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HomeMy WebLinkAboutWQCS00129_NOV-2019-DV-0291 NOI_20190715ROY COOPER 60vernor K4ICHAEL S. REGAN Serrvary LINDA CULPEPPER Iliifftor NORTH CAROLINA Environmental Quality CERTIFIED MAIL: 7018 0360 0001 9842 8300 RETURN RECEIPT REQUESTED July 15, 2019 Charles Brown Town of Mount Olive PO Box 939 Mount Olive, NC 28365-0939 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0291 Sanitary Sewer Overflows - July 2019 Collection System Permit No. WQCS00129 Mount Olive Collection System Wayne County Dear Mr. Brown: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Mount Olive. The Division's Washington Regional Office concludes that the Town of Mount Olive violated Permit Condition I (2) of Permit No. WQCS00129 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 Washington Regional Office is providing the Town of Mount Olive an opportunity to provide evidence and justification as to why the Town of Mount Olive should not be assessed a civil penalty for the violation that is summarized below: Incident Start Number Date 201901189 7/12/2019 Total Vol Total Surface Duration Vol Water (Mins) Location Cause (Gals) (Gals) DWR Action 270 Manhole at Influent PS Inflow and 67,500 67,500 Notice of Violation at WWTP Infiltration, Severe Natural Condition North CAro ra Department of Erv:rormsntG:Qus ty I D v.sor. of Water Faso4rces Wash rgton Raflona-Offce 1943 Wask rflton Swsre his:: I Wash'r.gtoc, North Cero :ra 27589 �`� ° 252 *46-64B 1 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 Sarah Toppen with the Water Quality Section in the Washington Regional Office at 252-946-6481 or via email at Sarah.Toppen@ncdenr.gov. Sincerely, Re" T" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Washington Regional Office Division of Water Resources, NCDEQ Cc: Henry Vann (electronic copy) Washington Regional Office - WQS File PERCS Unit (electronic copy) North Caro rs Department of Erv:ror. msnts 'bus ty I D v.sor. of Water Feso4rces Wash rgton Reflona-Offce 1943 Wask rflton Swsre his:: I Wash'r.gtor, North Cero :ra 27589 e `,. 252*46-6481