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HomeMy WebLinkAboutWQCS00054_NOV-2019-DV-0194 NOI_20190411ROY COOPER G&v-�rrlor K41 HAEL S. RECAN Secretary LINDA CULPEPPER arwtpr NORTH CAROUNA Environmental Quality CERTIFIED MAIL: 7017 2620 0000 6788 4989 RETURN RECEIPT REQUESTED April 11, 2019 Mark Watson, County Manager Union County 500 N Main St Ste 918 Monroe, NC 28112 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0194 Sanitary Sewer Overflows - March 2019 Collection System Permit No. WQCS00054 Union County Collection System Union County Dear Mr. Watson: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Union County. The Division's Mooresville Regional Office concludes that the Union County violated Permit Condition I (2) of Permit No. WQCS00054 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 Union County an opportunity to provide evidence and justification as to why the Union 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 201900499 3/3/2019 180 4015 Sardis Church Inflow and 2,100 2,100 Notice of Violation Road Infiltration, Severe w/ Intent to Enforce Natural Condition NorthCaro I,naDepartmer.tofErv:rar.irerta Quairty I DimsianofWater Resources Mooresv:15eRegom:Off.-oe 1610 East Center Aveaue,Suite3011 Mooresv ie,North C$roiina28115 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 Mooresville Regional Office at 704-663-1699 or via email at corey.basinger@ncdenr.gov. Sincerely, DocuSigned by: A14CC681 AF27425... 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 Del 510 Ea2l DeDler Avenue, Suae 3011 Mooresv e,North 0sra-:na28115