WQCS00024_NOV and Intent to Assess_20200825

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 1168
RETURN RECEIPT REQUESTED
August 25, 2020
Wayne Horne, City Manager
City of Lumberton
PO Box 1388
Lumberton, NC 28358
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0391
Sanitary Sewer Overflows - June 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
202001808 6/6/2020 240 FM from station #37 Pipe Failure (Break) 200 200 Notice of Violation
(Wesley Pines)
202001839 6/11/2020 60 515 Noir St Inflow and Infiltration 800 800 Notice of Violation
North Camhns Depart ment of Environmenta!Qua4y I Division of Water Resources
Fay eft" i!iz Reg:oral Offu I225Green Stmet, Suite 714 1 Fayettevs i!e, North Caro 1.Da 28341

Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Minn)
Location Cause
(Gals)
(Gals)
DWR Action
202001875
6/15/2020
3,360
515 Noir St Inflow and Infiltration
135,000
135,000
Notice of Violation
202001895
6/16/2020
300
Manhole at Elmhurst Inflow and Infiltration
500
500
Notice of Violation
and Walnut
202001896
6/16/2020
2,160
Intersection of Michigan Inflow and Infiltration
10,800
10,800
Notice of Violation
and Oregon St.
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 910-433-3300 or via email at [e-mail].
Sincerely,
Do-c_uS, iglned�by:
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J. 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
91o433 ' ❑