WQCS00009_NOV-2018-DV-0147_20180521

Wa ter Resources
ENWROMMEMTAL QUALITY
CERTIFIED MAIL: 7016 1370 000 2595 6781
RETURN RECEIPT REQUESTED
May 21, 2018
Harry M Wilson, Director
Water and Sewer Authority of Cabarrus County
232 Davidson Hwy
Concord, NC 28027
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0147
Sanitary Sewer Overflows - April 2018
Collection System Permit No. WQCS00009
W&S Authority of Cabarrus Co Collection System
Cabarrus County
Dear Mr. Wilson:
ROY COOPER
GoTerna,
NffOHAEL S_ REGAN
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LFNDA CULPEPPER
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A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5 -Day Report/s submitted by
Water and Sewer Authority of Cabarrus County. The Division's Mooresville Regional Office concludes that the
Water and Sewer Authority of Cabarrus County violated Permit Condition I (2) of Permit No. WQCS00009 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 Water and Sewer Authority of Cabarrus County an opportunity to
provide evidence and justification as to why the Water and Sewer Authority of Cabarrus County 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
201800560 4/14/2018 30 3600 NC Hwy 49 Pipe Failure (Break) 5,000 2,000 Notice of Intent
201800621 4/25/2018 195 2915 Stallings Road Debris in line 21,060 21,060 Notice of Intent
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

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 Lon Snider with the Water Quality Section in the
Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, 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
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699