WQCS00024_NOV-2020-DV-0222_20200506

ROY COOPER_
Govarlar
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
CERTIFIED MAIL:7019 0700 0000 3643 0383
RETURN RECEIPT REQUESTED
May 06, 2020
Bruce W. Davis
City of Lumberton
PO Box 1388
Lumberton, NC 28358
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0222
Sanitary Sewer Overflows - February 2020
Collection System Permit No. WQCS00024
Lumberton Collection System
Robeson 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 Lumberton. The Division's Fayetteville Regional Office concludes that the City of Lumberton violated Permit
Condition I (2) of Permit No. WQCS00024 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 Fayetteville Regional Office is providing the City of Lumberton an opportunity to provide evidence and
justification as to why the City of Lumberton 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
202000486 2/6/2020 1,080 Manhole at 515 Noir Inflow and 75,000 75,000 Notice of Violation
Street Infiltration, Severe
Natural Condition
No rth Carolina Depart rnent of Envconrnental Quality I Division of Water Resources
Fayetteviffe Regionai Office 1225 Green Street, Suite 714 I Fayetteville, North Carofna 25301
914433 3390

Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Minn)
Location
Cause
(Gals)
(Gals)
DWR Action
202000487
2/7/2020
330
Manhole at 2212
Inflow and
500
500
Notice of Violation
Musselwhite Circle
Infiltration, Severe
Natural Condition
202000488
2/7/2020
390
Manhole at Carolina and Inflow and
250
250
Notice of Violation
First Street
Infiltration, Severe
Natural Condition
202000489
2/7/2020
450
manhole at 307 Grace
Inflow and
800
800
Notice of Violation
Street
Infiltration, Severe
Natural Condition
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 60 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 Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3300 or via email at [e-mail].
Sincerely,
Do-c_uS, igLned�by:
U
5189C2 =5C42B...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office (CT)
Central Files, Water Quality Section
North Ca rohna ❑epsrtrn nt of E nwron menta! Q ua Ry I ➢iviso n of Water Resou roes
Fayettevi!e Reg:oeal 4rf:oe 1 225 Green Street, Suite 714 1 Fsyettemi!e, North Caro!.Ds 28341
910433 ' ❑