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Home My WebLink AboutWQCS00054_NOI NOV-2020-DV-0011_20200108ROY COOPER G&v-�rrlor K41 HAEL S. RECAN Secretary LINDA CULPEPPER arwtpr NORTH CAROUNA Environmental Quality CERTIFIED MAIL: 7018 0360 0002 2099 1505 RETURN RECEIPT REQUESTED January 08, 2020 Mark Watson, County Manager Union County 500 N Main St Ste 918 Monroe, NC 28112 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0011 Sanitary Sewer Overflows - December 2019 Collection System Permit No. WQCS00054 Union County Collection System Union County Dear Mr. Watson: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Union County. The Division's Mooresville Regional Office concludes that the Union County violated Permit Condition I (2) of Permit No. WQCS00054 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 Union County an opportunity to provide evidence and justification as to why the Union County 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 201901892 12/13/2019 1,440 4015 Sardis Church Rd. Inflow and Infiltration 59,435 59,435 Notice of Violation Intent to Enforce 201901893 12/13/2019 99 2722 Waxhaw Marvin Inflow and Infiltration 1,980 1,980 Notice of Violation Rd NorthCarolina Departmer.tofErv:rar.irerta Quairty I DimsianofWater Resources Mooresv:15eRegom:Off.-oe 1 610 East Center Aveaue,Suite3011 Mooresv ie,North C$roiina2S115 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mips) Location Cause (Gals) (Gals) DWR Action 201901954 12/23/2019 140 910 Sharon Drive Severe Natural 1,400 1,400 Notice of Violation Condition 201901955 12/23/2019 494 4015 Sardis Church Severe Natural 24,430 20,000 Notice of Violation Road Condition Intent to Enforce 201901956 12/23/2019 366 2722 Waxhaw Marvin Severe Natural 18,300 18,300 Notice of Violation Road Condition Intent to Enforce 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 or me with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at.michael.meilingerCa)ncdenr.gov or corey.basinger@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 No rth Caroiina Department of E nvuon menta Quairty I Dimsian of Water Resources ME Mooresville Regbfm! Office 1 610 Es3 Center Avenue, Suite 301 I Mooresvlie, North Garoiina 28115 �L f •'JF 7fA-6 3-168f}