WQCS00016_NOV-2019-DV-0088_20190201

ROY COOPER
G&v-�rrlor
K41 HAEL S. RECAN
Secretary
LINDA CULPEPPER
arwtpr
NORTH CAROUNA
Environmental Quality
CERTIFIED MAIL: 7017 2620 0000 6788 4569
RETURN RECEIPT REQUESTED
February 01, 2019
Michael Ferris, City Manager
City of Albemarle
PO Box 190
Albemarle, NC 28002-0190
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0088
Sanitary Sewer Overflows - December 2018
Collection System Permit No. WQCS00016
Albemarle Collection System
Stanly County
Dear Mr. Ferris:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Albemarle. The Division's Mooresville Regional Office concludes that the City of Albemarle violated Permit
Condition I (2) of Permit No. WQCS00016 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 Albemarle an opportunity to provide evidence and
justification as to why the City of Albemarle 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
201803601 12/9/2018 180 31601 NC HWY 740 Inflow and Infiltration 1,800 1,800 Notice of Violation
201803686 12/20/2018 390 1214 N. Second Street Severe Natural 7,800 7,800 Notice of Violation
Condition w/ Intent to Enforce
NorthCarolina Departmer.tofErv:rar.irerta Quairty I DimsianofWater Resources
Mooresv:15eRegom:Off.-oe 1 610 East Center Aveaue,Suite3011 Mooresv ie,North C$roiina28115

Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Minn)
Location
Cause
(Gals)
(Gals)
DWR Action
201803687
12/20/2018
390
1436 US Hwy 52 N
Severe Natural
15,600
15,600
Notice of Violation
Condition
w/ Intent to Enforce
201803688
12/20/2018
390
1313 N 6th St.
Severe Natural
19,500
19,500
Notice of Violation
Condition
w/ Intent to Enforce
201803689
12/20/2018
390
42844 Vickers Store Rd.
Severe Natural
13,650
13,650
Notice of Violation
Condition
w/ Intent to Enforce
201803690
12/20/2018
390
31601 NC Hwy. 740
Severe Natural
11,700
11,700
Notice of Violation
Condition
w/ Intent to Enforce
201803808
12/28/2018
120
31601 NC Hwy 740
Inflow and Infiltration
1,200
1,200
Notice of Violation
201803809
12/28/2018
60
1313 North 6th st.
Inflow and Infiltration
600
600
Notice of Violation
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: ;tw I Mrsoftof Water Resourozs
Mooresv eF fl•:lra Off Del 51ff Ea2l,enterAvenue, Su;te3011 Mooresv e,North 0sro-:na28115