WQCSD0529_NOI NOV-2020-DV-0447_20200930

DocuSign Envelope ID: F622A287-62FB-49F1-A4B2-7F080EB4E632
ROY COOPER
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MICHAEL S. REGAN
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S. DANIEL SMITH
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NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7018 2290 0001 8295 9311
RETURN RECEIPT REQUESTED
September 30, 2020
Michael J Myers
Old North State Water Company LLC
4700 Homewood Ct
Suite 108
Raleigh, NC 27609
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0447
Sanitary Sewer Overflows - July 2020
Collection System Permit No. WQCSD0529
Majestic Oaks Deemed Collection System
Pender County
Dear Permittee:
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 Wilmington Regional Office concludes that the Old North
State Water Company LLC violated 15A NCAC 02T .0403 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 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 violationss that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202002418 7/16/2020 30 Manhole near 107 weir Debris in line, Pump 500 0 Notice of Violation
Drive (Mae Dr PS down) station equipment
failure
In addition, the Old North State Water Company LLC failed to properly notify the Division of the spill and didn't file
its 5-Day report until August 18, 2020 both of which are violations of 15A NCAC 02T .0403.
North Car ,ms Department of Environmental Qualrtv 6!vsvn of Water Resources r lVf) Wdrn:ngw+�nei egaff;ce 1127 CardimiDnve Ea n Ki ztens4r'wrg[ ,North :ara"a284DE
910-796-7215

DocuSign Envelope ID: F622A287-62FB-49F1-A4B2-7F080EB4E632
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,
DDOCUSigTned by: yyy
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7F141E73B6F3456_.
Tom Tharrington, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office - WQS File
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North Car ,ms Department of Environmental Qualrtv 6!vsvn of Water Resources
lVf ) Wdrn:ngw eg+�neiaff;ce 1127 Ca NimlDnve Eztensa n Ni4r'wr [ , North :ar _2840.5
910-796-7215