WQCS00372_NOV-2020-DV-0365_20200814

ROY COOPER
Gcwrvnur
MICHAEL S. REGAN
Secrvary
S. DANIEL SMITH
Dire cr
NORTi-i CAROLINA
Environmental Quality
CERTIFIED MAIL: 7016 3560 0000 442 7434
RETURN RECEIPT REQUESTED
August 14, 2020
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Ste. 108
Raleigh, NC 27609
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0365
Sanitary Sewer Overflows - July 2020
Collection System Permit No. WQCS00372
Briar Chapel Collection System
Chatham County
Dear Mr. Myers:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Old North State Water Company LLC. The Division's Raleigh Regional Office concludes that the Old North State
Water Company LLC violated Permit Condition I (2) of Permit No. WQC500372 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 Raleigh Regional Office is providing the Old North State Water Company LLC an opportunity to provide
evidence and justification as to why the Old North State Water Company LLC 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 (Minn) Location Cause (Gals) (Gals) DWR Action
202002220 7/23/2020 225 MH below lift station b Other 2,000 Notice of Violation
(behind 1146 Great
ridge parkway)

Incident Start
Number Date
Duration
(Minn) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals)
DWR Action
202002233 7/26/2020 150 dry well at Pump Other, Pipe Failure 8,400 8,400 Notice of Violation
Station A (Break)
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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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