WQCS00020_NOV and Intent to Assess_20230111

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Pr CITY OF HJCKORY
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3 Tr PO BOX 398
U $ HICKORY NC 28601-0398
U S ATTN:WARREN WOOD,CITY MANAGER
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CITY OF HICKORY
PO BOX 398
'TKORY NC 28601.-0398
ARREN WOOD,CITY MANAGER
dwr/jh 1/11/23
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„a.STATEFILE
ROY COOPER
Governor 3 I r
ELIZABETH S.BISER
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 4285
Return Receipt Requested
January 11, 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-0019
Sanitary Sewer Overflows - December 2022
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
202201764 12/1/2022 15 831 Old Lenoir road Debris in line 100 100 Deficiency, No Further
Hickory, NC 28601 Action
202201807 12/13/2022 420 2031 Snow Creek Rd Pipe Failure (Break) 30,000 15,000 Notice of Violation
NE, Hickory, NC, 28601 Intent to Enforce
D E Q North Carolina Regional DeparOftmentOce ofb10 EnviroEastn Cenmentalter Quality
t Division ofMooresvlIle Nor Water Resources
Moo Suite tot th Carolina 28115
ems �� 704 bm3.Ib99

Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202201862 12/27/2022 350 615 21st Avenue Dr Debris in line, Grease 2,100 1,200 Notice of Violation
NW, Hickory, NC, 28601
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 ioanna.harbison©ncdenr.gov or
a nd rew.pitner@ ncden r.gov.
Sincerely,
DocuSigned by:
F181FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant 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
kpenneil(a hickorync.gov
D E y North Carolina Department or Environmental Quality I Division of Water Resources
Moorcsvilk Regional DfFlce b10 East Center Avenue.Suite 301!Mooresvilk.North Carolina 26115
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