WQCS00372_NOV-2020-DV-0404_20200914

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S. DANIEL SMITH
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Environmental Quality
CERTIFIED MAIL: 7017 0190 0000 9569 817
RETURN RECEIPT REQUESTED
September 14, 2020
Michael J Myers, President
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-0404
Sanitary Sewer Overflows - August 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 Reports 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. WQCS00372 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 (Mins) Location Cause (Gals
) ) (Gals) DWR Action
202002456 8/20/2020 72 Pump Station 8, Debris in line, Pump 800 500 Notice of Violation -
Quarter Gate Trace station equipment Notice of Intent
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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 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 mitch. hayesncdenr.gov.
Sincerely,
'W W i
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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