WQCS00327_NOV-2024-DV-0304_20240717

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7022 0410 0000 7789 6036
Return Receipt Reauested
Mike Legg
City of Kannapolis
401 Laureate Way
Kannapolis, NC 28081-1199
NORTH CAROLINA
Environmental Quality
July 17, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0304
Sanitary Sewer Overflows - June 2024
Collection System Permit No. WQCS00327
Kannapolis Collection System
Cabarrus County
Dear Mr. Legg:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Kannapolis. The Division's Mooresville Regional Office concludes that the City of Kannapolis violated Permit
Condition I (2) of Permit No. WQCS00327 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 Kannapolis an opportunity to provide evidence and
justification as to why the City of Kannapolis 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
202401074
6/17/2024
645
1901 CONCORD LAKE
Pump station
4,133
4,133
Notice of Violation
ROAD, KANNAPOLIS,
equipment failure
Intent to Enforce
NC, 28083
202401103
6/27/2024
120
1108 MOSS AVENUE,
Roots
600
600
Notice of Violation
KANNAPOLIS,NC, 28081
D_E Q�North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Offrce 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
"h 7046631699

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 [e-mail].
Sincerely,
CA
DocuSigned by:
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F161FB69A2D84A3...
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
aanderson([e-mail]
North Carolina Department of Environmental Quality � Division of Water Resources
�� Mooresville Regional Offrce 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
7046631699
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