WQCS00120_Regional Office Historical File Pre 2018 (2)

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North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Mr. Todd Herms, Town Manager
Town of Maiden
Post Office Box 125
Maiden, NC 28650
Subject:
Dear Mr. Herms:
April 17, 2009
Resources
Notice of Violation
Tracking No. NOV-2009-DV-0113
Collection System Permit
Number WQCS00120
Town of Maiden
Dee Freeman
Secretary
A review has been conducted of Town of Maiden's self reported Sanitary Sewer
Overflows (SSOs) 5-Day Report(s) for March 2009. This review has shown Maiden to be in
violation of the requirements found in Collection System Permit WQCS00120 and/or G.S. 143-
215.1(a)(1). The violations that occurred during March 2009 are summarized in Attachment A.
Remedial and corrective actions, if not already implemented, should be taken to prevent
further SSOs. As of December 1, 2007, any reportable SSO may be issued a Notice of Violation
(NOV) and some may be assessed a civil penalty. Civil penalties will be issued for SSOs based
on volume, volume reaching surface waters, duration and gravity, impacts to public health, fish
kills, and recreational area closures. Other factors considered in determining the amount of the
civil penalty are the violator's history of spills, the cost of rectifying the damage, whether the
spill was intentional, and whether money was saved by non-compliance.
Be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than
twenty-five thousand dollars ($25,000), or twenty-five thousand dollars ($25,000) per day when the
violation is of a continuing nature, against any person who is required but fails to apply for or to
secure a permit required by G.S. 143-215.1. Penalties may also be assessed for any damage to the
surface waters of the State that may result from the unpermitted discharge.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] \ Fax: [phone] \ Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity \Affirmative Action Employer— 50% Recycled/10% Post Consumer paper
One
NorthCarolina
Awitrally

Mr. Todd Herms
NOV-2009-DV-0113
Page 2
The SSOs highlighted in Attachment A are overflows that the regional office has determined,
after review of the CS-SSO 5-day report, that may result in a civil penalty assessment. You may
provide any additional information for the justification of these SSOs as to why these spills
do not meet the criteria listed in this letter for civil penalty assessment.
If you have any questions regarding this policy please do not hesitate to contact Mr. Lon
Snider or myself at 704-663-1699.
Sincerely,
I
Robert B. Krebs
Surface Water Protection Section Supervisor
Division of Water Quality
Mooresville Regional Office
Attachments
Cc: ORC System —Damon Rice
PERCS Files

Attachment A
Town of Maiden Collection System
March 2009
Permit # Location Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Causes
WQCS00120 Carolina Mills ROW 200900893 03/31/09 2300(no Surface NOV-2009-DV-0113 Proceed to NOV Roots
Water)