WQCS00137_NOI NOV-2020-DV-0441_20200925

DocuSign Envelope ID: F948ADB1-E73A-4CBB-92A9-E5E37ECB494D
ROY COOPER
Govemor
MICHAEL S. REGAN
Sep t­y
S. DANIEL SMITH
Dlrec[or
y� �STA7p
Y! �
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7018 2290 0001 8295 9274
RETURN RECEIPT REQUESTED
September 28, 2020
Gordon Hargrove
City of Southport
1029 North Howe Street
Suite 100
Southport, NC 28461
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0441
Sanitary Sewer Overflows - June 2020
Collection System Permit No. WQCS00137
Southport Collection System
Brunswick 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 Southport. The Division's Wilmington Regional Office concludes that the City of Southport violated Permit
Condition I (2) of Permit No. WQCS00137 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 Wilmington Regional Office is providing the City of Southport an opportunity to provide evidence and
justification as to why the City of Southport should not be assessed a civil penalty for the violation that is
summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202001873 6/16/2020 810 Pump Station at 9th Inflow and Infiltration 59,000 59,000 Notice of Violation
Street and Burlington
Ave.
�rw North Car ,ms Department of Environmental Qualrtv 6!vsvn of Water Resources
lVf ) Wdrn:ngw eg+�neiaff;ce 1127 Ca NimlDnve Eg[ztensan N5lmir, North :ar _2840.5
910-796-7215

DocuSign Envelope ID: F948ADB1-E73A-4CBB-92A9-E5E37ECB494D
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 Dean Hunkele with the Water Quality Section in the
Wilmington Regional Office at 910-796-7215 or via email at [e-mail].
Sincerely,
IDocuSigned by:
C0µ A,
7F141E73B6F3456...
Tom Tharrington, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office - Enforcement File
Upload to Laserfiche
�rw North Car ,ms Department of Environmental Qualrtv 6!vsvn of Water Resources
lVf ) Wdrn:ngw eg+�neiaff;ce 1127 Ca NimlDnve Eztensan Ni4r'wr [ , North :ar _2840.5
910-796-7215