WQCS00017_Notice of Violation_20240827

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Michael Peoples, City Manager
City of Gastonia
PO Box 1748
Gastonia, NC 28053-1748
NORTH CAROLINA
Environmental Quality
August 27, 2024
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0338
Sanitary Sewer Overflows - July 2024
Collection System Permit No. WQCS00017
Gastonia Collection System
Gaston County
Dear Mr. Peoples:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Gastonia. The Division's Mooresville Regional Office concludes that the City of Gastonia violated Permit
Condition I (2) of Permit No. WQCS00017 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 Gastonia an opportunity to provide evidence and
justification as to why the City of Gastonia 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
(Mips)
Location Cause
(Gals)
(Gals)
DWR Action
202401203
7/22/2024
60
102 Main Street, Debris in line
400
400
Notice of Violation
McAdenville NC
202401248
7/26/2024
570
1137 WEST MAUNEY Debris in line, Grease
14,000
12,000
Notice of Violation
AVENUE, GASTONIA, ,
Intent to Enforce
28052
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,
EA
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
[e-mail]
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 29115
7046631699