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Home My WebLink AboutWQCS00016_NOV and Intent to Assess_20190325ROY COOPER G&v-�rrlor K41 HAEL S. RECAN Secretary LINDA CULPEPPER arwtpr NORTH CAROUNA Environmental Quality CERTIFIED MAIL: 7017 2620 0000 6788 4859 RETURN RECEIPT REQUESTED March 25, 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-0159 Sanitary Sewer Overflows - February 2019 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 201900412 2/22/2019 540 1214 N. 2nd Street Inflow and Infiltration 2,700 2,700 Notice of Violation w/ Intent to Enforce 201900413 2/22/2019 360 1436 Hwy 52 N Inflow and Infiltration 9,000 9,000 Notice of Violation w/ Intent to Enforce NortNCarolina Departmer.tofErv:rar.irerta Quairty I DimsianofWater Resaurces Woo reav:15ERegom:Off.-oe 1610 East Denier Avenue, Suite3011 Mooresv �e,North 03roiina2S115 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201900414 2/22/2019 390 1313 N. 6th St. Inflow and Infiltration 5,850 5,850 Notice of Violation w/ Intent to Enforce 201900440 2/23/2019 300 1436 US-52 Inflow and Infiltration 4,500 4,500 Notice of Violation w/ Intent to Enforce 201900441 2/23/2019 300 1214 N 2nd ST Inflow and Infiltration 1,500 1,500 Notice of Violation w/ Intent to Enforce 201900442 2/23/2019 270 1313 N 6th St Inflow and Infiltration 4,050 4,050 Notice of Violation w/ Intent to Enforce 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 me in the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at corey.basinger@ncdenr.gov. 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: ;tw I Mrsoftof Water Resourozs Mooresv eF fl•:lra Off Del 51ff Ea2l,enterAvenue, Su;te3011 Mooresv e,North 0sra-:na2S115