WQCS00075_NOV-2020-DV-0001_20200103

DocuSign Envelope ID: 3CFC0460-DD7D-4BC5-9FOA-5320CFDBOFA4
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ROY COOPER
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MICI-IAEL S. REGAN
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LINDA CULPEPPER
NORTH CAROLINA
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Environmental Quality
CERTIFIED MAIL: 7017 1070 0000 1776 0626
RETURN RECEIPT REQUESTED
January 02, 2020
J Robert Boyette, City Manager
City of Marion
PO Drawer 700
Marion, NC 28752
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0001
Sanitary Sewer Overflows - December 2019
Collection System Permit No. WQCS00075
Marion Collection System
McDowell County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Marion. The Division's Asheville Regional Office concludes that the City of Marion violated Permit Condition I
(2) of Permit No. WQCS00075 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 Asheville Regional Office is providing the City of Marion an opportunity to provide evidence and justification as
to why the City of Marion 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
201901934 12/18/2019 64 between 319 Morgan Debris in line
and 424 South Main
3867 3867 Notice of Violation
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.shevdle Regonsi Office 1 2090 V.S. 70 Htinrsy I Sw moos, North Car Irm 23773
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DocuSign Envelope ID: 3CFC0460-DD7D-4BC5-9FOA-5320CFDBOFA4
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 15 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 Timothy Heim with the Water Quality Section in
the Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Sincerely,
DocuSigned by:
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G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
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