WQCS00020_NOV and Intent to Assess_20230620

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3 Tota CITY OF HICKORY
$ PO BOX 398
luJ Sen HICKORY NC 28601-0398
3 Stre ATTN:WARREN WOOD,CITY MANAGER --
dwr/jh 6/20/23
City, - .

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CITY OF HICKORY
PO BOX 398
HICKORY NC 286! .`^ ,
ATTN:WARREN WOOD,Li, ;;,,rtNAGER
dwr/jh 6/20/23
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NCDEQ/WQROS m� Z o
610 E. CENTER AVENUE ?.63) n
SUITE 301 0� o 1 MOORESVILLE NC 28115 Z w p
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STATE,N4 FILE
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ROY COOPER u _17
ELIZABETHS.BISER `•
Secretary g""
RICHARD E.ROGERS.JR. NORTH
AROLINAty
Director
Certified Mail # 7022 0410 0000 7789 4926
Return Receipt Requested
June 20, 2023
Warren Wood, City Manager
City of Hickory
PO Box 398
Hickory, NC 28601-0398
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0256
Sanitary Sewer Overflows - May 2023
Collection System Permit No. WQCS00020
Hickory Collection System
Catawba County
Dear Mr. Wood:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Hickory. The Division's Mooresville Regional Office concludes that the City of Hickory violated Permit
Condition I (2) of Permit No. WQCS00020 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 Hickory an opportunity to provide evidence and justification
as to why the City of Hickory 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
202300824 5/16/2023 60 2274 1st St SE, Pipe Failure(Break) 12,000 12,000 Notice of Violation
Hickory, NC, 28602 Intent to Enforce
D_E Q.._ North Carofno Department of Environmental QuaRry Division of Water Resources
,/•��'� Mooresville Regional Monet
1,10 East Center Avenue.Suite 301 1 Mooresvdk.North Carolina 28115
/ 703.b63.1699

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 Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at joanna.harbisonCadeq.nc.gov.
Sincerely,
EDocuSigned by:
1•4444e H P4•44
F161FB69A21:184A3.-.
Andrew H. Pitner, P.G., 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
kpennell(a�hickorvnc.Qov
E\.9�� North Carolina Department of Envi10 as Centalter
y 1 iteh01 of Water Resources
/TJf� �J�p' Mooresvllk Regional Office,bl0 East Curter Avenue.Suite 301 Maoresvilk.North Carolina 28115
^+'�+at"•�+^� 704 663109

ICKORY Prfiche City of Hickory
Post Office Box 398
Hickory, NC 28603
Phone: [phone]
Fax: [phone] DEOIDWR
Email: kpennell@hiSIVV
NRE
Public Utilities JUN 2 9 2023
WOROS
June 23, 2023
MOORESVILLE REGIONAL OFFICE
Mr. Andrew Pitner, Regional Supervisor
Division of Water Resources, NCDEQ
Water Quality Regional Operations Section
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
RE: Collection System Permit No: WQCS00020
Notice of Violation, Tracking No.: NOV-2023-DV-0256
Dear Mr. Pitner:
The purpose of this correspondence is to respond to the Notice of Violation (Tracking No.: NOV-2023-DV-
0256) for the City of Hickory Collection System (Permit No. WQCS00020) that occurred May 16, 2023
Incident #202300824 was the result of a 24-in terracotta line separating at a joint approximately 4 feet
from a manhole, next to the creek bank. City of Hickory crews dug the line out, reset the sewer line and
resealed the joint. The 24" line was then supported with concrete to keep the line stable. After the repairs
were made the creek bank was reinforced around the manhole to prevent future issues. The City of
Hickory feels that we worked as quickly as possible to eliminate this sewer overflow caused by pipe
failure of a 24-in terracotta line.
The City of Hickory takes all violations seriously and works diligently in promoting and protecting the
environment, health and natural resources of our community through responsible stewardship in the
collection and treatment of wastewater and hopes you will consider the above factors when considering
enforcement action against the violation that occurred. Should you have any further questions, please do
not hesitate contacting me at 828-323-7427.
Sincerely,
Kenneth Pennell
Utilities Maintenance Supervisor
PC: M. Shawn Pennell, Public Utilities Director
Andrew Foy, Assistant Public Utilities Director

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