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HomeMy WebLinkAboutWQCS00054_NOV-2022-DV-0147 NOI_20220516ROY COOPER Governor ELIZABETH S. RISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Certified Mail # 7018 3090 0001 2322 5184 Return Receipt Requested May 16, 2022 Mark Watson, County Manager Union County 500 N Main St Ste 918 Monroe, NC 28112 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0147 Sanitary Sewer Overflows - April 2022 Collection System Permit No. WQCS00054 Union County Collection System Union County Dear Mr. Watson: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Union County. The Division's Mooresville Regional Office concludes that the Union County violated Permit Condition I (2) of Permit No. WQCS00054 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 Union County an opportunity to provide evidence and justification as to why the Union County 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 202200559 4/5/2022 90 2104 Lytton Lane Pump station equipment failure 2,250 2,000 Notice of Violation 202200560 4/5/2022 15 2104 Lytton Lane Pump station 300 300 Notice of Violation equipment failure 202200561 4/5/2022 260 4004 Sardis Church Rd. Inflow and Infiltration 2,600 2,600 Notice of Violation Intent to Enforce D_E North Carolina Department of Environmental Quality Division of Water Resances Mooresville Regional Office [ 6t0 East Center Avenue. Suhe 301 I MnoresvIlle, North Carolina 25115 704,663.1699 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202200686 4/28/2022 75 3102 Sun Valley PI, Indian Trail, North Carolina, 28079 Debris in line 325 50 Deficiency, No Further 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 Michael Meilinger or me with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at michael.meilinger@ncdenr.gov or corey.basinger@ncdenr.gov. Sincerely, �— DocuSigned by: `—A14CC681 AF27425... 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 Greg.Morgan@unioncountync.gov andy.neff@unioncountync.gov North Carolina Department of Environmental Quality Division of Water Resources Mooresville Regional Office [ 6t0 East Cenrer Avenue. Suhe 301 I MnoresvIlle, North Ce oIEne 25115 704,663.1699