WQCSD0134_NOV and Intent to Assess_20210215

ROY COOPER( r�
Governor � "4
MICHAEL S. REGAN; .
Secretarys'"�a
S. DANIEL SMITH NORTH CAROLINA
Dire w Eaviranmen tat Quality
CERTIFIED MAIL: 7019 0700 0000 3643 1618
RETURN RECEIPT REQUESTED
February 15, 2021
Thomas B Robinson, City Manager
Town of Carthage
4396 US 15-501
Carthage, NC 28327
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0106
Sanitary Sewer Overflows - January 2021
Collection System Permit No. WQCSDO134
Carthage Collection System
Moore County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Carthage. The Division's Fayetteville Regional Office concludes that the Town of Carthage violated Permit
Condition I (2) of Permit No. WQCSDO134 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 Fayetteville Regional Office is providing the Town of Carthage an opportunity to provide evidence and
justification as to why the Town of Carthage 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
202100139 1/7/2021 75 669 Nicks Creek Ln Pipe Failure (Break) 4,200 4,200 Notice of Violation
202100261 1/15/2021 78 7985 Aviation Dr. Other 5,500 0 Notice of Violation
North Caroana Departmentof Envsonmentam Quality I Divsnn of Wata Resouroas
Feyetteviue Ree naI Office 1 225 Green Street, Suite 714 1 Fsyetteune, NwTh Coro fns 28301

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 Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3300 or via email at [e-mail].
Sincerely,
DocuSiggnned'�by:
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5189=3DD5C42B...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office - CT
North Caroana Departmantof Environmental Quality I Divsnn of Wata Resouroas
Feyettev4e Ree nsl Office 1 225 Green Street, Suite 714 1 Fsyetteuhe, North Csrofns 28301
- 8104333300