WQCSD0700_Enforcement (Letter)_20191120

ROY COOPER
Gowerr,or
MICHAEL S. REGAN
Secretary
LIDA CULPEPPER
Drrff far
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7018 2290 0001 8043 5763
RETURN RECEIPT REQUESTED
November 20, 2019
Dannie Kennedy
Hillco LTD
PO Box 6159
Kinston, NC 28501
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0431
Sanitary Sewer Overflows - October 2019
Collection System Permit No. WQCSD0700
Ayden Court Rehabilitation & Nursing Center
Pitt County
Dear Ms. Kennedy:
The Division of Water Resources' Washington Regional Office staff conducted a site investigation of the Ayden
Court Rehabilitation & Nursing Center facility on October 25, 2019 and found that a Sanitary Sewer Overflow (SSO)
spill had occurred. The Division requested a SSO 5-Day Report to be submitted to the Washington Office, which
has not been received to date. The Division's Washington Regional Office concludes that the Hillco LTD violated
G.S. 143-215.1(a)(1) for making an outlet to waters of the State without a valid permit.
The Washington Regional Office is providing the Hillco LTD an opportunity to provide evidence and justification as
to why the Hillco LTD 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
201901720 10/25/2019 128 Snow Hill St., along Debris in line Notice of Violation
entrance drive on north
side within ditch to the
left of drive isle
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k
252-4 -S491

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 252-948-3845 or via email at [e-mail].
Cc: DWR — Laserfiche
Sincerely,
ROW Tom."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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