HomeMy WebLinkAboutWQCS00258_NOV-2019-DV-0335_20190822ROY COOPER
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K41CHAEL S. RECAN
Secretary
LINDA CULPEPPER
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NORTH CAROUNA
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CERTIFIED MAIL: 7015 1520 0002 8376 2098
RETURN RECEIPT REQUESTED
August 22, 2019
Elbert H Richardson
Town of Troutman
PO BOX 26
Troutman, NC 28166-0026
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0335
Sanitary Sewer Overflows - June 2019
Collection System Permit No. WQCS00258
Troutman Collection System
Iredell County
Dear Mr. Richardson:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Troutman. The Division's Mooresville Regional Office concludes that the Town of Troutman violated
Permit Condition I (2) of Permit No. WQCS00258 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 Town of Troutman an opportunity to provide evidence and
justification as to why the Town of Troutman 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
201901021 6/8/2019 289 Westmoreland Debris in line 75 75 Notice of Violation
Road No 5-day report
NortNCaro I,naDepartmer.tofErv:rar.irerta Quairty I DimsianofWater Resaurces
Woo reav:15ERegom:Off.-oe 1 610 East Denier Avenue, Suite3011 Mooresv �e,North 03roiina2S115
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 Michael Meilinger with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at michael.meilinger@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:ror.merts'Qua: ly I Mrsoftof Water Resourozs
Mooresv eF fl•:lra Off Del 510 Ea2l DeDler Avenue, Suae 3011 Mooresv e,North 0sro-:na28115