WQCS00079_NOV and Intent to Assess_20200824

ROY COOPER_
L�d � STA7p �
Governor
-
M[CHAEt S. REGRN
Secretary
S. DANIEL SMITH
NORTH CAROLINA
Director
Environmental Quality
CERTIFIED MAIL: 7019 0700 0000 3643 1144
RETURN RECEIPT REQUESTED
August 24, 2020
Chris Medlin
City of Clinton
PO Box 199
Clinton, NC 28329-0199
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0390
Sanitary Sewer Overflows - May 2020
Collection System Permit No. WQCS00079
Clinton Collection System
Sampson 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 Clinton. The Division's Fayetteville Regional Office concludes that the City of Clinton violated Permit
Condition I (2) of Permit No. WQCS00079 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 Clinton an opportunity to provide evidence and justification
as to why the City of Clinton 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
202001438 5/21/2020 33 609 Northeast Blvd. Grease, Inflow and 7,500 750 Notice of Violation
Infiltration, Severe
Natural Condition
202001634 5/28/2020 240 Manhole at Grove Park Severe Natural 120,000 114,000 Notice of Violation
Church
Condition
North Camhns Depart ment of Environmenta!Qua4y I Division of Water Resources
Fayettevi!e Reg:oral 4rf:oe 1225 Green Street, Suite 714 I Fsyettevsi!e, North Caro!.Ds 28341
91o433 ' ❑

Incident Start
Number Date
Duration
(Minn) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals)
DWR Action
202001636 5/28/2020 250 College Street at First Severe Natural 120,000 114,000 Notice of Violation
Baptist Church Condition
202001662 5/29/2020 62 210 Fisher Drive Debris in line, Severe 16,000 800 Notice of Violation
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 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 Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3320 or via email at [e-mail].
Sincerely,
I
DocuSignedby:
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5189C2D3DD5C42B...
1. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office - CT
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 ' ❑