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HomeMy WebLinkAboutWQCS00327_Notice of Violation_20240925ROY COOPER cwernar MARY PENNY KELLEY Srcrrlary RICHARD E. ROGERS. JR, Wraw NORTH CAROLINA Environmental Quality September 25, 2024 Mike Legg City of Kannapolis 401 Laureate Way Kannapolis, NC 28081-1199 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0386 Sanitary Sewer Overflows - August 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. Regarding SSOs that occurred on August 8 & 9, 2024, and in keeping with the Governor's Executive Order No. 311, which declared a statewide state of emergency for the Severe Weather Event that occurred, the Division of Water Resources is utilizing its enforcement discretion and only issuing a Notice of Violation for events that noted Severe Natural Conditions' as contributing to SSOs on those dates. No additional response to the Division is necessary for events that occurred within those dates. 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: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202401321 8/5/2024 420 1106 WEST A STREET, Other, Pipe Failure 126,000 126,000 Notice of Violation KANNAPOLIS, , 28081 (Break) Intent to Enforce 202401490 8/8/2024 1,200 269 ESTHER CIRCLE, KANNAPOLIS �rt�,�f DE Q'l Inflow and 264,000 264,000 Notice of Violation Infiltration, Severe Tropical Storm Debby Natural Condition North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 26115 704.6631699 Total Surface Incident Start Duration Vol Water Number Date (Minn) Location Cause (Gals) (Gals) DWR Action 202401492 8/8/2024 660 199 OAKDALE AVENUE, Inflow and 33,000 33,000 Notice of Violation KANNAPOLIS Infiltration, Severe Tropical Storm Debby Natural Condition 202401495 8/8/2024 660 2184 MALLARD POINTE Inflow and 9,900 9,900 Notice of Violation DRIVE, KANNAPOLIS Infiltration, Severe Tropical Storm Debby Natural Condition 202401500 8/8/2024 600 1201 MASON STREET, Severe Natural 6,000 6,000 Notice of Violation KANNAPOLIS Condition Tropical Storm Debby 202401505 8/8/2024 480 1098 NORTH CANNON Inflow and 4,800 4,800 Notice of Violation BOULEVARD, Infiltration, Severe Tropical Storm Debby KANNAPOLIS Natural Condition 202401509 8/8/2024 480 5540 CHARLIE WALKER Inflow and 4,800 4,800 Notice of Violation ROAD, KANNAPOLIS Infiltration, Severe Tropical Storm Debby Natural Condition 202401510 8/8/2024 480 1202 SLOOP AVENUE, Inflow and 4,800 4,800 Notice of Violation KANNAPOLIS Infiltration, Severe Tropical Storm Debby Natural Condition 202401513 8/8/2024 240 1350 WASHINGTON Inflow and 2,400 2,400 Notice of Violation LANE, KANNAPOLIS Infiltration, Severe Tropical Storm Debby Natural Condition 202401977 8/22/2024 30 1006 ALABAMA Roots 60 60 Deficiency, No Further STREET, KANNAPOLIS 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. _ -K North Carolina Department of Environmental Quality [ Division of Water Resources DE Q Mooresville Regional Office 1 610 East Center Avenue. Suite 301 1 Mooresville. North Caroltna 28115 o'wa ima�a�on�ma we� /"� 704A63,1699 If you have any questions, please do not hesitate to contact Joanna Harbison with the Water Quality Regional Operations Section in the Mooresville Regional Office at 704-663-1699 or via email at joanna.harbisonndeq.nc.g. Sincerely, DocuSigned by: F161F969A2D84A3... 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@kannapolisnc.gov North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704.6631699