WQCS00073_NOV and Intent to Assess_20210409

ROY COOPER
Governor
DIONNE DELL[ -GATT[
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7010 1870 0003 4775 0358
Return Receipt Requested
Steven Neuschafer, City Manager
City of Dunn
PO Box 1065
Dunn, NC 28335
NORTH CAROLINA
Environmental Quality
April 09, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0195
Sanitary Sewer Overflows - February 2021
Collection System Permit No. WQCS00073
Dunn Collection System
Harnett County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Dunn. The Division's Fayetteville Regional Office concludes that the City of Dunn violated Permit Condition I
(2) of Permit No. WQCS00073 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 Fayetteville Regional Office is providing the City of Dunn an opportunity to provide evidence and justification
as to why the City of Dunn should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202100491 2/14/2021 9,480 BR- 8
Inflow and
Infiltration, Severe
Natural Condition
1,896,000 1,896,000 Notice of Violation
202100580 2/16/2021 480 Eastside PS
Inflow and
Infiltration, Severe
Natural Condition
72,000 72,000 Notice of Violation
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional ice 1223 Green Street. Suite 7141 Fayetteville. North Carolina 28301
910.4333300

Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202100703 2/19/2021 2,160 Eastside PS
Inflow and
Infiltration, Severe
Natural Condition
324,000 324,000 Notice of Violation
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 Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3300 or via email at [e-mail].
Cc: Fayetteville Regional Office - CT
Sincerely,
1-Doc_uSiggnnedd by: Q
5189C2D3DD5C42B...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Cren Street. Suite Y14 I Fayetteville. North Carolina 28301
910.4333300