WQCS00125_NOV and Intent to Assess_20200521

ROY COOPER
Covem o
MICHAEL 5. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
En vironmental Quality
CERTIFIED MAIL: 7016 1370 0000 2592 0522
RETURN RECEIPT REQUESTED
May 21, 2020
W Del Eudy, Mayor
Town of Mount Pleasant
PO Box 787
Mount Pleasant, NC 28124-0787
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0237
Sanitary Sewer Overflows - April 2020
Collection System Permit No. WQCS00125
Mount Pleasant Collection System
Cabarrus County
Dear Mr. Eudy:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Mount Pleasant. The Division's Mooresville Regional Office concludes that the Town of Mount Pleasant
violated Permit Condition I (2) of Permit No. WQCS00125 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 Town of Mount Pleasant an opportunity to provide evidence and
justification as to why the Town of Mount Pleasant 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
202001307 4/30/2020 35 1232 Summer St. Inflow and 18,000 10,000 Notice of Violation
Infiltration, Severe Intent to Enforce
Natural Condition
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 28115
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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,
EA
DocuSigned by:
41. u N Nuft
F161 F669A2D84A3... for
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 Garodina 2S115
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