WQCS00072_NOI NOV-2021-DV-0099_20210203

DocuSign Envelope ID: 855EEE9E-43C1-4C04-9DE3-E7BA3CE1 F850
ROY COOPER
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CERTIFIED MAIL: 7018 2290 0001 8295 9489
RETURN RECEIPT REQUESTED
February 03, 2021
Darren L Currie
City of Whiteville
PO Box 607
Whiteville, NC 28472
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0099
Sanitary Sewer Overflows - October 2020
Collection System Permit No. WQCS00072
Whiteville Collection System
Columbus 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 Whiteville. The Division's Wilmington Regional Office concludes that the City of Whiteville violated Permit
Condition I (2) of Permit No. WQCS00072 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 Whiteville an opportunity to provide evidence and
justification as to why the City of Whiteville 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
202002823 10/17/2020 61 Multiple manholes along Other 10,000 Notice of Violation
Mollies Branch Outfall
Additional information was requested via email to Travis Faulk on January 5t", but it went unanswered as did an
initial inquiry along the same lines on October 22, 2020. That January correspondence asked 1) Whose
responsibility is it to check on the pump(s) operation during the rehabilitation process? 2) How often? and 3) Are
logs being maintained to that effect?
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DocuSign Envelope ID: 855EEE9E-43C1-4C04-9DE3-E7BA3CE1 F850
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 dean. [e-mail].
Sincerely,
EDOCUSigTned by:
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Tom Tharrington, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office - Hunkele
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