Administrative
Hearing, and Stipulation of Facts" form within thirty (3 0) days of receipt of this
notice. The Division of Water Quality also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be
submitted to the following address:
Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
3. File a petition for an administrative hearing with the Office of Administrative
Hearings:
If you wish to contest any statement in the attached assessment document you
must file a petition for an administrative hearing. You may obtain the petition
form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this

notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the
hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition
may be filed by facsimile (fak) or electronic mail by an attached file (with
restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing
fee is required by NCGS § 150B-23.2) is received in the Office of Administrative
Hearings within seven (7) business days following the faxed or electronic
transmission. You should contact the Office of Administrative Hearings with all
questions regarding the filing fee and/or the details of the filing process. The
mailing address and telephone and fax numbers for the Office of Administrative
Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DENR as follows:
Mary Penny Thompson, General Counsel
DENR
1601 Mail Service Center
Raleigh, NC 27699-1601
Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action.

Please be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment. If you have any questions, please contact Lon Snider at [phone].
/ �v
(Date)
ATTACHMENTS
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
PERCS Unit Enforcement File w/ attachments
Central Files w/ attachments
rb/ls

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF KANNAPOLIS
PERMIT NO. WQCS00327
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2010-0035
Having been assessed civil penalties totaling $2,191.88 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated April 7, 2010, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support
of a remission request will be allowed after 30 days from the receipt of the notice of assessment.
This the
day of
ADDRESS
TELEPHONE
BY
2009

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0035
Assessed Party: City of Kannapolis
County: Cabarrus
Permit Number: WQCS00327
Amount Assessed: $2,191.88
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver ofRight to an Administrative Hearing and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N C G S 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences),
(c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil -penalties for any previous violations;
_ (e) payment of the civil penalty will -prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the
activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

Attachment A
City of Kannapolis Collection System
January 2010
5 Day Vol.
Permit # Location Incident # Start Date 24 Hour Reaching NOV Case
Gallons Surface
Water
Cause:
Inflow Cause:
Cause: Severe Cause:
Violation Action and
Grease Natural Vandalism
Infiltrat
Condition
ion
WQCS00327 1301 Meadow Ave /Outfall 201000135 01/12/10 1600 1600 DV-2010-0035 Proceed to Yes No No No
Line Enforcement
Mallard Point Dr. & Gum Proceed to .
WQCS00327 201000367 01/25/10 225000 225000 DV-2010-0035 No Yes Yes No
Tree Dr. Enforcement
7008 1140 0002 2716 2029
1.CE f POsiage'ZA r-ccc
..-. -w., .... .rrM.wnrnnnrarU•'''
int your name, address, and ZIP+4 in this box
- t
E WATER PROTECTION
ST CENTER AVE c�.a
01 i
SVILLE NC 28115

(2010
NCDENR - Division of Water. Quality
Surface Water Protection Section
// Sanitary Sewer Overflow Penalty Matrix
Violator: i c�� nJNA 0 .0 Assessor:
NOV #: ZD i o (no le C Date: 3/� ZZ01 °
Enforcement Case #: y�-20k(::)
SSO Date:
O L / IZ.�
I�LS' ILolb
Incident #:
ZGbou�3S�
Zo►v�3�
ASSESSMENT FACTORS G.S.143B-282.1(b)
ci7
1. Harm:
2. Duration and Gravity of the Violation
3. , Effect on water Quantity or Quality:
1600 S�
4V a >°•skL- kiu-
4. Cost of Rectifying Damage:
5. Amount saved by Noncompliance:
6. Violation was committed willfully or
Z
�_
intentionally:
7. Prior record of failing to comply with
Sanitary Sewer Overflows:
1�--Z--
8. Enforcement Costs:
l• 8$
PENALTY AMOUNT:
�l 1 u o
2, ovo
Comments: ASrb,P, /,Lto C' f .4A , ic•r o%lam .yo s�o�1J ��/���/
SSO Penalty Matrix 131.08 /

1
„IT KA -NAP OLI S
"N P U B L r C W O' R KS
MAY — 7 201b
May 4, 2010
./Mr. Robert B. Krebs, Regional Supervisor Mr. D4U. Merritt
Surface Water Protection Section PERCS Unit
610 E. Center Avenue, Suite 301 Division of Water Quality
Mooresville, North Carolina 28115 1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Notice of Violation and Assessment of Civil Penalty
Case No. DV-2010-0035
Request for Remission
Dear Mr. Krebs:
The City of Kannapolis respectfully requests a remission of the assessed penalty for the
following reasons:
(b) "The violator promptly abated continuing environmental damage resulting from the
violation."
The City of Kannapolis takes all sanitary sewer overflows seriously and it is our goal to respond
to a notification within one hour and knock down any overflow in a timely manner. The City has
an On -Call system with personnel available 24-hours per day, 7-days a week for emergency
issues such as sanitary sewer overflows.
We received a call in regards to sewer overflowing at the intersection of Mallard Point and Gum
Tree Drive on January 25, 2010 at 2:00 a.m. The first responder immediately contacted his
supervisor notifying him of the situation. Crews were dispatched but unable to correct the
overflow due to an extreme volume of rainfall that had occurred. We had received approximately
4-inches of rainfall within a 5-hour window. The volume of water did not recede enough for us
to investigate and remedy the situation until 11:00 a.m. on January 26, 2010. The proper
notifications were called into DWQ. Following the immediate corrective actions, the lines were
inspected using CCTV and manhole covers were found off in an undeveloped section of the
subdivision causing the heavy infiltration. The attachment marked "Exhibit A" shows a color
enhanced image of total rainfall dated for January 25, 2010 from the National Weather Service
website.
We received a call from the residence at 1301 Meadow Avenue on January 12, 2010 at 11:30
a.m. about a manhole overflowing. The first responder arrived on site at 11:40 a.m, and notified
his supervisor. A crew was dispatched and knocked down the overflow at 12:10 p.m. The proper
notifications were called into DWQ, the site restored, the creek was flushed with fresh water and
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis. com

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2010-0035
Assessed Party: City of Kannapolis
County: Cabarrus
Permit Number: WQCS00327
Amount Assessed: $2,191.88
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver ought to an Administrative Hearin, and Stipulation ofFacts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for .the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282. 1 (b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
X (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences),-
-)((c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (Le., explain how payment of the civil penalty will prevent you from performing the
activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

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® Print your name and address on the reverse
so that we can return the card to'ybu.
® Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
MR. WILMER MELTON III, DIRECTOR OF
PUBLIC WORKS
CITY OF KANNAPOLIS
PO BOX 1199
KANNAPOL[S NC 28081
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7008 1140 0002 2716 1886
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PS Form 3811, February 2004 Domestic Return Receipt
102595-02-M•1540

January 29, 2010
Mr. Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation 2010-DV-0006
Incident #201000022
Dear Mr. Krebs:
The City of Kannapolis takes all Sanitary Sewer Overflows seriously and it is our goal to
respond and knock down any overflow.or backup within an hour of notification. We. have
an On -Call system with personnel available 24 hours per day and 7 days a week for
emergencies issues such as a Sanitary Sewer Overflow.
This particular SSO was called into Emergency Management after hours. It was posted
on BIMS and not followed up on the 5 day reporting. This was a transitional period with
the Water Resources Managers. Mr. Dave Fargo had left the City of Kannapolis to seek
employment with another system. I didn't start work with the City of Kannapolis until
January 5, 2010.
We are committed to eliminating such reoccurrences and have trained additional staff on
the protocol for following up with the 5 day reporting.
This particular incident led to an 800 gallon spill that was knocked down in a 45 minute
response time. The grease was cleaned from the sewer line and video was taken.
We are also committed to inform the public on what they can do to help prevent sewer
problems and feel we do an excellent job in trying to reach the community and educate
them. We send out our Annual Wastewater Report; with the water bills every year and it
contains information on how to properly dispose of grease. We have plans to talk at a
Civic Group Lectures about ways to reduce grease and other materials from entering the
sewer system. We will hold Environmental Education Classes; we have a Citizens In
Action Group and our Team Kannapolis program which educates not only the
community, but also other City Employees will kick off later this year.
Sincerely,
- 24
Jeff Sl gh
City of Kannapolis
Water Resources Manager

DWQ — CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2009-0011 Region: Mooresville County: Cabarrus
Assessed Entity: City of Kannapolis Permit: WQCS00327
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
® (b) Whether the violator promptly abated continuing environmental damage resulting from the.violation; the Town
was delayed due to a homeowner at the 2420 Ashford Drive spill site preventing them from promptly addressing the
spill.
® (c) Whether the violation was inadvertent or a result of an accident; the permittee checked this box but did not
address factors of why the spill were inadvertent or an accident.
® (d) Whether the violator had been assessed civil penalties for any previous violations; City of Kannapolis has not
been assessed any previous penalties.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Regional Recommendation (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission
Mooresville Regional
Office recommends 20%
remission.
Central Office Recommendation (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑
Director's Decision (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑ Amount Remitted $
Date
Coleen H. Sullins, Director

Ls
40 e 7
NCDENK
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
MEMORANDUM
TO: Darryl Merritt
FROM: Lon Snider
THROUGH: Rob Krebs�w '
DATE: August 4, 2009
SUBJECT: Request for Remission of Civil Penalty Assessment
Collection System Permit Number WQCS00327
City of Kannapolis Collection System
Cabarrus County
Case Number DV-2009-0011
Staff with the MRO has reviewed the subject request for remission. Based on our review of
the factors set forth in the town's request for remission, the MRO recommends a twenty percent
reduction in the assessment.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncrvaterquality.org
One
NofthCarolina
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycledi10% Post Consumer paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 15, 2010
CERTIFIED MAID
RETURN RECEIPT REQUESTED
9 7008 1140 0002 2716 7871
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation
Tracking No. NOV-2010-DV-0006
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
Dee Freeman
Secretary
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for December 2009. This review has shown Kannapolis to be
in violation of the requirements found in Collection System Permit WQCS00327 and/or G.S.
143-215.1(a)(1). The violations that occurred during December 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.nGwaterquality.org
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled/10% Post Consumer paper
NorthCarolina
Aml 'all f

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Mr. Wilmer Melton III
NOV-2010-DV-0006
Page 2
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.
The SSO.q noted -in Attnnbment A- tinder V;nlation action as "Proceed to Enforcement " are
ter review of the CS-SSO 5-day report, that
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JAN 20 2N
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Attachment.A
City of Kannapolis Collection System
December 2009
Permit # Location Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Cause: Grease Cause: Roots
WQCS00327 1445 Midlake Road 200902989 12/03/09 500 NOV-2010-DV-0006 Proceed to NOV No Yes
WOCS00327 Kimball St Outfall 201000022 12/31/09 800 NOV-2010-DV-0006 Proceed to NOV Yes No

Beverly Eaves Perdu
Governor
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
e Coleen H. Sullins
Director
November 18, 2009
WILMER MELTON
CITY OF KANNAPOLIS
PO BOX 1199
KANNAPOLIS, NC 28082
SUBJECT: Payment Acknowledgment
Civil Penalty Assessment
Kannapolis Collection System
Permit Number: WQCS00327
Case Number(s): DV-2009-0011
Cabarrus County
Dear Mr. Melton:
Dee Freeman
Secretary
This letter is to acknowledge receipt of check number 105148 in the amount of $1096.35 received from you
dated November 5, 2009; however, I am unable to accept this payment, as it is an incorrect amount. I am
returning check number 105148 to you for disposition and request resubmission of payment in the amount of
$1346.35. I have enclosed a copy of the original letter for your reference.
If you have any questions, please do not hesitate to call me at 919-807-6382.
Sincerely,
Jovonah Weeden
cc: Enforcement File # DV-2009-0011
161 ,_&(f'Morrisvitlile rc►rr l z e Sune
Central Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Acton Employer
NorthCarolina

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
MEMORANDUM
TO: Darryl Merritt
FROM: Lon Snider
THROUGH: Rob Krebs2 l�
DATE: August 4, 2009
SUBJECT: Request for Remission of Civil Penalty Assessment
Collection System Permit Number WQCS00327
City of Kannapolis Collection System
Cabarrus County
Case Number DV-2009-0011
Dee Freeman
Secretary
Staff with the MRO has reviewed the subject request for remission. Based on our review of
the factors set forth in the town's request for remission, the MRO recommends a twenty percent
reduction in the assessment.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncvaterquality.org
An Equal Opportunity's Affirmative Action Employer — 50% Recycicd/10% Post Consumer paper
Nne
orthCarohna
vV%ti` ally

DWQ — CIVIL PENALTY REMISSION FACTORS
Case Number: DV-2009-0011 Region: Mooresville County: Cabarrus
Assessed Entity: City of Kannapolis Permit: WQCS00327
❑ (a) Whether one or more of the civil penalty assessment factors were wrongly applied to the detriment of the
petitioner;
® (b) Whether the violator promptly abated continuing environmental damage resulting from the violation; the Town
was delayed due to a homeowner at the 2420 Ashford Drive spill site preventing them from promptly addressing the
spill.
® (c) Whether the violation was inadvertent or a result of an accident; the permittee checked this box but did not
address factors of why the spill were inadvertent or an accident.
® (d) Whether the violator had been assessed civil penalties for any previous violations; City of Kannapolis has not
been assessed any previous penalties.
❑ (e) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Regional Recommendation (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission
Mooresville Regional
Office recommends 20%
remission.
Central Office Recommendation (Check One)
Request Denied ❑ Full Remission ❑ Partial Remission ❑
Director's Decision (Check One)
Request Denied ❑ Full Remission ❑
Partial Remission ❑
Date Coleen H. Sullins, Director.
Amount Remitted $

e
1�=
RCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 23, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70071490 0004 4510 2589
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Dear Mr. Melton:
Resources
SUBJECT: Notice of Violation and Assessment of Civil
Penalty for Violations of N.C. General Statute (G.S.)
143-215.1(a)(1) and Collection System Permit No.
WQCS00327
City of Kannapolis Collection System
Cabarrus County
Case No. DV-2009-0011
Dee Freeman
Secretary
This letter transmits a Notice of Violation and assessment of civil penalty in the amount
of $1,346.35 ($1,250.00 civil penalty + $96.35 enforcement costs) against the City of
Kannapolis.
This assessment is based upon the following facts: A review has been conducted of the
Collection System Sanitary Sewer Overflow Report(s) (CS-SSO) for April 2009. This review
has shown the subject collection system to be in violation of the requirements found in
Collection System Permit No. WQCS00327. The violation(s) that occurred are summarized in
Attachment A to this letter.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
Nne
oAhCarolina
Natllrall f

Is
Based upon the above facts, I conclude as a matter of law that the City of Kannapolis
violated the terms, conditions, or requirements of Collection System Permit No. WQCS00327
and North Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and extent shown in
Attachment A. A civil penalty may be assessed against any person who violates the terms,
conditions, or requirements of a permit in accordance with the maximums established by G.S.
143-215.6A(a)(2).
Based upon the above findings of fact and conclusions of law, and in accordance with
authority provided by the Secretary of the Department of Environment and Natural Resources
and the Director of the Division of Water Quality, I, Robert B. Krebs, Division of Water Quality
Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the
following civil penalty assessment against the City of Kannapolis:
500.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A
NCAC 2T .0403, by discharging waste into the waters of the
State without a permit for DWQ Incident No.200901013 which
occurred on April 13, 2009.
$ 750.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A
NCAC 2T .0403, by discharging waste into the waters of the
State without a permit for DWQ Incident No.200901090 which
occurred on April 21, 2009.
$ 1,250.00
$ 96.35
$ 1,346.35
TOTAL CIVIL PENALTY
Enforcement costs.
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313-
282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;

(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
moo
2. Submit a written request for remission including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the
penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Because a remission request
forecloses the option of an administrative hearing, such a request must be
accompanied by a waiver of your right to an administrative hearing and a
stipulation that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted,
and submit it to the Division of Water Quality at the address listed below. In
determining whether a remission request will be approved, the following factors
shall be considered:
(1) whether one or more of the civil penalty assessment factors in G.S. 14313-
282.1(b) were wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage
resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous

violations; or
(5) whether payment of the civil penalty will prevent payment for the
remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review your evidence and inform you of his decision in the matter of your
remission request. The response will provide details regarding case status,
directions for payment, and provision for further appeal of the penalty to the
Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the
Director. Therefore, it is very important that you prepare a complete and thorough
statement in support of your request for remission.
In order to request remission,. you must complete and submit the enclosed
"Request for Remission of Civil Penalties, Waiver of Right to an Administrative
Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this
notice. The Division of Water Quality also requests that you complete and submit
the enclosed "Justification for Remission Request." Both forms should be
submitted to the following address:
Daryl Merritt
PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
3. File a petition for an administrative hearing with the Office of
Administrative Hearings:
If you wish to contest any statement in the attached assessment document you
must file a petition for an administrative hearing. You may obtain the petition
form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this
notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of

or
Administrative Hearings accepts filings Monday through Friday between the
hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original
and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed — provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5)
business days following the faxed transmission. The mailing address for the
Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: [phone] Facsimile: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Daryl Merritt, PERCS Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please indicate the case number (as found on page one of this letter) on the
petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter,
as evidenced by an internal date/time received stamp (not a postmark), will result in this matter
being referred to the Attorney General's Office for collection of the penalty through a civil
action. Please be advised that additional penalties may be assessed for violations that occur after
the review period of this assessment.

Please be advised that any continuing violation(s) may be the subject of a new
enforcement action, including an additional penalty. If you have any questions about this civil
penalty assessment, please contact Lon Snider of the Mooresville Regional Office at (704) 663-
1699.
(Date)
ATTACHMENTS
Robert B. Krebs
Regional Supervisor
Surface Water Protection
Mooresville Regional Office
Division of Water Quality
cc: Water Quality Regional Supervisor w/ attachments
PERCS Unit Enforcement File w/ attachments
Central Files w/ attachments
rb/ls

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTY AGAINST ) ADMINISTRATIVE HEARING AND
CITY OF KANNAPOLIS ) STIPULATION OF FACTS
PERMIT NO. WQCS00327 )
FILE NO. DV-2009-0011
Having been assessed civil penalties totaling $1,346.35 for violation(s) as set forth in the
assessment document of the Division of Water Quality.dated June 23, 2009, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support
of a remission request will be allowed after 30 days from the receipt of the notice of assessment.
This the day of , 2009
BY
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2009-0011
Assessed Party: City of Kannapolis
County: Cabarrus
Permit Number: WQCS00327
Amount Assessed: $1,346.35
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver ofRght to an Administrative Hearing, and Stipulation of Facts"
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
_ (a) one or more of the civil -penalty assessment factors inN C.G.S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);'
(c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the
activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

Permit #
WQCS00327
WQCS00327
Attachment A
City of Kannapolis Collection System
April 2009
Location Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Causes
702 Smith St 200901013 04/13/09 6000 NOV-2009-DV-0158 Proceed to NOV Debris in line,
Grease,
2420 Ashford Dr 200901090 04/21/09 7500 NOV-2009-DV-0158 Proceed to NOV Grease,
I. 7007 1490 0004 4510 E589
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July 16, 2009
KANNAPOLIS
P U B L I C W O R K S
Mr. Robert 13. Krebs, Regional Supervisor Mr. Daryl Merritt
Surface Water Protection Section PERCS Unit
610 E. Center Avenue, Suite 301 Division of Water Quality
Mooresville, North Carolina 28115 1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Notice of Violation and Assessment of Civil Penalty
Case No. DV-2009-0011
Request for Remission
Dear Mr. Krebs:
The City of Kannapolis respectfully requests a remission of the assessed penalty for the following
reasons:
(b) "The violator promptly abated continuing environmental damage resulting from the violation."
The City of Kannapolis takes all sanitary sewer overflows seriously and it is our goal to respond
to a notification within one hour and knock down any overflow in a timely manner. The City has
an On -Call system with personnel available 24-hours per day, 7-days a week for emergency
issues such as a sanitary sewer overflows.
We received a call from the resident at 702 Smith Street on April 13, 2009 at 1:42 pm about a
sewer manhole overflowing. The first responder arrived at the site at 2:30 pm and notified his
supervisor. A crew was dispatched and knocked the overflow down at 3:30 pm. The proper
notifications were called in to DWQ, the site was restored, the creek was flushed with fresh water
and test samples were taken upstream and downstream from the overflow. Following the
immediate corrective actions, the line was cleaned on April 14, 2009-and videoed on April 17,
2009 to ensure no further blockages existed that may result in a sanitary sewer overflow.
Regarding the April 21, 2009 sanitary sewer overflow at 2420 Ashford Drive, we were notified
by our On -Call dispatch at 8:30 pm and the On -Call crew arrived on -site at 9:00 pm and promptly
notified their supervisor of the problem. While the crew was working on the overflow the
homeowner threatened the crew stating he would get his gun if they touched his fence. They
immediately stopped work and notified the police department. of the threats by the homeowner.
They were able to resume work on the overflow approximately one hour later and completed
knocking the overflow down at 2:00 am. Due to the one hour delay, we had approximately 1,500
additional gallons with the spill. The proper notifications were called in to DWQ, the site was
restored, the creek was flushed with fresh water and test samples were taken upstream and
downstream from the overflow. Following the immediate corrective actions, the line was cleaned

additional cleaning which was completed on April 23, 2009 to ensure no further blockages
existed that may result in a sanitary sewer overflow.
(c) "The violation was inadvertent or a result of an accident."
The City of Kannapolis is committed to providing maintenance of its sewer lines. Our goal is to
clean 20% of our system annually while the State mandates only 10%. During the 2008-09 Fiscal
Year we achieved 18%. We also make a point of cleaning identified "high grease buildup" lines
more frequently. Both of the sanitary sewer overflows occurred in residential areas that typically
don't warrant increased frequency of cleaning that may be. necessary in other commercialized
areas.
The City of Kannapolis is also committed to informing the public on what they can do to help
prevent sanitary sewer problems and feel we do an excellent job in reaching the community to
educate them on how they might assist us in preventing problems within the collection system.
Our Wastewater Annual Report contains information on how to properly dispose of grease and
we have conducted various presentations to groups regarding ways they can reduce grease and
other materials from entering the collection system.
(d) "The violator had not been assessed civil penalties for any previous violations."
The City of Kannapolis has not received any prior violations resulting in civil penalties assessed
against us for violations involving sanitary sewer overflows.
Please find attached the completed "Request for Remission of Civil Penalties, Waiver of Right to an
Administrative Hearing, and Stipulation of Facts" in addition to the "Justification for Remission
Request." Thank you in advance for your consideration of the evidence presented and we look forward to
hearing from you on your decision.
Sin ely�,� y�
Wilmer Melton, III
Director of Public Works
Attachments
Copy: David Fargo, Water Resources Manager
File

STATE OF NORTH CAROLINA
COUNTY OF CABARRUS
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTY AGAINST
CITY OF KANNAPOLIS
PERMIT NO. WQCS00327
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. DV-2009-0011
Having been assessed civil penalties totaling $1,346.35 for violation(s) as set forth in the
assessment document of the Division of Water Quality dated June 23, 2009, the undersigned,
desiring to seek remission of the civil penalties, does hereby waive the right to an administrative
hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in
support of remission of this civil penalty must be submitted to the Director of the Division of
Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support
of a remission request will be allowed after 30 days from the receipt of the notice of assessment.
This the 16 th day of JU 1 y , 2009
BY
ADDRESS
Citv of Kannanolis
Public Works Department
P. 0. Box 1199
Kannapolis, NC 28082-1199
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: DV-2009-0011
Assessed Party: City of Kannapolis
County: Cabarrus
Permit Number: WQCS00327
Amount Assessed: $1,346.35
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of&yht to an Administrative Hearing„ and Stipulation o Facts "
form to request remission of this civil penalty. You should attach any documents that you believe
support your request and are necessary for the Director to consider in evaluating your request for
remission. Please be aware that a request for remission is limited to consideration of the five factors
listed below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or
the accuracy of any of the factual statements contained in the civil penalty assessment document.
Pursuant to N.C:G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or
more of the following five factors applies. Please check each factor that you believe applies to your
case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G. S. 143B-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil
penalty assessment document);
x (b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
x (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation
was unavoidable or something you could not prevent or prepare for);
X (d) the violator had not been assessed civil penalties for any_previous violations;
(e) payment of the civil penally will prevent payment for the remaining necessary
remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the
activities necessary to achieve compliance).
EXPLANATION: (use additional pages as necessary)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# 70071490 0004 4510 1872
`% ��
Mr. Wilmer Melton III, Director of Public Works YlliU s
o� w
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2009-DV-0158
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
Dee Freeman
Secretary
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for April 2009. This review has shown Kannapolis to' be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during April. 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.
Mooresville Regional Office
Location: 610 past Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterqualif .org
An Equal Oppor unity 1 Affirmative .Action Emplover-50% Recycled!10% Post Consumer paper
One
NorthCarolina
Naturally

Mr. Wilmer Melton III ,
NOV-2009-DV-0158 '
Page 2
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.
ThegSQs nbterl-ii AttachmenfA 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 have 15 days from receiving this Notice of
Violation letter to provide any additional justification for the identified SSOs as to why
these spills do not meet the criteria fasted in this letter for civil penalty assessment.
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ce Water Protection Section Supervisor
ion of Water Quality
esville Regional Office
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Tc MR WILMER MELTON, DIRECTOR OF
PUBLIC WORKS
ser, CITY OF KANNAPOLIS
p Sire PO BOX 1199
r`- or KANNAPOLIS NC 28081 -------------
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Attachment A
City of Kannapolis Collection System
April 2009
Permit #
Location
Incident #
Start Date
5 Day Gallons Enforcement Number
Violation Action
WQCS00327
702 Smith St
200901013
04/13/09
6000 NOV-2009-DV-0158
Proceed to NOV
WQCS00327
MidlakeRd Outfall
200901050
04/15/09
50
No Action, BPJ
WQCS00327
2420 Ashford Dr
200901090
04/21/09
7500 NOV-2009-DV-0158
Proceed to NOV
abris in line,
i
rease,
Limp Station
quipment Failure,
I
rease,
I

KANNAP O L I S
P U B. L I C W O R K S
June 4, 2009
Mr. Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Subject: Notice of Violation, Tracking No. NOV-2009-DV-0158
Collection System Permit No. WQCS00327
Dear Mr. Krebs:
J UN — 5 2009
DWQ-jurfc1cc %tojer ped ocn
This letter is a follow up to our five-day SSO reports of the above referenced NOV.
702 Smith St.:
e
• Incident occurred on 4-13-09.
• Pursuant to NC G.S. 143-215.1 C, the City of Kannapolis gave notice of an
untreated wastewater spill to surface waters.
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed on 4-14-09.
• These same lines were videoed on 4-17-09 after the initial cleaning and were
found to require more cleaning. The lines were recleaned and videoed with no
other issues found.
• The area outside of the manhole where the SSO took place was cleaned up and
washed down.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after
flushing.
• These lines serve a residential neighborhood.
2420 Ashford Dr.:
• Incident occurred on 4-21-09.
• Pursuant to NC G.S. 143-215.1C, the City of Kannapolis gave notice of an
untreated wastewater spill to surface waters.
• Trees along sewer right of way and a fence built across the right of way by a
resident hampered our efforts to access the necessary manholes to knock down the
overflow. The offending fence was taken down, but only after the police were
called to talk to the irate resident who owned the fence.
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed on 4-22-09.
• These same lines were videoed on 4-22-09 with no visual issues found.
• The area outside of the manhole where the SSO took place was cleaned up and
washed down.
• A nearby fire hydrant was opened up to flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after
flushing..
• These lines serve a residential neighborhood.
In General:
• Educational material on the effects of fats, oils and grease to our sewer systems
are in our annual report that is distributed to residences every year.
• Right now the FOG ordinance we use is per the WSACC standards.
If there is any more information needed regarding this spill, please contact me.
Thank you ve much,
AavidR. Fargo
Water Resources Manager
City of Kannapolis, NC

F
North Carolina
Beverly Eaves Perdue
Governor
WDEN
Department of Environment and Natura
Division of Water Quality
Coleen H. Sullins
Director
October 9, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# 7008 1140 0002 2716 7628
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Dear Mr. Melton:
Resources
Subject: Notice of Violation
Tracking No. NOV-2009-DV-0287
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dee Freeman
Secretary
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for September 2009. This review has shown Kannapolis to be
in violation of the requirements found in Collection System Permit WQCS00327 and/or G.S.
143-215.1(a)(1). The violations that occurred during September 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
Nne
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Mr. Wilmer Melton III
NOV-2009-DV-0287
Page 2
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
5.1. Penalties may also be assessed for any damage to the
It from the unpermitted discharge.
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!termined, after review of the CS-SSO 5-day report, that
'. You have 15 days from receiving this Notice of
pnal justification for the identified SSOs as to why
,ted in this letter for civil penalty assessment.
ing this policy please do not hesitate to contact Mr. Lon
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Sincerely,
Certified Feeru
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Retum Receipt Fee ; Oi!lPostmark Here l
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PUBLIC WORKS �f
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--------------
C3 PO BOX 1199
on KANNAPOLIS NC 28081
swp/1s 10/9/09
PS Form :0r August 2006 See Fe=erse for Instructions.
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
nager
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Permit # Location Incident #
Attachment A
City of Kannapolis Collection System
September 2009
Start Date 5 Day Gallons Enforcement Number Violation Action
Cause: Power Failure
WQCS00327 136 Lift Station 200902311 09/25/09 200 NOV-2009-DV-0287 Proceed to NOV Yes

gAo
gh KANNAPOLIS
P U B L I C W O R K S
October 22, 2009
Mr. Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301 OCT 2 3 2009
Mooresville, North Carolina 28115
Subject: Notice of Violation 2009-DV-0287
Dear Mr. Krebs:
The City of Kannapolis takes all Sanitary Sewer Overflows seriously and it is our goal to
respond and knock down any overflow or backup within an hour of notification. We have
an On -Call system with personnel available 24 hours per day and 7 days a week for
emergencies issues such as a Sanitary Sewer Overflow.
This particular SSO was caused by the loss of power from the 110v to 24v transformer
that powers the lift station's bubbler controller. Our staff caught the overflow upon
arriving for our normal Monday and Fridays lift station check. They were able to quickly
turn the pumps on by hand to eliminate the overflow. The 110v to 24v transformer was
subsequently changed out and the station returned to normal operations.
We are committed to eliminating such reoccurrences and had already purchased floats for
our five lift stations with bubbler controllers for a secondary backup high water alarm.
We have now changed our routine maintenance checks of our five stations with bubbler
controllers to a daily visit until each station can be fitted with a secondary backup high
water alarm.
We are also committed to inform the public on what they can do to help prevent sewer
problems and feel we do an excellent job in trying to reach the community and educate
them. We send out our Annual Wastewater Report with the water bills every year and it
contains information on how to properly dispose of grease. We have plans to talk at a
Civic Group Lectures about ways to reduce grease and other materials from entering the
sewer system. We will hold Environmental Education Classes; we have a Citizens In
Action Group and our Team Kannapolis program which educates not only the
community, but also other City Employees will kick off later this year.
Sincerely,
PtA,vIX
David R. Fargo
City of Kannapolis
Water Resources Manager
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

0
A14
CN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 16, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
9 7008 1140 0002 2716 7598
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation
Tracking No. NOV-2009-DV-0263
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
Dee Freeman
Secretary
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for August 2009. This review has shown Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during August 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper
One
NorthCarolina

Mr. Wilmer Melton III
NOV-2009-DV-0263
Page 2
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.
The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 15 days from receiving this Notice of
Violation letter to provide any additional justification for the identified SSOs as to why
these spills do not meet the criteria listed in this letter for civil penalty assessment.
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T, MR WILMER MELTON, DIRECTOR-C)V
PUBLIC WORKS
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tti orf KANNAPOLIS NC 28081
swp/ls 9/16/09
licy please do not hesitate to contact Mr. Lon
-rely,
,j
-rt B. Krebs
ace Water Protection Section Supervisor
sion of Water Quality
)resville Regional Office

Attachment A
City of Kannapolis Collection System
August2009
Permit # Location Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Cause: Debris Cause:
in line Grease
WQCS00327 West 8th Street Outfall 200902163 08/31/09 420 NOV-2009-DV-0263 Proceed to NOV Yes Yes

LE
nIT KANNAP O L I S
PUB LIC WORKS
September 25, 2009
Mr. Robert B. Krebs, Regional Supervisor
Surface Water Protection Section
610 E. Center Avenue, Suite 301
Mooresville, North Carolina 28115
Subject: Notice of Violation 2009-DV-0263
Dear Mr. Krebs:
A 3:
SEP 2 8 2009
The City of Kannapolis takes all Sanitary Sewer Overflows seriously and it is our goal to
respond and knock down any overflow or backup within an hour of notification. We.have
an On -Call system with personnel available 24 hours per day and 7 days a week for
emergencies issues such as a Sanitary Sewer Overflow.
This particular SSO was caused by grease and non -biodegradable paper towels. We were
able to respond to the site quickly, but were hampered in our efforts to knock down the
backup due to the manholes being welded shut. A previous SSO at this was caused by
vandalism and the manholes in this area were subsequently welded shut to help prevent
any further vandalism.
We are committed to cleaning and maintenance of our sewer lines. Our goal is to clean
20% of our system annually while the State mandates only 10%. During the 2008-09
fiscal years we achieved 18%. We also make a point of cleaning identified "High Grease
Build up" lines more frequently. The 8th Street Outfall had not previously been a problem
with grease.
We are also committed to inform the public on what they can do to help prevent sewer
problems and feel we do an excellent job in trying to reach the community and educate
them. We send out our Annual Wastewater Report with the water bills every year and it
contains information on how to properly dispose of grease. We have plans to talk at a
Civic Group Lectures about ways to reduce grease and other materials from entering the
sewer system. We will hold Environmental Education Classes; we have a Citizens In
Action Group and our Team Kannapolis program which educates not only the
community, but also other City Employees will kick off later this year.
At the 8th Street Outfall SSO:
• We received notification from a resident on 8-31-09 at 3:55 pm.
• First responder arrived on 8-31-09 at 4:15 pm.
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

• The overflow was knocked down and lines cleaned on 8-31-09 at 6:35 pm.
• Creek flushing operation started on 9-1-09 at 8:00 am.
• Verbal notification to DWQ per NC G.S. 143-215.1C on 9-1-09 at 10:30 am.
• Water samples taken from the creek on 9-2-09 at 3:00 pm
• Debris was raked up and the area around the manhole cleaned on 9-2-09.
• Water sample analysis completed on 9-3-09 at 5:00 pm.
• Sewer lines videoed on 9-3-09.
• Additional downstream cleaning performed on 9-3-09.
• Sewer line video completed after additional cleaning on 9-3-09.
• Creek flushing operation completed on 9-4-09 at 3:00 pm.
• Second set of water samples taken from the creek on 9-11-09 at 10:00 am
• Second set of water sample analysis completed on 9-12-09 at 11:00 am
• 5-day report finalized per NC G.S. 143.215.1C on 9-8-09 at 7:30 am.
Sincerely,
41v�� qL-A�
David R. Fargo
City of Kannapolis
Water Resources Manager

NCDN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 16, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
9 7007 1490 0004 4510 1995
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2009-DV-0183
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for May 2009. This review has shown Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during May 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled/10% Post Consumer paper
One
NorthCarolina
'1v%tttrally

Mr. Wilmer Melton III
NOV-2009-DV-0185
Page 2
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.
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 have 15 days from receiving this Notice of
Violation letter to provide any additional justification for the identified SSOs as to why
these spills do not meet the criteria listed in this letter for civil penalty assessment.
g this policy please do not hesitate to contact Mr. Lon
O t
J U N 18 2009
!1
g• Sincerely,
1
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Robert B. Krebs
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Surface Water Protection Section Supervisor
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-----------
KANTNAPOLIS NC 28081
swp/Is 6/16/09
-----------
I

Attachment A
City of Kannapolis Collection System
May 2009
Permit # Location Incident # Start Date 5 Day Gallons Enforcement Number
WQCS00327 320 E 19th St 200901335 05/20/09 400 NOV-2009-DV-0183
Violation Action Causes
Proceed to NOV Debris in line,

Mar KANNAPOLIS
®�' ® P U B L I C W O R K S
June 18, 2009
Mr. Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
J U N 1 - 2009
Subject: Notice of Violation, Tracking No. NOV-2009-DV-0183
Collection System Permit No. WQCS00327
vetdlo%�fiVll
Dear Mr. Krebs:
This letter is a follow up to our five-day SSO reports of the above referenced NOV.
320 E. 19th St..:
• Incident occurred on 5-20-09.
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed on 5-20-09.
• These same lines were videoed on 5-26-09 and no other issues found.
• The area outside of the manhole where the SSO took place was cleaned up and
washed down.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• Water samples were taken to ensure the creek was clear of any effluent after
flushing..
• These lines serve a residential neighborhood.
In General:
• Educational material on the effects of fats, oils and grease to our sewer systems
are in our annual report that is distributed to residences every year.
• Right now the FOG ordinance we use is per the WSACC standards.
If there is any more information needed regarding this spill, please contact me.
Thank you ver uch,
David R. Fargo
Water Resources Manager
City of Kannapolis, NC
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

tw
i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 16, 2009
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
# 70071490 0004 4510 1995
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: Notice of Violation and
Recommendation for Enforcement
Tracking No. NOV-2009-DV-0183
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for May 2009. This review has shown Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during May 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] l Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — 50% Recyc!ed/10% Post Consumer paper
NorthCarolina
naturally

2009)
Violator: �riy o� P""".r"us
NOV #: Zvyq—!lt--b/S'S
Enforcement Case #:
NGDENR - Division of Water Quality
Surface Water Protection Section
Sanitary Sewer Overflow Penalty Matrix
Assessor:
le k" ys
Date: (t1 Qf/14
SSO Date:
�ll3rdi
ylL'O
/s Dy
Incident #:
?ou4 01 ol'j
o F vs �
Z�`lu� v F 0
ASSESSMENT FACTORS G.S. 143B-282.1(b)
1. Harm:
���
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2. Duration and Gravity of the Violation
,S /trt
3. Effect on Water Quantity or Quality:
4. Cost of Rectifying Damage:
X
5. Amount saved by Noncompliance:
/�-
6. Violation was committed willfully or
intentionally:
7. Prior record of failing to comply with
�n.o
Sanitary Sewer Overflows:
B. Enforcement Costs:
PENALTY AMOUNT:
��
XI/A
vJ
Comments
SSO Penalty Matrix 1 31 08

U
4-t�6,Jos
NCDENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
April 17, 2009
Mr. Wilmer Melton III, Director of Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Dear Mr. Melton:
Resources
Subject: Notice of Violation
Tracking No. NOV-2009-DV-0109
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dee Freeman
Secretary
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for March 2009. This review has shown Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 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
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — 50916 Recycled110% Post Consumer paper
Nne
orthCarolina
;Vatiara`ly

U
Mr. Wilmer Melton III
NOV-2009-DV-0109
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 —David Fargo
PERCS Files

Permit # Location
WQCS00327 1201-A Rainbow Dr
WQCS00327
1118 Thomas
WQCS00327
1004 Callie Street
WQCS00327
1420 South Main
Attachment A
City of Kannapolis Collection System
March 2009
Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Causes
200900650 03/10/09 420 NOV-2009-DV-0109 Proceed to NOV Debris in line,
Roots,
200900673 03/12/09 200 No Action, BPJ Pipe Failure (Break)
200900751 03/17/09 500 NOV-2009-DV-0109 Proceed to NOV Debris in line,
200900813 03/24/09 120
WQCS00327 925 South Main St . 200900814 03/24/09 45
WQCS00327 East 20th St outfall 200900815 03/24/09 50
No Action, BPJ Grease,
Roots,
No Action, BPJ Grease,
No Action, BPJ Grease,
Roots,

nR KANNAPOLIS
PUB LIC W O R K S
May 23, 2008
Mr. Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Subject: Notice of Violation, Tracking No. NOV-2008-DV-0212
Collection System Permit No. WQCS00327
Dear Mr. Krebs:
MAY 2 7 2008
NC DENR MRCS
DV4RWOcce Dater Pratedcn
This letter is a follow up to our five-day SSO reports of the above referenced NOV.
1050 Shadybrook:
• Incident occurred on 4-13-08.
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed the same day of the incident.
• These same lines were videoed on 4-15-08 after the initial cleaning and no other
issues found.
• The area outside of the manhole where the SSO took place was cleaned up and
washed down.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• These lines serve a residential neighborhood.
Outfall past intersection of Oakwood and Forest Glen:
• Incident occurred on 4-25-08.
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed on 1-25-08.
• These same lines were videoed on 1-29-08 and a 6 ft. section of 10"sewer main
was found to have linear cracks with root intrusion.
• On 5-7-08, the 6 ft. section of cracked 10" VCP was replaced with 10" PVC.
• A nearby fire hydrant was opened up to help flush effluent out of the creek.
• These lines serve a residential neighborhood.
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannaoolis.com

r- -4

In General:
• Educational material on the effects of fats, oils and grease to our sewer systems
are in our annual report, that is distributed to residences every year.
• Right now the FOG ordinance we use is per the WSACC standards. We have put
together our own FOG program and ordinance, but have not implemented as yet.
If there is any more information needed regarding this spill, please contact me.
Thank you ve 4uch,
avid R. Fargo
Water Resources Manager
City of Kannapolis, NC

OF vvHlFR
r
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
20 May 2008
CERTIFIED MAIL
RETURN RECIEPT REQUESTED
7007-1490-0004-4505-8411
Mr. Wilmer Melton
Public Works Director
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081-1199
Subject: NOTICE OF VIOLATION/NRE
Tracking No. NOV-2008-DV-0212
Discharge Violations/Sanitary Sewer Overflows
Wastewater Collection System Permit WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
Coleen H. Sullins, Director
Division of Water Quality
The Division of Water Quality (DWQ), Mooresville Regional Office (MRO) has reviewed the 5-day
reports for the City of Kannapolis' self reported Sanitary Sewer Overflows (SSOs) for April 2008. This
review shows Kannapolis to be in violation of the requirements found in Collection System Permit
WQCS00327 and/or North Carolina General Statute (NCGS) 143-215.1(a)(1). All violations are
summarized in Attachment A.
2. Remedial and corrective actions should be taken to prevent further SSOs. As of 1 December 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.
3. Please be advised that NCGS 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
NCGS 143-215.1. Penalties may also be assessed for any damage to the surface waters of the State resulting
from the unpermitted discharge(s). The SSOs noted as "Proceed to NOV" in Attachment A under Violation
Action. are those that we have determined may result in a civil penalty assessment.
4. Please reply to this NOV within 10 days of receiving it. Your response should include any additional
information that you wish to submit for our consideration in determining whether the identified SSOs will
be assessed civil penalties.
North Carolina Division of Water Quality Mooresville Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 610 East Center Avenue, Suite 301 Mooresville, NC 28115 FAX [phone]- One 41� 47AQ
North Carolina
�Nairrrally

City of Kannapolis Wastewater Collection System Fermn wt�wuusL i
NOV-2008-DV-0212 20 May 2008 +�\
5. If you have any questions regarding this policy please do not hesitate to contact Mr. Ron Boone or myself
at 704-663-1699.
CU
Tx
0
�, MAY 22 2008
rN
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(Endorsement Required)
n
I r
MR WILMER MELTON,
PUBL '
WORKS DIRECTORoCITY
rse
OF KANNAPOLIS
C3
r-
PO BOX 1199
_____-----
ciry, ICANNAPOLIS N��jQ 7b 5j2O
Sincerely,
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office

ATTACHMENT A
City of Kannapolis, WQCS00327
April 2008
Incident
Num
Start Date
Location
Total Vol
Vol.
reached
water
Violation Action
NOV Num
200801174
2008-04-14
1050 Shadybrook
150.
143
Proceed to NOV
NOV-2008-DV-0212
200801274.
.2008-04-25,
.....Outfall•past intersection' of Oakwood and Fore§fGlen,.
:'. 400! i
400
Proceed to NOV
NOV-2008-DV-0212
Totals
550
543

March 17, 2008 :=\
Ms. Barbara Sifford,n;
Mr. Robert B. Krebs.
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
KANNAP O L I S
P U B L I C W O R K S
Subject: Notice of Violation, Tracking No. NOV-2008-DV-0105
Collection System Permit No. WQCS00327
Dear Ms. Sifford and Mr. Krebs:
This letter is a follow up to our five-day SSO report of the above referenced NOV.
Hillside St. and Dot Ave. Outfall:
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed the same day of the incident.
• These same lines were videoed on February 22, 2008 after the cleaning with no
issues found.
• The area outside of the manhole where the SSO took place was cleaned up and
lime applied to the area for odor control.
• These lines serve a residential neighborhood.
• Educational material on the effects of fats, oils and grease to our sewer systems
are in our annual report that is distributed to residences every year.
• Right now the FOG ordinance we use is per the WSACC standards. We are
currently looking into putting together our own FOG program and ordinance.
If there is any more information needed regarding this spill, please contact me.
Thank you very milch,
avid R. Fargo
Water Resources Manager
City of Kannapolis, NC
S r ..s�✓p �JS':'Ft F
MAR 2 4 2008
NC DENR MR®
DISC -Surface kAldtor Prcfcction
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

William G. Ross Jr., Secre esb
t r North Carolina Department of Environment and Natural Resou
Coleen H. Sullins, Director
.� Division of Water Quality
March 7, 2008
CERTIFIED MAIL 7006 2760 0001 8497 6032
RETURN RECIET REQUESTED
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
P. O. Box 1199
Kannapolis, NC 28081
Subject: NOTICE OF VIOLATION/NRE
Tracking No. NOV-2008-DV-0105
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for February 2008. This review has shown Kannapolis to be
in violation of the requirements found, in Collection System Permit WQCS00327 and/or G.S.
143-215.1(a)(1). The violations that occurred during February 2008 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.
North Carolina Division of Water Quality
Internet: www.ncwaterqualitv.or;
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
Phone [phone]
Fax [phone]
NorthCarolina
Natcaa!!y
Customer Service
1-877-623-6748

Mr. W illner Melton
NOV-2008-DV-0105
Page 2
The SSOs noted in Attachment A under violation action as "Proceed to NOV" are the
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 have 10 days from receiving this Notice of
Violation letter to provide any additional justification for the identified 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 Ms.
Barbara Sifford or myself at 704-663-1699.
Sincerely,
' &M 6 v r
'= 2008
1 1 MAR _
x + _ Robert B. Krebs
' Surface Water Protection Section Supervisor
N � `'C DENR NiRC'� p
, Division' of Water Quality
�WQt2f Protect! � Mooresville Regional Office
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MR WILMER MELTON, PUBLIC',
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CITY OF KANNAPOLIS
._________
'3
Sheet
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l`-
cliy si KANNAPn,OL�S N� 280L.3
3800, August 2006
-1
See Reverse for Instructions

Permit # Permitee
WQCS00327
Kannapolis
Collection
System
WQCS00327 Kannapolis
Collection
System
Attachment A
City of Kannapolis
February 2008
Location Incident # Start Date
Hillside Street and 200800545 02/21/08
Dot Ave outfall
5650 Hwy 73 200800573 02/25/08
55 Day Enforcement Number Violation
Gallons Date
150 NOV-2008-DV-0105 02/21/08
57
02/25/08
Violation Causes
Action
Proceed to Debris in line,
NOV
Roots,
No Action, Debris in line,
BPJ

February 28, 2008 �'="KANNAPOL IS' PUB LIC WORKS
Ms. Barbara SiffordvH"E' ^?
Mr. Robert B. Krebs P h
Surface Water Protection Section Super -visor °
IVE D
Division of Water Quality
Mooresville Regional Office rr? ^ 9 2rn"q
Subject: Notice of Violation, Tracking No. NOV-2008-DV-0066 ,� ��
Collection System Pen -nit No. WQCS00327 �'.. DEN M"
Dear Ms. Sifford and Mr. Krebs: Protection
This letter is a follow up to our five-day SSO reports of the above referenced NOV.
Mission Trip and South Little Texas:
• Incident occurred on 1-16-08.
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed the same day of the incident.
• These same lines were videoed on 1-30-08 after the initial cleaning and were
found to have minor grease build up. The lines were recleaned and videoed with
no other issues found.
• The area outside of the manhole where the SSO took place was cleaned up and
washed down.
• A nearby fire.hydrant was opened -up to help flush effluent out of the creek.
• These lines serve a residential neighborhood.
1025 Kansas Street:
• Incident occurred on 1-21-08.
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed on 1-23-08.
• These same lines were videoed on 1-23-08 with no visual issues found.
• The sewer line leading out of the SSO manhole was noted as being only a 6" PVC
pipe while the two sewer lines leading into the SSO manhole are 8" PVC.
Although the area served by'these sewer lines are not a high flow area, a build up
of grease seems to occur quite easily when exiting the manhole into the 6" PVC
line. We have purchased the necessary 8'°-PVC pipe and are now awaiting
delivery: of a new manhole to upgrade the approximately 200 ft. of undersized 6"
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

A KANNAP O L I S
In General:
P U B L I C W O R K S
• Educational material on the effects of fats, oils and grease to our sewer systems
are in our annual report that is distributed to residences every year.
• Right now the FOG ordinance we use is per the WSACC standards. We are
currently looking into putting together our own FOG program and ordinance.
If there is any more information needed regarding this spill, please contact me.
Thank you very much,
D �!
d R. Farga
Water Resources Manager
City of Kannapolis, NC
1401 Bethpage Road Post Office Box 1199
Kannapolis, North Carolina 28082-1199
T 704.920.4200 F 704.920.4244
www.cityofkannapolis.com

Michael F. Easley, Governor
William G. Ross Jr., Secretarej'
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
' Division of Water Quality
February 22, 2008
CERTIFIED MAIL 7006 2760 001 8497 5950
RETURN RECIET REQUESTED
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
P. O. Box 1199
Kannapolis, NC 28081
Subject: NOTICE OF VIOLATION/NRE
Tracking No. NOV-2008-DV-0066
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for January 2008. This review has shown Kannapolis to be in
violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-
215.1(a)(1). The violations that occurred during January 2008 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.
NorthCarolina
naturally
North Carolina Division of Water Quality Mooresville Regional Office Phone [phone] Customer Service
Internet: wwxv.ncwaterqualitv.ora 610 East Center Avenue, Suite 301 1-877-623-6748
Mooresville NC 28115 Fax [phone]

mr. w liner Meiton
NOV-2008-DV-0066
Page 2
r
The SSOs noted in Attachment A under violation action as "Proceed to NOV" are the
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 have 10 days from receiving this Notice of
Violation letter to provide any additional justification for the identified 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 Ms.
Barbara Sifford or myself at 704-663-1699.
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rru MR WILMER MELTON, PUBLIC
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C3 Lb;KA
ITY OF KANNAPOLIS
ttiO BOX 1199
AP4LIS NC 2808,
Sincerely,
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
i

Attachment A
Kannapolis Collection System
January 2008
Permit #
Location
Incident #
Start Date
24 Hour
5 Day
Enforcement Violation
Gallons
Violation
Causes
Gallons
Number Date
Action
WQCS00327
Millard Fuller Way
200800164
01/15/08
540
540
01/15/08
No Action,
Vandalism,
BPJ
WQCS00327
200800174
01/16/08
105
105
NOV-2008-DV- 01/16/08
Proceed to
Grease,
Mission Trip and South Little
0066
NOV
Texas Rd
WOCS00327
1025 Kansas Street
200800195
01/21/08
180
180
NOV-2008-DV- 01/21/08
Proceed to
Grease,
0066
NOV
WQCS00327
1935 Circle Drive
200800254
01/27/08
525
525
01/27/08
Vandalism,
No Action,
BPJ

`0 QG William G. Ross Jr., Secret
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 18, 2008
CERTIFIED MAIL 7006 2760 0018497 5684
RETURN RECIET REQUESTED
Mr. Wilmer Melton, Public Works Director
City of Kannapolis
P. O. Box 1199
Kannapolis, NC 28081
Subject: NOTICE OF VIOLATION/NRE
Tracking No. NOV-2008-DV-0035
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for December 2007. This review has shown Kannapolis to be
in violation of the requirements found in Collection System Permit WQCS00327 and/or G.S.
143-215.1(a)(1). The violations that occurred during December 2007 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 health5fish--- -
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.L Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.
North Carolina Division of Water Quality
Internet: wNVNN.nCwatcritualilv.ar"'
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
Phone [phone]
Fax [phone]
NoRhCarofina
Naturally
Customer Service
1-877-623-6748

NOV-2008-DV-0035
Page 2
x
under violation action as "Proceed to NOV" are the
termined, after review of the CS-SSO 5-day report, that
You have 10 days from receiving this Notice of
ow. Q
%no k IV nal justification for the identified SSOs as to why
�1 —
.Rn A _ ied in this letter for civil penalty assessment.
` JAN 2 3 2008 -
-�— = p this policy please do not hesitate to contact Ms.
DENR M� _ 99.
NNE, O
, Rurgo ce toter Pro' etio -
a vLU
=,1 ' z _ Sincerely,
w N -
�a a ¢ -
b � WW z
0 3 wU -
w - ! Robert B. Krebs
W F ., Surface Water Protection Section Supervisor
Pa ��0
`�' a Q Division of Water Quality
CIO
U.S. Postal Service— Mooresville Regional Office
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Postage $
Certified Fee
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Retum Receipt Fee
(Endorsement Required)
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Restricted Delivery Fee
(Endorsement Required)
it\
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MR WIENER MELTON--
WOru ,
- . `.
PUBLIC
RKS DIRECTOR
.n
_
= I
CITY OF KANNAPOLIS
PO BOX 1 199
KANNAPOLIS NC )Qno,
12

Permit # Permitee
Kannapolis
WQCS00327 Collection
System
Kannapolis
WQCS00327 Collection
System
Attachment A
December 2007
Location Incident # Start Date 5 Day Gallons NOV Number Violation Causes 5 Day Est.
Action Fish Kill
1025 Kansas St 200703480 12/10/07 368 NOV-2008-DV- Proceed to Debris in line, 0
0035 NOV
Grease,
205 East C St 200703644 12/31/07 60 No Action, Debris in line, 0
BPJ
iGrease,

02/07/2008 08:11 7049322618 CITVOFKANNAPOLISPUBL PAGE 01
I jk P C) L I S
Public Works Operation Center
Water & Sewer Maintenance Dept. and Street Maintenance Dept.
1401 Bethpage Road
Kannapolls, NO 28081
Tel: [phone]
Fax: [phone]/
Tin Barbara Safford From: Dave Fargo
Farm 7044863-6M pass : 1
Pta-t-e Data: 2-7-2008
Re". NOV-2008-by-U035 CC:
❑ uraeet or Review 0 Please Comment 0 Ple�rse Reply C3 Please Recycle
See attadied letter.
Thank you,
Dave Faro

02/07/2008 08:11. 7049322618
February 7, 2008
Ms. Barbara Sifford
Mr. Robert B. Krebs
Surface Water Protectiou Section Supervisor
Division of Water Quality
Mooresville Regional Office
CITYOFKANNAPOLISPUSL
PAGE 02
KANNA.POLIS
PUB LIC WORKS
Subject: Notice of Violation, 'Tracking No. NOV-2008-ITV-0035
Collection System Permit No. WQCS00327
Dear Ms. Sifford and Mr. Krebs:
This letter is a follow up to our five-day SSO report_ and previous conversations of the
above referenced NOV.
• The sewer lines leading into and out of the manhole where the SSO took place
were cleaned and washed the same day of the incident.
• These same lines were videoed the same day after the cleaning with no issues
found.
+ The area outside of the manhole where the SSO took place was cleaned up and
lime applied to the area for odor control.
• These same lines were cleaned and washed about 18 months ago.
These lines serve a residential neighborhood.
• Educational material on the effects of fats, oils and grease to our sewer systems
are in our annual repmt that is distributed to residences every year.
+ Right now the FOG ordinance we use is per the WSACC standards. We are
currently looking into putting together our own FOG program and ordinance.
• The debris found in the line is believed to be roots that were dislodged while
unplugging the $SO from the grease,
If there is any more information needed regarding this spill, please contact me.
Thank you very much,
d R. Fargo,
Water Resources Manager
City of Kannapolis, NC
1401 Bethpage Road Post Office Box 1199
KAx2napolls, North Carolina 28082-1199
T 704.920.4200 P 704.920,4244
www_citypfkannapolis.com

NOV-2008-DV-0035
Subject: NOV-2008-DV-0035
From: "David Fargo" <[e-mail]>
Date: Tue, 5 Feb 2008 14:58:13 -0500
To: <[e-mail]>
Barbara,
I respectfully request and extension for a reply to the above referenced notice of
violation until Friday February 8, 2008. Thank you very much for your consideration.
David R. Fargo
Manager of Water Resources
City of Kannapolis, NC
704-920-4251
1 of 1 2/5/2008 4:53 PM

Michael F. Easley, Govern r
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 24, 2007
Mr. Wilmer Melton, Director
Public Works
City>of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: NOTICE OF VIOLATION
Tracking #NOV-2007-DV-0184
Collection System Permit
Number WQCS00327
City of Kannapolis
Cabarrus County
Dear Mr. Melton:
Coleen H. Sullins, Director
Division of Water Quality
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer Overflows
(SSOs) 5-Day Report(s). This review has shown Kannapolis to be in violation of the requirements found
in Collection System Permit WQCS00327 and/or G.S. 143-215.1(a)(1). The violation that occurred during
August 2007 is listed in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent further
SSOs. Please note that due to the continued high numbers of SSOs in North Carolina the Division of
Water Quality has implemented a new SSO enforcement policy. Beginning June 1, 2007, until December
1, 2007, any reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil
penalty. Beginning on December 1, 2007, 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.
After December 1, 2007 the SSOs highlighted in Attachment A are those that the regional office
has determined, after review of the CS-SSO 5-day report, that would have resulted in a civil penalty
assessment. You will have 10 days from receiving this letter to provide any additional justification as to
why these spills do not meet the criteria listed in this letter for civil penalty assessment beginning in
January 2008.
If you have any questions regarding this policy please do not hesitate to contact Ms. Barbara
Sifford or myself at 704-663-1699:
Sincerely,
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality, Mooresville Region
Attachments
Cc: ORC System —Wilmer Melton _
PERCS Files / MRO CS Enforcement Files
Noce hCarolina
Naturally
North Carolina Division of Water Quality Mooresville Regional Office Phone [phone]
Internet: ���� �.n_�_:ucrqu_li��. r_ 610 East Center Avenue, Suite 301
Mooresville NC 28115 Fax [phone]
Customer Service
1-877-623-6748

Attachment A
Vol.
Incident Report Total
Num Type Permit Num Start Date location Vol reached NOV Num
yp water
200702477 SSO 5 day WQCS00327 2007-08-06 1117 Kentucky Street 375 375 NOV-2007-DV-0184

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 23, 2007
Mr. Wilmer Melton, Director
Public Works
City of Kannapolis
P.O. Box 1199
Kannapolis, NC 28081
Subject: NOTICE OF VIOLATION
Tracking #NOV-2007-DV-0141
Collection System Permit
Number WQCS00327
City of Kannapolis, Cabarrus County
Dear Mr. Melton:
Coleen H. Sullins, Director
Division of Water Quality
A review has been conducted of the City of Kannapolis's self reported Sanitary Sewer Overflows
(SSOs) 5-Day Report(s). This review has shown Kannapolis to be in violation of the requirements found
in Collection System Permit WQCS00327 and/or G.S. 143-215.1(a)(1). The violations that occurred
during June 1, 2007 to July 31, 2007 are summarized in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent further
SSOs. Please note that due to the continued high numbers of SSOs in North Carolina the Division of
Water Quality has implemented a new SSO enforcement policy. Beginning June 1, 2007, until December
1, 2007, any reportable SSO will be issued a Notice of Violation (NOV) and some may be assessed a civil
penalty. Beginning on December 1, 2007, 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.
After December 1, 2007 the SSOs highlighted in Attachment A are those that the regional office
has determined, after review of the CS-SSO 5-day report, that would have resulted in a civil penalty
assessment. You will have 10 days from receiving this letter to provide any additional justification as to
why these spills do not meet the criteria listed in this letter for civil penalty assessment beginning in
January 2008.
If you have any questions regarding this policy please do not hesitate to contact Ms. Barbara
Sifford or myself at 704-663-1699.
Attachments
Cc: ORC System —Wilmer Melton
PERCS Files /�MRO. CS Enforcement Files
North Carolina Division of Water Quality
Internet: ����lvncn;ucrqu�litvor�
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
Sincerely,
t 7-f�
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality, Mooresville Region
Phone [phone]
Fax [phone]
NNo thCarolina
atirrally
Customer Service
1-877-623-6748

Permit #
WQCS00327
WQCS00327
Permitee
Kannapolis
Collection
System
Kannapolis
Collection
System
Location
Oakw000d Ave
and Stonewick
Drive
Nomans Ave off
Oakwood Ave
Attachment A
Incident # Start Date Type 5 Day Enforcement Violation
Gallons Number Date
Discharge NOV-2007-DV-
200702128 07/02/07 without valid 15774 0141 07/02/07
permit
Discharge
200702220 07/12/07 without valid 750
permit
07/12/07
Violation Causes
Action
Proceed
to NOV Debris in line,
Proceed to Debris in line,
NOV