WQCS00046_NOV-2020-DV-0255_20200521

ROY COOPER
Covem o
MICHAEL 5. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
En vironmental Quality
CERTIFIED MAIL: 7016 1370 0000 2592 0584
RETURN RECEIPT REQUESTED
May 21, 2020
Adrian T Miller
City of Belmont
PO Box 431
Belmont, NC 28012
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0255
Sanitary Sewer Overflows - April 2020
Collection System Permit No. WQCS00046
Belmont Collection System
Gaston County
Dear Mr. Miller:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Belmont. The Division's Mooresville Regional Office concludes that the City of Belmont violated Permit
Condition I (2) of Permit No. WQCS00046 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 City of Belmont an opportunity to provide evidence and
justification as to why the City of Belmont 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
202001297 4/30/2020 145 773 Cason St Debris in line 4,050 4,050 Notice of Violation
Intent to Enforce
No rth Caroiina Depart meat of E nvuon menta Quaiity I Dims*i) of Water Resou roes
ME Mooresville Regbfm! Office 1610 Es3 Center Avenue, Suite 3011 Mooresvlie, North Carolina 25115
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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 Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail] or
[e-mail].
Sincerely,
DocuSigned by:
A41. .aw E/ Nuft for
F161 FB69A2D84A3...
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 Calofina Depan ment of E nvuon iaents! Quaf ty I Dimsian of Water Resources
ME Mooresville Regbfm! Office 1 610 Es3 Center Avenue, Suite 301 I Mooresvlfe, North 03rodina 28115
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