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HomeMy WebLinkAboutWQCS00258_NOV-2019-DV-0335_20190822ROY COOPER G&v-�rrlor K41CHAEL S. RECAN Secretary LINDA CULPEPPER arwtpr NORTH CAROUNA Environmental Qual" 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