WQCS00017_NOV-2019-DV-0116_20190220

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ROY COOPER
K41CHAEL S.RECANSecretary
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LINDA CULPEPPER NORTH CAROUNA
Djwtor Environmental Quality
CERTIFIED MAIL: 7017 2620 0000 6788 4637
RETURN RECEIPT REQUESTED
February 20, 2019
Michael Peoples
City of Gastonia
PO Box 1748
Gastonia, NC 28053
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0116
Sanitary Sewer Overflows - January 2019
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 (Mins) Location Cause (Gals) (Gals) DWR Action
201900282 1/30/2019 360 Behind 4712 Pipe Failure(Break) 36,000 36,000 Notice of Violation
Maplecrest Drive w/ Intent to Enforce
NortNCarobnaDepartmer.tofErv:rar.merta Quairty I Dimscoof Water Resaurces
Mooresv:15ERegom:Off--oe 1610 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 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:rar.merts'Qua:ly I Mrsoftof Water Resourozs
Mooresv eF fl•:lra Off De 1 510 Ea2l DeDler Ave nae,Suae3011 Mcoresv e,North 0sra-:na28115