WQCS00149_NOV-2019-DV-0060_20190125

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ROY COOPERy
K41CHAEL S.RECANSecretary
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LINDA CULPEPPER NORTH CAROUNA
Djwtor Environmental Quallry
CERTIFIED MAIL: 7016 1370 0000 2596 0672
RETURN RECEIPT REQUESTED
January 25, 2019
Donald Chamblee, Director Public Works of
Lincoln County
115 W Main St
Lincolnton, NC 28092
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0060
Sanitary Sewer Overflows - September 2018
Collection System Permit No. WQCS00149
E Lincoln County Collection System
Lincoln County
Dear Mr. Chamblee:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Lincoln County. The Division's Mooresville Regional Office concludes that the Lincoln County violated Permit
Condition I (2) of Permit No. WQCS00149 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 Lincoln County an opportunity to provide evidence and justification
as to why the Lincoln 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
201801450 9/10/2018 42 2460 Hwy 16 N Pump station 3,000 0 Notice of Violation
equipment failure w/Intent to Enforce
NortNCarobnaDepartmer.tofErv:rar.merta Quairty I Dimscoof Water Resaurces
Mooresv:15ERegom:Off--oe 1 610 East Denier Avenue,Suite3011 Mooresv �e,North 03roiina28115

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 W. Corey Basinger 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
NortY Cara-na Departmentof Erv:ror.merts'Qua:ly I Mrsoftof Water Resourozs
Mooresv eF fl•:lra Off Del 510 Ea2l DeDler Avenue,Suae 3011 Mooresv e,North 0sro-:na2S115