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HomeMy WebLinkAboutNC0089656_NOV-2021-PC-0424_20210824ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director CERTIFIED MAIL #: 7018 0360 0002 2099 7958 RETURN RECEIPT REQUESTED: Mr. Dragan Nesic DC Charlotte Plaza Lllp 1515 S. Tryon St. Charlotte, North Carolina 28203 Dear Mr. Nesic: NORTH CAROLINA Environmental Quality August 24, 2021 Subject: Notice of Violation Violations of G.S. 143-215.1(a) and NPDES Permit No. NC0089626 Failure to Provide Proper Operation and Maintenance/ Unauthorized bypass of wastewater Dimensional Place Tracking #: NOV-2021-PC-0424 Mecklenburg County Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of the Department of Environmental Quality to protect and preserve the water resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce adopted water pollution control rules and regulations. On June 15, 2021, a DC Charlotte Plaza (DCCP) representative reported to this Office that approximately 73,440 gallons of untreated groundwater/wastewater were discharged into Charlotte Water's sanitary sewer system from June 15, 2021 through June 16, 2021. DCCP's groundwater remediation system (NPDES Permit No. NC0089626) was bypassed due to inoperable influent sump pumps. DCCP had not applied for or secured authorization to bypass the treatment system from the Division. Please be advised that 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 ($25,000.00) per day when the violation is of a continuing nature, 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. Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. NORTH D,p®rlmont of Environmental Onolit North Carolina Department of Environmental Quality 1 Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 Tim Hendricks Page Two August 24, 2021 It is requested that a written response be submitted to this Office by September 24, 2021, detailing the actions taken to address these violations. In responding, please send your response to the attention of Mr. Edward Watson. Should you have any questions concerning this Notice, please do not hesitate to contact Mr. Watson at (704) 235- 2199, or via email at edward.watson@ncdenr.gov. cc: Chris On -ell, ECS Limited (via email) D_E NORTH CARIXINA Sincerely, f---DocuSigned by: `—A14CC681 AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 aeW Amen[ of Environmental Qual�