WQCS00126_NOV and Intent to Assess_20210809

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 0090 0001 7206 4790
Return Receipt Requested
Matthew Christian, City Manager
City of Hamlet
PO Box 1229
Hamlet, NC 28345
NORTH CAROLINA
Environmental Quality
August 09, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0341
Sanitary Sewer Overflows - June 2021
Collection System Permit No. WQCS00126
Hamlet Collection System
Richmond 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 Hamlet. The Division's Fayetteville Regional Office concludes that the City of Hamlet violated Permit
Condition I (2) of Permit No. WQCS00126 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 Hamlet an opportunity to provide evidence and justification
as to why the City of Hamlet 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
202101404 6/10/2021 690 Bridges St and Main Pipe Failure (Break) 135,000 100,000 Notice of Violation
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Green Street. Suite 714 I Fayetteville, North Carolina 28301
910.433.3300

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
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3. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
FayetteviEle Regional Office 1225 Green Street. Suite 714 I Fayetteville, North Caroiirta 28301
910.433.3300