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WQCS00046_Regional Office Historical File Pre 2018 (2)
Basinger, Corey Sent: Thursday, April 07, 2016 10:53 AM To: 'cflowers@cityofbelmont.org' Cc: Pitner, Andrew; Love, Barry F Subject: SSO Response to Notice of Violation. From: Basinger, Corey Mr. Flowers, The Division has received and reviewed the City of Belmont's responses to the Notice of Violation and Recommendation for Enforcement (NOV-2016-DV-0088). Based on your responses, the Division will take no further action with regard to this Notice. We take this opportunity to remind the City of the vital need to maintain compliance with Collection System Permit No. WQCS00046 and to continue to work diligently toward the prevention and elimination of Sanitary Sewer Overflows (SSO). Should you have questions or concerns, please contact me directly. Thanks. Corey Basinger W. Corey Basinger Regional Supervisor Division of Water Resources Mooresville Regional Office Department of Environmental Quality Chairman Water Pollution Control System Operators Certification Commission 704-235-2194 office corey.basinger@ncdenr.gov Mooresville Regional Office 601 East Center Avenue, Suite 301 Mooresville, NC 28115 Nothing Compares --,,Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 IME CERTIFIED MAIL: 1GIS 15aC cooD_ s31 30tel RETURN RECEIPT REQUESTED March 02, 2016 Mr. Barry L. Webb, City Manager City of Belmont PO Box 431 Belmont, NC 28012 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2016-DV-0088 Sanitary Sewer Overflows - January 2016 Collection System Permit No. WQCS00046 Belmont Collection System Gaston County Dear Mr. Webb: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report's submitted by City of Belmont. The Division's Mooresville Regional Office concludes that the City of Belmont violated Permit Condition I (2) of Permit No. WQCS00046 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 towaters 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 Mooresville Regional Office is providing the City of Belmont an opportunity to provide evidence and justification as to why the City 'of Belmont should not be assessed a civil penalty for the violation(s) that are summarized below: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 201600050 1/4/2016 335 Cason Street right of way Pipe Failure (Break) 2,680 2,680 Intent to Enforce 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. State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 In4-663-1699 Postage Total CITY MANAGER MR BARRY WEBB, 'Sent CITY OF BELMONT streeiPO BOX 431 NC 28012 -:---rBELMONT 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 tha tntac inf ar,}tonal and whether money was saved by non-compliance. rnl m zTo.-- - Ill X 0 2RECE IVED1NCDENRIDWF 4 MAR 102016' + 1 N -0WQROS I I � (R?CR4:SVILLc RE ,lA0 N co 1 W N •0 > co a 6 E in 0 T C • co rn 4) - rl a) -o • (n 0 a 0 u cc w 1— z W V FICE =- U.S. Postal ServICeTM CERTIFIED MAII® RECEIPT Domestic Mail. Only F or deliveryinformation visa our webs.te aC.wWW usps.com®.. Certified Mail Fee Extra Services & Fees(checkbox, ❑ Return Receipt (h d ❑ Retum Receipt (electronic) Certified Mail Restricted Delivery $ °Adult Signature Required Adult Signature Restricted Delivery $ _ Postmark Here ) contact Barry Love with the Water Quality Section in the email at barry.love@ncdenr.gov. ply, ey Basinger, Regional Supervisor duality Regional Operations Section vilie Regional Office l of Water Resources, NCDEQ City, b► 1�11i, pi 2015' PSN 753-Pe2-0oo-so47 , See R Reverse for instructions P5Fo State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 January 29, 2016 Mr. Barry L Webb, City Manager City of Belmont PO Box 431 Belmont, NC 28012-0431 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2016-DV-0021 Sanitary Sewer Overflows - December 2015 Collection System Permit No. WQCS000462:' Belmont Collection System Gaston County Dear Mr. Webb: The self -reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Belmont indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 201501925 12/23/2015 150 Oak parkway Lift Station Severe Natural 1,200 1,200 Notice of Violation Condition 201501952 12/28/2015 52 1037 Wilkinson Street Debris in line, Grease 416 416 Notice of Violation 201502095 12/30/2015 37 Clay Lift Station off Clay Severe Natural 222 222 Notice of Violation Street Condition 201502097 12/30/2015 353 Stowe Lift Station off Oaks Severe Natural 2,118 2,118 Notice of Violation Parkway Condition State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 201502100 12/30/2015 174 Cason Lift Station off Cason Severe Natural 1,044 1,044 Notice of Violation Street Condition 201502102 12/30/2015 255 Intersection of Volt Street Severe Natural 2,040 2,040 Notice of Violation and River Drive Condition 201502104 12/30/2015 150 6th Street Right of Way Severe Natural Condition 1,200 1,200 Notice of Violation 201600048 12/23/2015 80 Volk Street and River Drive .Severe Natural 960 960 Notice of Violation Condition Remedial actions, if not already implemented, should be taken to correct the above noncompliance. If you have any questions, please do not hesitate to contact Barry Love with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at barry.love@ncdenr.gov. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc:. Mooresville Regional Office - WQS File Gary Gallagher, City of Belmont, ORC Central Files, Water Quality Section State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 1. WaerlResnirces • t=iOrcRti *1 t4 AL;ciii.as.caty January 12, 2016 Barry L Webb; City Manager City of Belmont PO Box 431 Belmont, NC 28012-0431 SUBJECT: . NOTICE OF VIOLATION Tracking Number: NOV-2015-DV-0294 Sanitary Sewer Overflows - November 2015 Collection System Permit No. WQCS00046 Belmont Collection System Gaston County TVTP:CE:DR .' .Gar erier DP:h..TA:;., N 5erre�rj: S I C ZIMu .;'s,1 RMANNT D. re cror Dear Mr. Webb:: The self -reported Sanitary Sewer Overflow (SSO) 5-Day Reports submitted by City of Belmont for the month of November 2015 indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1.' Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required.. Specific incident(s):cited in the subject report include the following: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water. (Gals): :(Gals)' DWRAction 201501637 11/9/2015 90 773 Kason Street Severe Natural Condition 480 480 Notice of Violation 201501635 . 11/9/2015 60 Volk Street Severe Natural 560 480. Notice. of Violation Condition Remedial actions, if not already implemented, should be taken to correct the above noncompliance: State of North Carolina I Environmental QualityI Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 If you have any questions, please do not hesitate to contact Barbara Sifford with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at Barbara.Sifford©ncdenr.gov. Sincerely, . . W: Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Mooresville Regional Office — WQCS00046 File Danny Whisnant -ORC Central Files, Water Quality Section State of North Carolina I Environmental Quality I Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 ATA F NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director John E. Skvarla, III Secretary April 5, 2013 Mr. Barry Webb, City Manager City of Belmont P.O. Box 431 Belmont, NC 28012 Subject: Enforcement Tracking No. NOV-2013-DV-0071 Collection System Permit Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: This office issued an NOV-2013-DV-0071 on March 8, 2013 for the January SSOs to the City of Belmont. Upon review of the City of Belmont's letter dated March12, 2013 the Mooresville Regional Office is not pursuing any enforcement actions against the City of Belmont for SSO's that occurred during the month of January 2013. Thank you for your response and if you have any questions regarding this letter please do not hesitate to contact Barbara Sifford 704-663-1699. Sincerely, Michael L. Parker Regional Supervisor Division of Water Quality— Surface Water Section Mooresville Regional Office Cc: ORC System —Gary Gallagher PERCS FILES Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 l Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.orglweb/wq An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled/1 O% Post Consumer paper NorthCarolina Natureff Violator: NOV #: Enforcement Case #: Ogees NCDENR - Division of Water Quality Surface Water Protection Section Sanitary Sewer Overflow Penalty Matrix / /01/ac27/ Assessor: Date: ) (2012) SSO Date: / /6727.3 Incident #: 2 2 O/36 1a• ASSESSMENT FACTORS G.S.143s-282.1(b) LittO .9 1. Harm: 2. Duration and Gravity of the Violation (f 3. Effect on Water Quantity or Quality: N 4. Cost of Rectifying Damage: a, 5. Amount saved by. Noncompliance: II 6. Violation was committed willfully or intentionally: ,( 7. Prior record of failing to comply with Sanitary Sewer Overflows: ri 8. Enforcement Costs: PENALTY AMOUNT: Comments: SSO Penalty Matrix 1 31 08 DIVISION OF WATER QUALITY March 12, 2013 City of Belmont MAR 14 2013 MOORESV:LLE: [i.Ec=InNAf nFFior 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 7099 3400 0911 1305 6045 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Michael L. Parker - Surface Water Protection Section Regional Supervisor Ref: Notice of Violation - Tracking No. NOV -2013 -DV-0071 City of Belmont - WQCS00046 Dear Mr. Parker: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201300038- This spill incident, located at the manhole in the intersection of South Main Street and Myrtle Street, was the result of roots in the 8" sewer main. City crews responded to reports of the overflow and immediately began to clear the obstruction with the use of our sewer jet machine. Once the root ball was removed, the area was cleaned up by the crew. This portion of the main was videoed, after an application of root killer had been applied. The video showed that the root problem had been mitigated and this main appeared to be in good shape. On behalf of the City of Belmont we believe that this was an isolated incident and have placed this section of the main on the bi-annual inspection list. Incident # 201300102 - This spill incident, located at 30 Myrtle Street, was the result of a broken 8" sewer main in our collection system. City crew's responded to reports of a leak indicating that a sewer back-up was present. Upon arrival and inspections, they immediately began to dig at this location to find the source of the leak. Once the broken clay pipe was discovered, we called in a stand-by vendor to perform emergency pumping at the lift station. The Clay Street lift station force main empties into a manhole approximately 600 yards upstream of the leak location. Work crews discovered that the main, estimated to be approximately 70 years of age, had split open within a standard section of the pipe. We also, found small pieces of pipe, brick and rock in the line. Public Works Collections Division replaced a 15foot section of the 8" main and jetted the main, to remove any further obstructions. The main was videoed, after the repair, and was shown to be in good condition. Pumps were turned back on and the lift station was placed back into full operation. On behalf of the City of Belmont we believe this incident was a result of unforeseen failure of the pipe material, as no further activity has taken place. A backup approximately 350 yards downstream, located at the corner of South Main Street and Myrtle Street that involved a .root ball earlier in the month, was not a contributing factor in this break. Sincerely yours; Charles B. Flowers, Jr. Utility Director Cc: David Isenhour- Director of Public works Barry Webb - City Manager Gary Gallagher -Collection System ORC Danny Whisnant-Back-up Collection System ORC Sandra Edwards - Wastewater Plant Superintendent Jerry Hatton- Engineer TVa ATA NCDENR IL North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P.E. Governor Director John E. Skvarla, III Secretary March 8, 2013 CERTIFIED MAIL # 7010 0290 0000 4565 1738 RETURN RECEIPT REQUESTED Mr. Barry Webb, City Manager City of Belmont P. O. Box 431 Belmont, NC 28012 Subject: Notice of Violation and Recommendation for Enforcement Tracking No. NOV-2013-DV-0071 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of.Belmont's self -reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for January 2013. This review has shown the City of Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143-215.1(a)(1). The violations that occurred during January 2013 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement" are the 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 have 15 days from receiving this Notice of Violation letter to provide any additional justification for the identified SSOs as to why these spills do not meet the criteria listed in this letter for civil penalty assessment. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet http://portal.ncdenr.org/web/wq NorthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer — 30% Recycled/10% Post Consumer paper Mr. Barry Webb NOV-2013-DV-0071 Page 2 If you have any questions regarding this policy please do not hesitate to contact Ms. Barbara Sifford or myself at 704-663-1699. v a_ — 0 Lai u) ci a3a, Z 3 Rco ro f E 0 (0tf) ir.a.naz I uJ cc CL —J CO 0 cp 11.1 rn Et) L.r) Ji LO rzi 1:3 1:3 rU C3 LL ly, L. Parker I Supervisor of Water Quality- Surface Water Section ille Regional Office Postal Service im CERTIFIED 1111POL,,,., RECEIPT ome.sticrMail Only; No Insurance Coverage Provided) For detivery intermation visit our iiebsite at wwiv.uSps.corne, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery.Fee (Endorsement Required) AiA Qostmark ^i/7 tier 6 .2673 Z \ ' i To N.,,.. CITY OF BELMONT — Seni PO BOX 431 :J176 BELMONT NC 28012 . -F-'• ATTN: MR BARRY WEBB, CITY MGR. City, sw /bs 3/8/13 .PS Form 3800. August 2006 ......... ............ See Reverse tor Instruction§ Permit # Location ' Attachment A City of Belmont January 2013 Incident # Start Date WQCS00046 Corner of Myrtle & Main 201300038 WQCS00046 9 Henry St WQCS00046 Lee and Ferrel ROW WQCS00046 30 Mrytle Street 201300040 201300084 201300102 5 Day Gallons 01/04/13 300 01/04/13 135 01/14/13 360 01/16/13 752 5 Day Vol. Reaching NOV Case Surface Water 300 135 360 752 Debris Pipe Violation Action in line Grease Failure Roots (Break) NOV-2013-DV-0071 Proceed to No No No Yes Enforcement No Action, BPJ No Yes No No No Action, BPJ Yes No No No NOV-2013-DV-0071 Proceed to Enforcement Yes No Yes No 1 Av4L71 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director Eft,S Dee Freemq, Secretary December 20, 2012 Mr. Barry Webb, City Manager City of Belmont P. O. Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2012-DV-0234 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self -reported Sanitary Sewer Overflows (SSOs) 5-Day Reports) for November 2012. This review has shown the City of Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143-215.1(a)(1). The violations that occurred during November 2012 are summarized in Attachment A. Remedialand 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement" are the 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 have 20 days from receiving this Notice of Violation letter to provide any additional justification for the identified SSOs as to why these spills do not meet the criteria listed in this letter for civil penalty assessment. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.orgiweb/wq Nne orthCarolina Naturally An Equal Opportunity t Affirmative Acton Employer — 30% Recyciedll0% Post Consumer paper Mr. Barry Webb NOV-2012-DV-0234 Page 2 If you have any questions regarding this policy please do not hesitate to contact Mr. Lon Snider or myself at 704-663-1699. Sincerely, Marcia Allocco Acting Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachment — A Cc: PERCS Files Permit # WQCS00046 WQCS00046 WQCS00046 WQCS00046 Location 12 Mill Street ROW off Hwy 74 near Caldwell Street ROW at Lowes ROW at Lowes Attachment A City of Belmont Collection System November 2012 5Day Vol. Incident # Start Date Reaching Surface Water 201201826 11/08/12 240 240 201201844 11/09/12 200 200 201201862 11/10/12 1600 1600 NOV-2012-DV-0234 201201863 11/12/12 640 640 NOV-2012-DV-0234 24 Hour Gallons NOV Case Violation Action No Action, BPJ No Action, BPJ Proceed to NOV Proceed to NOV Cause: Debris in line Yes Yes Yes Yes Cause: Grease No Yes No No City of Belmont RECEIVED DIVISION OF WATER QUALITY JAN 1.1 2013 SWP SECTION MOORESVILLE REGIONAL OFFICE 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 January 2, 2013 Certified Mail Receipt # 7099 3400 0011 1305 6632 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Marcia Allocco -Acting Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2012 -DV-0234 City of Belmont - WQCS00046 Dear Ms. Allocco: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201201862- This spill incident, located at the manhole on the Right -of -Way near Lowe's Home Improvement just off of Hwy 74, was the result of mop heads being disposed of improperly into the sanitary sewer system. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to remove the obstruction of Mop heads, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, we believe that this incident was the result of private businesses disposing of mop heads into the sanitary sewer system. Letters and personal contact was made with all businesses in the immediate area on November16, 2012. We have also, hand delivered additional educational material to the customers in the immediate area of this incident. Incident # 201201863- This spill incident, located at the manhole on the Right -of -Way near Lowe's Home Improvement just off of Hwy 74, was the result of rags and mop heads being disposed of improperly into the sanitary sewer system. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to remove the obstruction of rags and mop heads, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, we believe that this incident was the result of private businesses disposing of mop heads into the sanitary sewer system. Letters and personal contact was made with all businesses in the immediate area on November16, 2012. We have also, hand delivered additional educational material to the customers in the immediate area of this incident. Additionally, the City of Belmont contracted with Jaamco to have this portion of the line re -cleaned and jetted, to insure that all of the debris was removed from the line. 1 Sincerely ours; l Charles B. Flowers, Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System Page 2 of 3 c.s "tn NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 20, 2010 CERTIFIED MAIL, RETURN RECEIPT REQUESTED # 7008 1140 0002 2716 2197 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2010-DV-0220 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for April 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during April 2010 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 deteuniining 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper NorthCarolina Naturally Mr. Barry Webb NOV-2010-DV-0220 Page 2 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 20 days from receiving this Notice of Violation letter to nrnvirlP ' I'1"- ^ —1 justification for the identified SSOs as to why in this letter for civil penalty assessment. m a _ coc .a e, 2LT C7 v)� `a m m Z 3 g' _ 0a` w U fU [N`- ipostage ru Certified Fee ni Return Receipt Fee D (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ra T U.S. Postal Service,,, CERTIFIED MAILTM RECEIPT (Domestic. Mail Only; No; Insurance Coverage Provided) information visit our v ebsite at www.Usps.como OFFMIIA For deliv`@ry i g � MR BARRY WEBB, CITY MANAGER sei CITY OF BELMONT InPOBOX 431 N or' BELMONT NC 28012 "air swp/(S 5/20/10 PS Form 3800; AUgust 2006 this policy please do not hesitate to contact Mr. Lon Sincerely, Marcia Allocco Acting Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Sec`Reverse lorInstructions. 1, Permit # Attachment A City of Belmont Collection System April 2010 24 Hour 5 Day Vol. Location Incident # Start Date Gallons Reaching Surface NOV Case Water WQCS00046 Rail Road Tracks on 1st St 201001359 04/05/10 600 560 NOV-2010-DV-0220 WQCS00046 Hwy 74 ROW at Lowes 201001513 04/21/10 540 536 NOV-2010-DV-0220 Violation Action Proceed to NOV Proceed to NOV Cause: Debris in line Yes Cause: Grease No Yes Yes She1byNORTHCAROLIN Post Office Box 207 • Shelby, NC 28151-0207 April 27, 2010 Mr. Robert B. Krebs, Surface Water Protection Section Supervisor Division of Water Quality, Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Re: Notice of Violation Tracking #NOV-2010-DV-0169 Collection System Permit #WQCS00037 City of Shelby, Cleveland County Dear Mr. Krebs: APR 2 8 2010 The City of, Shelby has received the above referenced Notice of Violation dated April 14, 2010 regarding the sanitary sewer overflows occurring on 03/06/10 and 03/23/10. The City is providing the following additional information for your consideration. In both of these instances these overflows have been attributed to root intrusion in 8" clay sewer lines. The City of Shelby continues to operate an active maintenance program that utilizes camera work, jetting, and rodding in a system that contains mostly clay pipe. The City has identified a number of areas that have root issues and we have making strides to identify these areas in our GIS mapping system and we have also made significant strides with increased maintenance in these areas. With the occurrence of problems, these areas have been added to the list and will be cleaned more frequently. Over the past year or so the City of Shelby has also been working to improve sewer right of ways to make sure that we have adequate access to all sewer lines and to also decrease chances of root intrusion in heavily wooded areas. Root intrusion in sewer systems cannot be completely stopped, however we make every effort to reduce its impacts. As with all spill issues, the City of Shelby mobilized City Staff to begin jetting and rodding the line to eliminate the spill within 15 minutes of notification in both situations. Both incidences were rectified within an hour. Your letter lists ten areas of review in consideration for determining civil penalty amounts for a sanitary sewer overflows. We have included the following brief responses for each item: • Volume - Poplar Circle 1270 gals; Arbor Way 1950 gals • Volume reaching surface waters - Poplar Circle 318 gals; Arbor Way 975 gals • Duration and gravity - Staff responded quickly and cleared each blockage within an hour of the overflow being identified. • Impacts to public health - There were no identified impacts to public health. www.cityofshelby.com • Fish kills - No fish kills were observed following this overflow. • Recreational area closures - No recreational areas were closed due to this overflow. • History of spills - This is the first spill from this location. The City has promptly and thoroughly addressed all instances of blockages or overflows. The City operates a proactive maintenance program that responds quickly to spill situations. • Cost of rectifying damage - No environmental damage was identified requiring remediation. • Intentional spill - This overflow was not intentional. • Money saved by non-compliance - No money was saved by this non-compliance; Shelby already operates a full time cleaning crew for the sewer lines, the emergency response and cleaning resulting from this overflow. We recognize the requirements of our Wastewater Collection System Permit and the importance to the environment and public health in the preventing sanitary sewer overflows. The City has taken a proactive approach for a number of years to be a good steward of the environment and has been recognized as such by maintaining an ISO 14001 certified Environmental Management System for water and wastewater treatment and by participating in the North Carolina Environmental Stewardship Initiative. Thank you for the opportunity to provide additional information for your consideration regarding the City's proactive approach to protecting the environment and public health, and this overflow in particular. I can be reached at 704-669-6570 or david.hux@cityofshelby.com. Please contact me at anytime regarding any further information or questions you might have regarding this issue. Sincerely, David Hux Assistant Utilities Director - Operations cc: JD Kimble - Field Operations Supervisor/Collection System ORC Certified Mail: 7002 2410 0005 5805 6652 www.cityofshelby.com May 25, 2010 City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 7007 2680 0002 0413 6242 North Carolina Division of Water Quality :. 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Marcia Allocco - Acting Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2010 -DV-0220 City of Belmont - WQCS00046 Dear Ms. Allocco: MAY 2 8 2010 The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201001359 - This spill incident, located at the manhole located at the end of First Street, within the Norfolk Southern Railway ROW, was the result of rags and grease build-up in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole and washed out the sewer main, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont we believe this incident was the result of residents in the area disposing of rags and grease into the sanitary sewer system. Educational material has been distributed to all resident's in this area twice this past year. Incident # 201001513 - This spill incident, located at the manhole in ROW on Hwy. 74 in front of Lowe's Home Improvement, was the result of rags and grease build-up in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole and washed out the sewer main, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont we believe this incident was the result of businesses in the area disposing of rags and grease into the sanitary sewer system. Educational material has been distributed to the businesses in this area twice this past year. Sin_ r ;j y. rs; Charles B. owers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System Page 2 of 3 1 eyye 1j NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 30, 2011 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, North Carolina 28012 FILE, Dee Freeman Secretary Subject: Enforcement Tracking No. NOV-2011-DV-0047 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: Upon review of the City of Belmont's letter dated February 23, 2011, the Mooresville Regional Office is not pursuing any enforcement actions against the City of Belmont for SSO's that occurred during the month of January, 2011. Thank you for your response and if you have any questions regarding this letter please do not hesitate to contact Mr. Lon Snider 704-663-1699. Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Cc: ORC System — Gary Gallagher Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper O Norne thCarolina Naturally NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7009 2250 0004 3265 6919 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Dear Mr. Webb: Division of Water Quality Coleen H. Sullins Director February 18, 2011 Subject: Notice of Violation and Recommendation for Enforcement Tracking No. NOV-2011-DV-0047 Collection System Permit Number WQCS00046 City of Belmont Gaston County a Dee Freeman Secretary A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for January 20.11. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during January 2011 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper Nor thCarolina Naturally . Mr. Barry Webb 'NOV-20•11-DV70047 Page 2 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 peiuiit 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " are overflows that the regional office has determined, after review of the CS-SSO 5-day report, that 0 days from receiving this Notice of tion for the identified SSOs as to why tter for civil penalty assessment. r. . RECEIVED DI8SIfJN :'7 WATER QUALITY `� FEB 2 3 2011 S SECTION OIRESVILLE REGIONAL OFFICE ' N c co vi 4) .D N E as >, 0 m 09 fV z U.S. Postal ServiceTM 'CERTIFIED MAILTM RECEIPT, (Domestic Atil Only; No Insurance Coverage:Provialed) ' For delivery information visit our website at wvww.tisps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total P Sent To Street, Ai or PO Bc .1EMU ''' � 3-4 Postrri rk �' F7l Here Mr. Barry Webb, City M� rnage-r City of Belmont PO Box 431 Belmont NC 28012 y please do not hesitate to contact Mr. Lon y, 3. Krebs Water Protection Section Supervisor i of Water Quality ville Regional Office Permit # Attachment A City of Belmont Collection System January 2011 Location Incident # Start Date 5 Day Vol. 24 Hour Reaching Gallons Surface Water NOV Case Violation Action Cause: Grease WQCS00046 Lee Ferrell Ave ROW 201100114 01/13/11 2152 2152 NOV-2011-DV-0047 Proceed to Enforcement Yes WQCS00046 13 Linestowe Dr 201100172 01/24/11 679 679 NOV-2011-DV-0047 Proceed to NOV Yes City o ehnont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 February 23, 2011 Certified Mail Receipt # 7099 3400 0011 1305 6090 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 RECEIVED Attn: Robert B. Krebs -Surface Water Protection Section Supervisor DIVISION OF WATER QUALITY Ref: Notice of Violation - Tracking No. NOV-2011 -DV-0047 City of Belmont - WQCS00046 Dear Mr. Krebs: FEB 2 5 ? n' 1 IIJ3,,�f� R �•� f'.4�,�LL,'„ c�� 414" t !I =7;LEGIC:vAL OFFICE The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201100114- This spill incident, located at the manhole on the Nor Folk Southern ROW off of Ferrell Ave., was the result of root and grease build up in the main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to remove the obstruction, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. This portion of the main has been placed on a regular maintenance schedule. After further inspection of this main, with our sewer video camera, we contracted with an outside vendor to remove the remaining roots and washout the main. After the washout, the main was videoed once again to confirm that all obstructions on this portion of the main, where free and clear. Also, we have gained and cleared a new entry ROW to this manhole. The new ROW will allow our crew's easier access to this area and allow for our crew's to perform their regular scheduled maintenance on this portion of the main. On behalf of the City of Belmont, we believe that this incident was the result of residents disposing of grease into the sanitary sewer system. Educational material was sent out to all of our residential and commercial customers on October 29, 2010. We have also, hand delivered additional educational material to the customers in the immediate area of this incident. Incident # 201100172- This spill incident, located at the manhole near 13 Linestowe Dr., was the result of grease build up in the main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to unstop the overflowing manhole and washed out the main, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, we believe that this incident was the result of residents disposing of grease into the sanitary sewer system. Educational material was sent out to all of our residential and commercial customers on October 29, 2010. We have also, hand delivered additional educational material to the customers in the immediate area of this incident. Smccer you; Charles B. Flowers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System Page 2 of 3 A.* FILE/ NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Dear Mr. Webb: November 15, 2010 Notice of Violation Tracking No. NOV-2010-DV-0395 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dee Freeman Secretary A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for October 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during October 2010 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: viww.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper Nor thCarolina Naturally Mr. Barry Webb NOV-2010-DV-0395 Page 2 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 peuniit 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 20 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments Cc: ORC System —Gary Gallagher PERCS Files Attachment A City of Belmont Collection System October 2010 5 Day Vol. Permit # Location Incident # Start Date 24 Hour Reaching NOV Case Violation Action Cause: Debris in Gallons Surface Water line WQCS00046 Right of Way behind Lowes 201002977 10/17/10 960 960 NOV-2010-DV-0395 Proceed to NOV Yes NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary January- 21, 2011 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2011-DV-0009 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for December 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during December 2010 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 maybe 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer— 50% Recycled/10% Post Consumer paper One NorthCarolina Mr. Barry Webb NOV-2011-DV-0009 Page 2 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 unpeiniitted discharge. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 20 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments Cc: ORC System —Gary Gallagher PERCS Files Attachment A City of Belmont Collection System December 2010 t'anse: 5 Day Vol. Cause: 24 HourOther_Tease Permit # Location Incident # Start Date Reaching NOV Case Violation Action Debris in Gallons Surface Water line explain in Part 11Z WQCS00046 106 Main St 201003332 12/18/10 5 2 No Action, BPJ Yes No WQCS00046 5016 Preystine Estate Dr 201003355 12/23/10 100 780 NOV-2011-DV-0009 Proceed to NOV No Yes ATA NICDEN North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director December 21, 2010 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2010-DV-0421 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: Dee Freeman Secretary A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for November 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during November 2010 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/1 O% Post Consumer paper One NorthCarolina 2itturaIly Awrf HCDENR F�L LS North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 17, 2011 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2011-DV-0062 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for February 2011. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during February 2011 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled/10% Post Consumer paper One NorthCarolina Naturally i � e North Carolina Department oi Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 18, 2011 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2011-DV-0214 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: Dee Freeman Secretary A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for July 2011. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during July 2011 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper North Carolina Naturally ivlr. Barry Webb NOV-2011-DV-0214 Page 2 t.; 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 20 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attaclunents Cc: ORC System —Gary Gallagher PERCS Files Attachment A City of Belmont Collection System July 2011 5 Day Vol. 24 Hour Reaching Cause: Permit # Location Incident # Start Date Gallons Surface NOV Case Violation Action Grease Water WQCS00046 Hwy 74 near Lowes Home Imp 201/01463 07/20/11 1008 1008 NOV-2011-DV-0214 Proceed to NOV Yes City of Belmont P,ECEIVE© DIVISION OF WATER QUALITY AUG 25 2011 Si�1P SECTION MOORESVILLE REGIONAL OFFICE 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 August 23, 2011 Certified Mail Receipt # 7099 3400 0011 1305 6069 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs -Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV-2011 -DV-0214 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201101463- This spill incident, located at the manhole off of Highway 74 near Lowe's Home Improvement, was the result of grease build up in the sanitary sewer system. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to remove the obstruction of grease, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, we believe that this incident was the result of residents and private businesses disposing of grease into the sanitary sewer system. Educational material was sent out to all of our residential and commercial customers on October 29, 2010. We have also, hand delivered additional educational material to the customers in the immediate area of this incident. Sincerely yours; Charles B. Flowers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System A 17;AnAmemma NCDENR North Carolina Department of Environment.and Natural Resources Beverly Eaves Perdue Governor CERTIFIED MAIL - RETURN RECEIPT REQUESTED # 7010 2780 0003 1461 7757 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Dear Mr. Webb: Division of Water Quality Coleen H. Sullins Director July 15, 2011 Subject: Notice of Violation and Recommendation for Enforcement Tracking No. NOV-2011-DV-0188 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dee Freeman Secretary A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for June 2011. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during June 2011 are summarized in Attaclunent A. Remedial and corrective actions, if not already implemented, should be taken to prevent further SSOs. As of December 1, 2007, any reportable SSO maybe 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycledll0% Post Consumer paper Nor thCarolina )0aturallit Mr. Barry Webb NOV-2011-DV-0188 Page 2 • X QF_CEIVED o WATER QJALITY �JI IISION OF WA;r `4 JUL i 9 2011 ham' :>I.�li l 51J1v MOORESVILLE REGIONAL OFFICE 7' �t; 0 t.n 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " are overflows that the regional office has determined, after review of the CS-SSO 5-day report, that u have 20 days from receiving this Notice of justification for the identified SSOs as to why in this letter for civil penalty assessment. ® N ci 112 U u.l op w z N 1 = 0 ai z w w I— I__ UJ s.K "' o 0 c-1 Ilk,' = A w N on p w �1 s: 'a w • O cc 0 U.S. Postal ServiceTM CERTIFIED‘MAILTM RECEIPT (Dofnestic Mali Only; No Insurance Coverage. Provided) ..i his policy please do not hesitate to contact Mr. Lon Sincerely, Robert B. Krebs - Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office For delivery Information visit our website at www.usps.come �) �llC AL USE Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) To Sen Stre orP City PostitQtark Mere MR BARRY WEBB, CITY MANAGER CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/Is 7/15/11 PS Form 3E 00, August 2006 See. Reverse for Instructions Attachment A City of Belmont Collection System June 2011 24 Hour 5 Day Vol. Reaching Permit # Location Incident # ,Start Date NOV Case Gallons Surface Water WQCS00046 1714 Cardinal Ct 201101193 06/06/11 600 600 NOV-2011-DV-0188 WQCS00046 1711 Cardinal Court 201101222 06/12/11 3880 3880 NOV-2011-DV-0188 Violation Action. Proceed to NOV Proceed to Enforcement Cause: Grease Yes Yes City of Belmont RECEIVED DIVISION OF WATER QUALITY JUL 2, 0 2011 MOORESVILL- REGIONAL OFFICE 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 July 19, 2011 Certified Mail Receipt # 7099 3400 0011 1305 6076 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs -Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV-2011 -DV-0188 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201101193- This spill incident, located at the manhole in the rear yard of 1714 Cardinal Court, was the result of excessive grease build-up in the sanitary sewer system. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to remove the obstruction of grease, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, we believe that this incident was the result of residents improperly disposing of grease into the sanitary sewer system. Educational material was sent out to all of our residential and commercial customers on October 29, 2010. We also, hand delivered additional educational material to the customers in the immediate area of this incident on June 8, 2011. Incident # 201101222- This spill incident, located at the manhole in the rear yard of 1711 Cardinal Court, was the result of excessive grease build-up in the sanitary sewer system. This incident was just upstream of a prior incident of the same cause earlier in the month. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to remove the obstruction of grease, via our sewer jet machine. The City of Belmont also, contracted with Stanley Environmental to assist in cleaning this line with larger equipment. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, we believe that this incident was the result of residents improperly disposing of grease into the sanitary sewer system. Educational material was sent out to all of our residential and commercial customers on October 29, 2010. We also, hand �.p delivered additional educational material to the customers in the immediate area of this incident on June 8, 2011. Since the occurrence of both of the above mentioned incidents, the City of Belmont has placed the entire neighborhood on a weekly inspection and has been cleaning as needed. Charles B. Flowers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System Page 2 of 3 41* NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary August 17, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7009 2250 0004 3265 7138 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation and Recommendation for Enforcement Tracking No. NOV-2010-DV-0312 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for July 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during July 2010 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 maybe 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 deteiinining 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper Nne orthCarolina Naturally 7009 2250 a ;, a. _ .6 co u_ 0 'notS d z ma i Ana r w U w to J L •_ CI__ N .D t0 AUG 1 g 2010 oo 2 MOGRESVILLE U S. PostaI,ServiceTM CERIFI,ED MAILTM'RECEIPT (Domestic Mall' pntyLlpefigiittchice Coverage Provided) Mr. Barry Webb NO V-2010-D V-0312 Page 2 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " are �;d, after review of the CS-SSO 5-day report, that lave 20 days from receiving this Notice of tification for the identified SSOs as to why his letter for civil penalty assessment. • • For Information, visitour website at www us`ps.com® , )g 11 0 AL USE Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tc Ser CIO NMI 'dolt MR BARRY WEBB, CITY MANAGER CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/ls 8/17/10 PS'forrn 38db, August 2006 See Reverse.idr Iristructions policy please do not hesitate to contact Mr. Lon acerely, )bert B. Krebs .rface Water Protection Section Supervisor vision of Water Quality ooresville Regional Office Attachment A City of Belmont Collection System Permit # Location Incident # Start Date 24 Hour Gallons July 2010 5 Day Vol. Cause: Pipe Reaching NOV Case Violation Action Failure Surface Water (Break) WQCS00046 105 Hugh Street 201002074 07/10/10 3600 3600 NOV-2010-DV-0312 Proceed to Enforcement Yes City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 August 20, 2010 Certified Mail Receipt # 7007 2680 0002 0413 6273 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 RECEID Mooresville, North Carolina 28115 DIVISION OF WATER Attn: Robert B. Krebs -Surface Water Protection Section Supervisor QUALITY Ref: Notice of Violation - Tracking No. NOV -2010 -DV-0312 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: AUG 2 3 2010 P SECTION MOORESVILVLE REGIONAL OFFICE Incident # 201002074 - This spill incident, located on a force main near 105 Hugh Street, within the City of Belmont's ROW, was the result of pipe failure on the 8"ductile iron force main. City crew's responded to the break immediately when notified of the incident. Upon arrival and inspection the crew immediately began to repair the break. Lime was placed in the immediate area of the spill after the break was repaired. The City of Belmont contracted with Stanley Environmental Inc., to assist with hauling the waste from the Point Crossing lift station to the head works of our waste treatment plant. This was done to limit additional sewer discharge reaching the ground or the stream. Sincerely yours; arles B Fl ers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 June 29, 2010 Certified Mail Receipt # 7007 2680 0002 0413 6259 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Marcia Allocco -Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2010 -DV-0246 City of Belmont - WQCS00046 Dear Ms. Allocco: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201001814 - This spill incident, located at the manhole located in the Ferrell Ave. Outfall within the Norfolk Southern Railway ROW, was the result of root build-up in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole and washed out the sewer main, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. Sincerel har es Bowers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System Jul. - 1 2010 City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 November 16, 2010 Certified Mail Receipt # 7099 3400 00111g05 6113 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301co cn Mooresville, North Carolina 28115 r m Attn: Robert B. Krebs -Surface Water Protection Section Supervisor ai t. mn 0 COO Ref: Notice of Violation - Tracking No. NOV -2010 -DV-0421 zz N.)City of Belmont - WQCS00046 o Dear Mr. Krebs: 0 -n m C) m The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201003127- This spill incident, located 103 Sacco Street was the result of a build-up of rags and pipe material in the 8" main. City crew's responded to the break immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to unstop the main via our sewer jetting machine. Lime was placed in the immediate area of the spill after the overflow was stopped. After further inspection of the main, with our sewer video camera, we discovered a portion of the main had failed. This portion was located directly under the house located at 103 Sacco Street. Our crew immediately began to by-pass pump this portion of the main, to prevent further overflows in this area. The City of Belmont, to prevent future overflows in this area, has replaced 740' of the 8" main from Clay Street to the Woodrow Ave . ROW. The new main was relocated within the Utility ROW along Sacco Street to the front of the homes. The City of Belmont also provided the affected homes with new taps and service connections. The total cost incurred by the City of Belmont to relocate this portion of the sewer main was $63,410.00. On behalf of the City of Belmont, as reported on form CS-SSO on 11/12/2010, we would like to advise your office that none of this overflow reached surface waters. The spill was contained within a ditch located adjacent to 103 Sacco Street. City crews removed the contained waste water from the ditch and limed the area. Incident # 201003205- This spill incident, from the manhole located at 4080 Belle Meade Circle, was the result of grease build-up in the 8" main. City crew's responded to the spill immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole and washed out this section of the sewer main, via our sewer jet machine. Lime was placed around the immediate area of the spill, once the overflow was stopped. January 24, 2011 City of Belmont RECEIVED DIVISION OF I,nIATER QUALITY JAN 2 6 2011 SWP SECTION MOORESVILLE L OFFICE Certified MailREGIONAReceipt #I 7099 3400 0011 1305 6106 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs -Surface Water Protection Section Supervisor 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Ref: Notice of Violation - Tracking No. NOV-2011 -DV-0009 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201003355- This spill incident, located 5016 Graystone Estates Dr. was the result of a malfunction in the air relief valve on the 4" force main leading to the lift station in the Graystone subdivision. City crew's responded to the break immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to backwash the air relief valve with an air compressor, to remove an obstruction. This air relief valve has been placed on a regular maintenance schedule. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, as reported on form CS-SSO on 12/23/2010, we would like to advise your office that that the correct address for this incident was 5016 Graystone Estates Drive. Sincerg,ly1 s; Charles B. Flowers, Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System City of Belmont RECEIVED DIVISION OF WATER QUALITY MAR 2 2 ?Oil MOORES1fgL.LaE REGIONAL OFFICE 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 March 21, 2011 Certified Mail Receipt # 7099 3400 0011 1305 6083 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs -Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV-2011 -DV-0062 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 201100250- This spill incident, located at the manhole at 205 Glenway Street, was the result of rags being disposed of improperly into the sanitary sewer system. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection, the crew immediately began to remove the obstruction of rags, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont, we believe that this incident was the result of residents and private businesses disposing of rags into the sanitary sewer system. Educational material was sent out to all of our residential and commercial customers on October 29, 2010. We have also, hand delivered additional educational material to the customers in the immediate area of this incident. Sincerely yours; harles B. Towers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System A_TA NC ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 13, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7008 1140 0002 2716 2302 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2010-DV-0278 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for June 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during June 2010 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper NotthCarolina Naturally Mr. Barry Webb NOV-20 10-DV-0278 Page 2. 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. w 0 w w (1) The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " are • X • JUL- .15 2010 c 1 N 1, m z cri 0 a 0 W Lu as cc a a) rZ E cc cc w w COI — ,a 4 Z a v O W I— o � 'ti= LL LLf 0_ CCa) D o 00 U z W J c-I > rr) 11.1 CC I--- O O U.S. Postal ServiceTM CERTIF ED MAIL,,, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.come FF Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tota Sent •7 Street, orPO City, S SE P��ssimafK �14; ere • {�-t. , MR BARRY WEBB, CITY MANAGE/ - CITY OF BELMONT PO BOX 431 BLEMONT NC 28012 swp/ls 7/13/10 3Lt PS Form 3800, August 2006 See Reverse for Instructions. mined, after review of the CS-SSO 5-day report, that :on have 20 days from receiving this Notice of l justification for the identified SSOs as to why in this letter for civil penalty assessment. this policy please do not hesitate to contact Mr. Lon Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachment A City of Belmont Collection System June 2010 24 Hour5 Day Vol. Permit # Location Incident # Start Date Gallons Reaching Surface Water WQCS00046 R-O-W Ferrell @ Railroad Tracks 201001992 06/28/10 500 500 NOV Case Violation Action Cause: Roots NOV-2010-DV-0278 Proceed to NOV Yes July 15, 2010 City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 7007 2680 0002 0413 6266 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs -Surface Water Protection Section Supervisor JUL 1 6 2010 Ref: Notice of Violation - Tracking No. NOV -2010 -DV-0278 City of Belmont - WQCS00046 Dear Ms. Allocco: The City of Belmont is in receipt of the above NOV and as required by your Letter, our response to this violation is as follows: Incident # 201001992 - This spill incident, located at the manhole located in the Ferrell Ave. Outfall within the Norfolk Southern Railway ROW, was the result of root and silt build-up in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole and washed out the sewer main, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. The City of Belmont has contracted with Jaamco Inc., to assist with a thorough cleaning and inspection of this portion of our collection system. This procedure should insure that we clear this line of all roots and silt build-up. Sincerel Charles B, owers, Jr. Utility erector Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System ie ATA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary April 14, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7008 1140 0002 2716 2104 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2010-DV-0165 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for March 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during March 2010 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper One NorthCarolina 72atllrallif may result in a civil rR ru r� fU w 0 • X 0 N a. N 0) E m 0 Mr. Barry Webb NOV-2010-DV-0165 Page 2 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " are overflows that the regional office has deteiniined, after review of the CS-SSO 5-day report, that. r_ -a have 20 days from receiving this Notice of justification for the identified SSOs as to why n this letter for civil penalty assessment. U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (I omesti Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com®, Postage Certlfled Fee N Retum Receipt Fee D (Endorsement Required) O D r1 r1 O f`- Restricted Delivery Fee (Endorsement Required) S6 Si or C1 Postmark Here , MR BARRY WEBB, CITY MANAGER CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/ls 4/ 14/ 10 ,PS Form 3800, August 2006 >is policy please do not hesitate to contact Mr. Lon sincerely, 4arcia Allocco acting Surface Water Protection Section Supervisor ►ivision of Water Quality looresville Regional Office See Reverse for Inslructions Permit # Location Incident # Start Date Attachment A City of Belmont March 2010 24 Hour Gallons 5 Day Vol. Reaching Surface Water NOV Case Cause: Cause: Pipe Violation Action Debris in Failure line (Break) WQCS00046 Manhole behind Cason PS 201001013 03/01/10 800 800 NOV-2010-DV-0165 Proceed to NOV Yes No WQCS00046 ROW at Lowes on Hwy 74 201001029 03/03/10 150 150 No Action, BPJ No Yes April 22, 2010 City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 7007 2680 0002`04136235: North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Marcia Allocco - Acting Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2010 -DV-0165 City of Belmont - WQCS00046 Dear Ms. Allocco: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: APR 2 3 2010 Incident # 201001013 - This spill incident, located at the Manhole behind the Cason Street pump -station, was the result of rags and paper build-up in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole and washed out the sewer main, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont we believe this incident was the result of residents in the area disposing of rags into the sanitary sewer system. Sincerely ours; .G� har es Fl ers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections System Sandra Craft - Wastewater Plant Superintendent Jerry Hatton- City Engineer Danny Whisnant- Back -Up ORC Collections System 4- ATA, NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 17, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7008 1140 0002 2716 2258 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2010-DV-0246 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for May 2010. This review has shown Belmont to be in violation of the requirements found in Collection System Penult WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during May 2010 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper NorthCarolina Mr. Barry Webb NOV-2010-DV-0246 Page 2 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. w U cc w Li" nJ RI ^ ' 101 Return Receipt Fee p (Endorsement Required) D The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " are ined, after review of the CS-SSO 5-day report, that i have 20 days from receiving this Notice of ustification for the identified SSOs as to why this letter for civil penalty assessment. • 'iis policy please do not hesitate to contact Mr. Lon rR r1 U.S. Postal Servicemi CERTIFIED MAILTM RECEIPT (Domestic MailiDnly; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms FF C1 L USE Postage Certified Fee Restricted Delivery Fee (Endorsement Required) Poshnads. 71 Here'.43 m MR BARRY WEBB, CITY MANAGER CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/ls 6/17/10 PS Form 3600, August.,2006 incerely, Zobert B. Krebs ;urface Water Protection Section Supervisor Division of Water Quality 400resville Regional Office ee 'ever for Instructions Attachment A City of Belmont Collection System May 2010 5 Day Vol. Reaching Permit # Location Incident # Start Date 24 Hour Gallons Surface Water WQCS00046 Ferrel Ave Outfall @RR Track MH 201001814 05/25/10 450 NOV Case Cause: Violation Action Roots 450 NOV-2010-DV-0246 Proceed to NOV Yes Beverly Eaves Perdue Governor Ar°1c•irii NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director Secretary August 13, 2009 CERTIFIED MAIL. RETURN RECEIPT REQUESTED # 7007 1490 0004 4510 2756 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2009-DV-0229 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for July 2009. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during July 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper NorthCarolina Naturally Mr. Barry Webb NOV-2009-DV-0229 Page 2 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. 0 cn AUG 1 7 2 N u1 IL 0004 4510 O ri IL O N -6free or Pf City,' POSTAL SERVICE U w w 1— z 0 1— V) w 0 up 0 ro w1— co rV z U.S. Postal Service,. CERTIFIED MAILTt,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tot MR BARRY WEBB, CITY MANAGER Sent CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/ls 8/13/09 PS Form 3800„August 2006 See Reverse. for Instructions r violation action as "Proceed to Enforcement " are l'ed, after review of the CS-SSO 5-day report, that have 15 days from receiving this Notice of stification for the identified SSOs as to why this letter for civil penalty assessment. s policy please do not hesitate to contact Mr. Lon incerely, obert B. Krebs irface Water Protection Section Supervisor 'vision of Water Quality ooresville Regional Office Attachment A City of Belmont Collection System July 2009 Permit # Location Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Causes WQCS00046 96 E Catawba 200901840 07/14/09 600 NOV-2009-DV-01229 Proceed to NOV Debris in line, City of Belmont August 17, 2009 Certified Mail Receipt # 70 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2009 -DV-0229 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 A U G 1 8 2009 r Incident # 200901840 - This spill incident, located at the City of Belmont's manhole directly behind the old Chronicle Mill on Back Street, was the result of rags and grease build-up in the 8" main. City crews responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole, via our sewer jet machine. Lime was placed in the immediate area of the spill after overflow was stopped. On behalf of the City of Belmont we believe this incident was a result of residents disposing of grease and solid material improperly. The City of Belmont's staff has distributed educational material to all of our customers on April 30, 2009 via direct mail. Sincerely yours; iarles B. Flo Utility Dire or rs, jr. Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections Systems Sandra Edwards - Wastewater Plant Superintendent Jerry Hatton- City Engineer NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director BARRY L WEBB CITY OF BELMONT PO BOX 431 BELMONT NC 28012 SUBJECT: Dear Mr. Webb: December 10, 2009 Payment Acknowledgment Civil Penalty Assessment Belmont Collection System Permit Number: WQCS00046 Case Number: DV-2009-0047 Gaston County Dee Freeman Secretary DEC 1 1 2009 This letter is to acknowledge receipt of check number 50428 in the amount of $346.35 received from you dated December 7, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Daryl Merritt at 919-807-6398. cc: Central Files DWQ Mooresville=Regional-Office-Supervisor 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-6300 t FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer NorthCarolina Naturally 7A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 17, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1140 0002 2716 7741 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit No. WQCS00046 City of Belmont Collection System Gaston County Case No. DV-2009-0047 Dear Mr. Webb: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $346.35 ($250.00 civil penalty + $96.35 enforcement costs) against the City of Belmont. This assessment is based upon the following facts: A review has been conducted of the Collection System Sanitary Sewer Overflow Report(s) (CS-SSO) for September 2009. This review has shown the subject collection system to be in violation of the requirements found in Collection System Permit No. WQCS00046. The violation(s) that occurred are summarized in Attachment A to this letter. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper NorthCarolina Naturally Based upon the above facts, I conclude as a matter of law that the City of Belmont violated the terms, conditions, or requirements of Collection System Permit No. WQCS00046 and North Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and extent shown in Attachment A. A civil penalty may be assessed against any person who violates the terms, conditions, or requirements of a permit in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Division of Water Quality Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Belmont: $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without a permit for DWQ Incident No.200902263 which occurred on September 19, 2009. $ 250.00 TOTAL CIVIL PENALTY $ 96.35 Enforcement costs. $ 346.35 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission . must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AND Robert B. Krebs, Regional Supervisor Surface Water Protection Section 610 E. Center Avenue, Suite 301 Mooresville, North Carolina 28115 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS § 150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DENR as follows: Mary Penny Thompson, General Counsel DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the options above within thirty (30) days of receipt of this notice, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Lon Snider at (704) 663-1699. (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments PERCS Unit Enforcement File w/ attachments Central Files w/ attachments rb/ls STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF BELMONT PERMIT NO. WQCS00046 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2009-0047 Having been assessed civil penalties totaling $346.35 for violation(s) as set forth in the assessment document of the Division of Water Quality dated November 17, 2009, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of • Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2009 BY ADDRESS TELEPHONE 1 JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2009-0047 Assessed Party: City of Belmont County: Gaston Permit Number: WQCS00046 Amount Assessed: $346.35 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission. Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies: Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i. e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Attachment A City of Belmont Collection System September 2009 Permit # Location Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Causes WQCS00046 81 McAdenville Rd 200902263 09/19/09 1200 NOV-2009-DV-0288 Proceed to Grease Enforcement SUOI1011.11SUI JO asJanabi aa$ 900Z lsaBrIV '009E 111.10,d 60/LI/I I sl/dms Z I OE 3M INOIATIHEI I Et X0E1 Od INIOWTHE XJJD IIROVNVIA1 AJJD 'HA A AIDIVEE JJAJ L 1\rJW, 4i6u4sod wno id Jo TAR. JUGS (paiinbabiluowasiopu3) ea A fueAllea Paininseu (peAnbauluawasiopua) enA ichanau wnleu OOJ PeWP83 8513ISOd Gwoo'sdsrrmiam ailsciam ino lisp% uopumom Aianuep Kid (Papptoid ablvanoo axiainsui oN fleyy Onsawoa) 1d130311 1N111VIN 0311111:130 "e3PueS le/sod *s.ri F.-.0..itVttite.:7 t -1/41! VC3V i2C-rit?• ?lease print your name, address, and ZIP2r in this box D ru ru NCDENR SURFACE WATER PROTECTION 610 EAST CENTER AVE SUFI E 301 Er I MOORESSVILLE NC 28115 I:; 11 R3 C_D ( .) ( 2009) Violator: NOV #: Enforcement Case #: NCDENR - Division of Water Quality Surface Water Protection Section Sanitary Sewer Overflow Penalty Matrix 2.00ci - Dv- oZ/13.. TU-2c09-GOLt Assessor: Date: kr L4.S j SSO Date: Incident #: ASSESSMENT FACTORS O.S. 143B-282.1(b) 1. Harm: 1-€:09 6Z2 4,3 2. Duration and Gravity of the Violation 3. Effect on Water Quantity or Quality: Z,s-flv. dL.d.,Sd 2..bo 4. Cost of Rectifying Damage: 5. Amount saved by Noncompliance: 6. Violation was committed willfully or intentionally: 7. Prior record of failing to comply with Sanitary Sewer Overflows: 8. Enforcement Costs: PENALTY AMOUNT: o.. z Comments• SSO Penalty Matrix 1 _31 _08 1 (L4-VAi 24 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 9, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7008 1140 0002 2716 7642 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation Tracking No. NOV-2009-DV-0288 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for September 2009. This review has shown Belmont to be in violation of the requirements found in Collection System Peiniit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during September 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 1 Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper NorthCarolina Naturally Mr. Barry Webb L, NOV-2009-DV-0288 Page 2 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. The SSOs noted in Attachment A under violation action as "Proceed to Enforcement " 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 have 15 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments Cc: ORC System —Gary Gallagher PERCS Files Permit # WQCS00046 Location 81 McAdenville Rd Incident # 200902263 Attachment A City of Belmont Collection System September 2009 Start Date 5 Day Gallons Enforcement Number 09/19/09 1200 U.S.. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) for delivery information visit our website atwww.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tol Sent MR BARRY WEBB, CITY MANAGE' CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/Is 10/9/09 PS Form 3800, August 2006 See Reverse for Instructions NOV-2009-DV-0288 )STAL SERVICE Violation Action Causes Proceed to Enforcement Grease First -Class Mail Postage & Fees Paid USPS Permit No. G-10 ' Please print your name, address, and ZIP+4 'in this box • NCDENR SURFACE WATER PROTECT 610 EAST CENTER AVE ' SUITE 301 MOORESVILLE NC 28115 1 4 2009 i IFFIF11f111111111111111111111111111ill lFlltilililiilFlFiiI.1111 October 15, 2009 City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 7008.3230 0003 5166 0848 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor OCT 1 9 L,,,A Ref: Notice of Violation - Tracking No. NOV -2009 -DV-0288 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 200902263 - This spill incident, located at 81 McAdenville Rd. beside of Planet Fitness and Nichol's Store, was the result of rags and grease build-up in the 8" main. City crew's responded to the overflow at the Planet Fitness' sewer cleanout immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing cleanout and washed out the sewer main that the private sewer line was connected to, via our sewer jet machine. Lime was placed in the immediate area of the spill after overflow was stopped. On behalf of the City of Belmont we believe this incident was the result of businesses in the area disposing of rags into the sanitary sewer system and improper disposal of grease. The City of Belmont's FOG coordinator has spoken with the managers of the suspected businesses to advise them that this type of disposal is not permitted and the rags and grease should be disposed of properly in appropriate containers. Since ely, Charles B. Flow Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections Systems Sandra Edwards - Wastewater Plant Superintendent Jerry Hatton- City Engineer March 16, 2009 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2009 -DV-0080 City of Belmont - WQCS00046 Dear Mr. Krebs: City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 07 _ 0 02 i L MAR 1 8 2009 �p ��KO DWQ Sur lace Water }} 1Ed'V vii The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 200900313 - This spill incident, located at the City of Belmont's first manhole upstream from the Pebble Creek lift station, was the result of a grease clog in the 8" main leading to the lift station. City crew's responded to a call from another staff member indicating that a manhole near the lift station was beginning to overflow. Upon arrival and inspection, they immediately began to unstop the over flowing manhole, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont we believe this incident was a result of residents disposing of grease improperly. The City of Belmont's staff has distributed educational material (Grease Goblin pamphlet see attached pamphlet) in this neighborhood since the overflow on February 5, 2009 and on three other occasions in the past two years. We have also changed our sewer cleaning schedule for this area from bi-yearly to quarterly starting with this incident. Since el ±urs; Charles :. Flo Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections Systems Sandra Edwards - Wastewater Plant Superintendent Jerry Hatton- City Engineer • AT& NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 20, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7007 1490 0004 4510 1889 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation and Recommendation for Enforcement Tracking No. NOV-2009-DV-0159 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear. Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for April 2009. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during April 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity t Affirmative Action Employer — 50% Recycled/10%a Post Consumer paper Nne orthCarolina Naturally Mr. Barry Webb NOV-2009-DV-0 159 Page 2 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. _The SSOs _noted .in Attachment A under violation action as "Proceed to NOV " are overflows that the regional office has determined, a er review o e C5-55U 5-day report, that may result in a civil penalty assessment. You have 15 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments Cc: ORC System —Gary Gallagher PERCS Files Permit # WQCS00046 WQCS00046 WQCS00046 WQCS00046 Location Manhole at Lowes & Walmart Lowes Manhole 1st Manhole up from Pebble Creek PS 6831 Wilkinson Boulevard r `c) �w ra Attachment A City of Belmont Collection System April 2009 Incident # . Start Date 5 Day Gallons 'l7©0 coo r o04/08/09 4800 200900973 04/09/09. 480 2Ka004/22/09 1280 2 w90'1' 18 04/30/09 ---- U.S. Postal ServiceTM 'CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) sI si or Ci Possmi tmark Here 1` h' MR BARRY WEBB, CITY MANAGER CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/Is 5/20/09 PS Form 3800, August 2006 See Reverse for Instructions Enforcement Number Violation Action Causes NOV-2009-DV-0159 Proceed to NOV Debris in line, Grease, NOV-2009-DV-0159 Proceed to NOV Roots, NOV-2009-DV-0159 Proceed to NOV Grease, POSTAL SERVICE i First-Class,Mail Postage & Fees Pad USP87757/.721 Permiiit,W. GI 0 : Please print your name, addres ��and ZIP+4 in this box' f4 ' - NCDENR SURFACE WATER PRcECfION 610 EAST CENTER- VL SUITE 301 MOORESVILLE NC S7528115 �lFlFf�tllltFi�![t3��tliiitilFltiiillt!llw i ttiliiilitin ttit May 26, 2009 City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 7007 2680 0002 0416 0193 North Carolina Division of Water Quality`'" 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2009 -DV-0159 City of Belmont - WQCS00046 Dear Mr. Krebs: 1.SAY. 2 8 2009 DWQ:ci:rfoe "on The City of Belmont is in receipt of the above. NOV and as required by your letter, our response to this violation is as follows: Incident # 200900970 - This spill incident, located at the City of Belmont's manhole directly beside of the Lowe's retention pond, was the result of roots and grease build-up and an increase in flow, due to heavy rain, in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole, via our sewer jet machine. Lime was placed in the immediate area of the spill after overflow was stopped. Incident # 200900973 - This spill incident, located at the City of Belmont's manhole directly beside of the Lowe's retention pond, was the result of roots in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole, via our sewer jet machine. The crew used the root cutter attachment to clear the remaining roots in this 8" main. Lime was placed in the immediate area of the spill after overflow was stopped. Incident # 200901089 - This spill incident, located at the City of Belmont's first manhole upstream from the Pebble Creek lift station, was the result of a grease clog in the 8" main leading to the lift station. City crew's responded to a call from another staff member indicating that a manhole near the lift station was beginning to overflow. Upon arrival and inspection, they immediately began to unstop the overflowing manhole, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont we believe this incident was a result of residents disposing of grease improperly. The City of Belmont's staff has distributed educational material (Grease Goblin pamphlet see attached pamphlet) in this neighborhood since an overflow on February 5, 2009 and on three other occasions in the past two years, we have also sent out this pamphlet to all of our customers on April 30, 2009 via direct mail. We have also changed our sewer cleaning schedule for this area from bi-yearly to quarterly. Incident # 200901182 - This spill incident, located at the manhole directly in front of the Sub Coral Sandwich at 6831 Wilkinson Boulevard, was the result of grease and rags clogging the 8" main. City crew's responded to a call from a citizen reporting this overflow. Upon arrival and inspection they immediately began to unstop the overflowing manhole, via our sewer jet machine. Lime was placed in the immediate area of the spill after the overflow was stopped. On behalf of the City of Belmont we believe this incident was the result of businesses in the area disposing of cleaning rags into the sanitary sewer system. The City of Belmont's FOG coordinator has spoken with the managers of the suspected businesses to advise them that this type of disposal is not permitted and the rags should be disposed of properly in a waste container. Sincerely yours; arles B. Flowers, Jr. Utility Director Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections Systems Sandra Edwards - Wastewater Plant Superintendent Jerry Hatton- City Engineer Page 2 of 3 ) (2009) Violator: NOV #: Enforcement Case #: NCDENR - Division of Water Quality Surface Water Protection Section Sanitary Sewer Overflow Penalty Matrix e; y e 2,009 - DV- o/el Assessor: Date: SSO Date: lig $2. 40. Incident #: Zcq O'10 Zoe &t o& 7 tv,g4/i8 2- ASSESSMENT FACTORS c.S.1438-282.1(b) ilLr/v /v 1. Harm: 2. Duration and Gravity of the Violation / • 12- 2•y !O 3. Effect on Water Quantity or Quality: �---- it--- 4. Cost of Rectifying Damage: /t-- ti-- 5. Amount saved by Noncompliance: n_— ift.__— "?....— 6. Violation was committed willfully or intentionally: /-%_-- /1.—, /t 7. Prior record of failing to comply with Sanitary Sewer Overflows: O'— p /`--• "---- 8. Enforcement Costs: c' 94 PENALTY AMOUNT: goo �04.) 660 2 52 Oil Zslo . Comments: SSO Penalty Matrix 1_31_08 AVA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director BARRY L WEBB CITY OF BELMONT PO BOX 431 BELMONT NC 28012 SUBJECT: Dear Mr. Webb: July 9, 2009 Payment Acknowledgment Civil Penalty Assessment Belmont Collection System Permit Number: WQCS00046 Case Number: DV-2009-0012 Gaston County Dee Freeman Secretary J U L 1 0 2009 's`�si<r�ie�✓✓i 1 This letter is to acknowledge receipt of check number 049289 in the amount of $996.35 received from you dated June 26, 2009. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Daryl Merritt at 919-807-6307. Tis ' b s 0. I- 0 ag W U W cc =to di a 0 >. _ :WO co LL Ivit ci — Certified Fee 0 ti d 3 Sincerely, Jovonah Weeden pervisor 9292 fltSh hDDD 06hT d.DD2. LUTAUUII. UIL IY. OQIIJUUIy it. I\0101911, IVUIUI 1141Ulllla LI WY --' Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal opportunity 1 Affirmative Action Employer NorthCarol.ina ,aturallM A711 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue • Coleen H. Sullins Dee Freeman Governor Director Secretary June 23, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 1490 0004 4510 2626 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit No. WQCS00046 City of Belmont Collection System Gaston County Case No. DV-2009-0012 Dear Mr. Webb: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $996.35 ($900.00 civil penalty + $96.35 enforcement costs) against the City of Belmont. This assessment is based upon the following facts: A review has been conducted of the Collection System Sanitary Sewer Overflow Report(s) (CS-SSO) for April 2009. This review has shown the subject collection system to be in violation of the requirements found in Collection System Permit No. WQCS00046. The violation(s) that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Belmont violated the terms, conditions, or requirements of Collection System Permit No. WQCS00046 and North Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and extent shown in Attachment A. A civil penalty may be assessed against any person who violates the terms, conditions, or requirements of a pennit in accordance with the maximums established by G.S. MocgrCilaenlnve. `Suite 301 Mooresville, NC 28115 One Phone: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 NorthCarolina Internet: www.ncwaterquality.org a,� f��y��//� An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper ;/ y ` L `6 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Division of Water Quality Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Belmont: $ 0 For 1 of the one (1) violation of G.S. 143-215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without a permit for DWQ Incident No.200900973 which occurred on April 9, 2009. $ 400.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without apermit for DWQ IncidentNo.200900970 which occurred on April 8, 2009. $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without apermit for DWQ IncidentNo.200901089 which occurred on April 22, 2009. $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without a penult for DWQ Incident No.200901182 which occurred on April 30, 2009. $ 900.00 TOTAL CIVIL PENALTY $ 96.35 Enforcement costs. $ 996.35 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; • (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous (5) violations; or whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" foun within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both fauns should be • submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AND Robert B. Krebs, Regional Supervisor Surface Water Protection Section 610 E. Center Avenue, Suite 301 Mooresville, North Carolina 28115 OR 3. F.ile a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 AND Daryl Merritt, PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 - Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. • Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Lon Snider of the Mooresville Regional Office at (704) 663- 1699. 3izf (Date) Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality ATTACHMENTS cc: Water Quality Regional Supervisor w/ attachments PERCS Unit Enforcement File w/ attachments Central Files w/ attachments rb/ls STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST CITY OF BELMONT PERMIT NO. WQCS00046 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2009-0012 Having been assessed civil penalties totaling $996.35 for violation(s) as set forth in the assessment document of the Division of Water Quality dated June 23, 2009, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2009 BY ADDRESS TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2009-0012 Assessed Party: City of Belmont County: Gaston Permit Number: WQCS00046 ,Amount Assessed: $996.35 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver ofRight to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) Permit # WQCS00046 WQCS00046 WQCS00046 Location Manhole at Lowes & Walmart 1st Manhole up from Pebble Creek PS 6831 Wilkinson Boulevard Attachment A City of Belmont Collection System April 2009 Incident # Start Date 200900970 04/08/09 200901089 04/22/09 200901182 04/30/09 5 Day Gallons 4800 1280 1440 . Enforcement Number Violation Action Causes NOV-2009-DV-0159 Proceed to NOV Debris in line, Grease, NOV-2009-DV-0159 Proceed to NOV Grease, NOV-2009-DV-0159 Proceed to NOV Debris in line, UNITED STAT"�•,.:pu L w.. •st�� 6.. r I .r.. K �.:f:.. �`..� i�i... �'t�,.�•ri.5 �.?i "y `61".hq„����ea Pa' • Sender: Please print your name address, and ZIP+4 in this box ^.y7:,�; ire ra — ate 4; NCDENR SURFACE WATER PROTECTION 610 E CENTER AVE STE 30v U N 2 5 2009 MOORESVILLE NC 28115 it NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary June 16, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED # 7007 1490 0004 4510 1964 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: Notice of Violation and Recommendation for Enforcement Tracking No. NOV-2009-DV-0184 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for May 2009. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during May 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. Mooresville Regional Office Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone: (704) 663-16991 Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer— 50% Recycledi10%a Post Consumer paper NorthCarolina Naturally . Mr. Barry Webb NOV-2009-DV-0184 Page 2 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. The SSOs noted in Attachment A under violation action as "Proceed to NOV " 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 have 15 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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, ()k1- Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments Cc: ORC System —Gary Gallagher PERCS Files 1 June 19, 2009 City of Belm ont Certified Mail Receipt # North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2009 -DV-0184 City of Belmont - WQCS00046 Dear Mr. Krebs: 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 J U N 2 2 2009 iV{4J 4»'i111 The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 200901173 - This spill incident, located at the City of Belmont's manhole directly behind the residence of 110 Point Crossing Ave., was the result of grease build-up and an increase in flow, due to heavy rain, in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole, via our sewer jet machine. Lime was placed in the immediate area of the spill after overflow was stopped. On behalf of the City of Belmont we believe this incident was a result of residents disposing of grease improperly. The City of Belmont's staff distributed educational material to all of our customers on April 30, 2009 via direct mail. Incident # 200901201 - This spill incident, located at the City of Belmont's manhole directly beside of the residence of 313 Julia Ave., was the result of roots in the 8" main. City crew's responded to the overflow at the manhole immediately when notified of the incident. Upon arrival and inspection the crew immediately began to unstop the overflowing manhole, via our sewer jet machine. The crew used the root cutter attachment to clear the remaining roots in this 8" main. Lime was placed in the immediate area of the spill after overflow was stopped. Sincerely your; Charles B. Flo Utility Director rs, fir. Cc: David Isenhour - Director of Public Works Barry Webb - City Manager Gary Gallagher - ORC Collections Systems Sandra Edwards - Wastewater Plant Superintendent Jerry Hatton- City Engineer wav Permit # WQCS00046 WQCS00046 Location 110 Point Crossing 313 Julia St Attachment A City of Belmont Collection System May 2009 Incident # Start Date 200901173 05/01/09 200901201 05/01/09 U,S..Postal Serv;iceTMM RECEIPT CE tT►FIED MA %n urance Coverage Prolrided) (Domestic Mail Only; - usps,com® 1r,For delivery information visit our website at w Postage Certified Fee 17 Return Receipt Fee CO (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 0 ra Se Cif 7[7- Here ' ); 1.110 0111111 MR BARRY WEBB, CITY CITY OF BELMONT PO BOX 43 i 28012 BELMsONT 1 6C 16/09 PS Form 3800. August?006 Rf.1 5 Day Gallons Enforcement Number 480 NOV-2009-DV-0184 720 NOV-2009-DV-01 84 ED STATES POSTAL SERVICE Violation Action Causes Proceed to NOV Grease, Proceed to NOV Debris in line, First -Class Mail Postage & Fees Paid LISPS Permit No. ® Sender: Please printyour our name, address, and _ZIP+4 in this box ' i r.K See Reverse for instructions tr�nf NCDENR (R SURFACE WATER PROTECTOR:;' 610 EAST CENTER AVE SUITE 301:'.: MOORESVILLE NC 281125 {S llill1i111111111111111.11111111111if 111.1111111111111111111111 c_ t January 20, 2009 City of Belmont 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 7007 - 0413 - 8802 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV -2009 -DV-0020 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter, our response to this violation is as follows: Incident # 200803392 - This spill incident, located at the City of Belmont's Clay Street lift station, was the result of a broken 8" PVC force main leading away from the pump station and out into our collection system. City crew's responded to alarms within the lift station indicating that a sewer back-up was present. Upon arrival and inspections, they immediately began to unstop an over flowing manhole. After the manhole was cleared, they discovered additional flows coming out of the ground several yards further south. Inspections showed that the force main leading away from the lift station had broken. City crews immediately contacted a stand- by vendor to perform emergency pumping at the lift station while repairs were made to the force main. Work crews discovered that the force main pipe, estimated to be approximately 20 years of age, had split open (approximately 6") within a standard section of the pipe. Public Works Collections Division replaced the full standard 8 foot section of the 8" PVC force main pipe. Pumps were turned back on and inspections determined the repair was successful and the lift station was placed back into full operation. On behalf of the City of Belmont we believe this incident was a result of unforeseen faulty pipe materials as no further activity has taken place and no problems within this designated sewer easement have ever been reported. Sincerely yours; David W. Isenhour Director of Public Works Cc: Chuck Flowers - Utility Director Barry Webb - City Manager Gary Gallagher - ORC Collections Systems Sandra Edwards - Wastewater Plant Superintendent nvyE►r"� • ion AVA Or/ LS NC E R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 Mr. Barry Webb, City manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: NOTICE OF VIOLATION Tracking No. NOV-2009-DV-0080 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for February 2009. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during February 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: (704) 663-1699 \ Fax: (704) 663-6040 \ Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer — 50% Recycled/10% Post Consumer paper NorthCarolina Naturally Mr. Barry Webb NOV-2009-DV-0080 Page 2 The SSOs noted in Attachment A under violation action as "Proceed to NOV " 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, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments Cc: ORC System —Gary Gallagher PERCS Files MRO CS Enforcement Files Permit # WQCS00046 Attachment A City of Belmont Collection System February 2009 Location Incident # Start Date 5 Day Gallons Enforcement Number Violation Action Causes 1st MH up from Pebble Creek 200900313 02/05/09 720 NOV-2009-DV-0080 Proceed to NOV Grease, PS LiS Beverly Eaves Perdue, Governor Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 15, 2009 Mr. Barry Webb, City Manager City of Belmont Post Office Box 431 Belmont, NC 28012 Subject: NOTICE OF VIOLATION Tracking No. NOV-2009-DV-0020 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for December 2008. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during December 2008 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. Mailing Address 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 Location 610 East Center Avenue, Suite 301 Mooresville, North Carolina No e hCarolina :aturally Internet: www.ncwaterquality.org Customer Service 1-877-623-6748 Mr. Barry Webb NOV-2009-DV-0020 Page 2 The SSOs noted in Attachment A under violation action as "Proceed to NOV " 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, r 72-2/ Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachments Cc: ORC System —Gary Gallagher PERCS Files MRO CS Enforcement Files Permit # Location Attachment A City of Belmont Collection System December 2008 Incident # Start Date 5 Day Gallons Enforcement Number Violation Action WQCS00046 109 Point Crossing Circle PS 200803274 12/11/08 480 WQCS00046 298 -Parkdale Drive No Action, BPJ 200803392 12/20/08 4800 . NOV-2009-DV-0020 Proceed to NOV Causes Pump Station Equipment Failure, Pipe Failure (Break) Michael F. Easley, Governor � William G. Ross Jr., Secretary) U -"! North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality April 4, 2008 CERTIFIED MAIL 7007 1490 0004 4505 8350 RETURN RECIEPT REQUESTED Mr. Barry L. Webb City Manager City of Belmont P.O. Box 431 Belmont, NC 28012 Subject: NOTICE OF VIOLATION/NRE Tracking No. NOV-2008-DV-0155 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for March 2008. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143-215.1(a)(1). The violations that occurred during March 2008 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 deteimining 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. North Carolina Division of Water Quality Mooresville Regional Office Phone (704) 663-1699 Internet: www.ncwaterqualitv.nrg 610 East Center Avenue, Suite 301 Mooresville NC 28115 Fax (704) 663-6040 Nne or hCarolina aturally Customer Service 1-877-623-6748 1V11. OQ11y L. YY GUI/ NOV-2008-DV-0155 Page 2 The SSOs noted in Attachment A under violation action as "Proceed to NOV" are the 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 have 10 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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. Ron Boone or myself at 704-663-1699. ---- APR 9 200� ^' &lC DE I MRC R .eco ter '.) 0 w c� > ai w w CU c ¢ W 3 _> � , ! z0�o W --E.z < < o. j U-j0 a) zvD,oc, co x w • tif9S '' Q z a H N (n� U o �z m m m3 z m9 vs- x ml cN v c� m � NO ° N 05E9 SOSh hDOO 06hT LOU.. Certl 4 m e/. D 1 /,& f( -,erely, jIG ert B. Krebs face Water Protection Section Supervisor ision of Water Quality oresville Regional. Office Incident Permit Num Start Date Num location Attachment A City of Belmont March 2008 Vol. Total Vol reached Violation Action water NOV Num Nov Sent Dt 200800869 WQCS00046 2008-03-15 200800852 WQCS00046 2008-03-15 200800835 WQCS00046 2008-03-14 200801019 WQCS00046 2008-03-29 Volk and Riverside (Corner of Volk and Riverside Drive) 109 Point Crossing Circle 123 Creek Hollow Terrace not reported - (211 Spring Street) 720 600 Proceed to NOV NOV-2008-DV-0155 2008-04-04 1200 1200 Proceed to NOV NOV-2008-DV-0155 2008-04-04 800 800 Proceed to NOV NOV-2008-DV-0155 2008-04-04 1000 1000 Proceed to NOV NOV-2008-DV-0155 2008-04-04 City of Belmont March 7, 2008 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail # 7099 - 6100 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV-2008-DV-0091 City of Belmont - WQCS00046 Dear Mr. Krebs: The City of Belmont is in receipt of the above NOV and as required by your letter our response to the above listed violation is as follows: Incident # 200800421 - This incident actually occurred at 817 Gaston Ave. Extension. The address correction was reported to DWQ on the same day after reviewing by Belmont staff. To correct the problem; Our collections staff cleaned this portion of the sewer line very extensively and will video the sewer main to gather better information of the integrity of this sewer main. We will make any repairs if videoed sewer line shows visual results of roots or other infractions. If you seek additional information pertaining to this portion of our collection system, please feel free to give me a call. Sincerely yours; David W. Isenhour Director of Public Works MAR 1 0 2008 Cc: Barry Webb - City Manager Chuck Flowers - Utility Director NC DENR MR0 Gary Gallagher - ORC - Collections System D Q„Surface Water Protection Sandra Edwards - Wastewater Plant Supervisor Michael F. Easley, Govemor6 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 3, 2008 CERTIFIED MAIL 7006 2760 0001 8497 5974 RETURN RECIET REQUESTED Mr. Barry Webb, City Manager City of Belmont P. O. Box 431.. Belmont, NC 28012 Subject: • NOTICE OF VIOLATION/NRE Tracking No. NOV-2008-DV-0091 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: Coleen H. Sullins, Director Division of Water Quality A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for February 2008. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during February 2007 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. NorthCarolna Naturally North Carolina Division of Water Quality Mooresville Regional Office Phone (704) 663-1699 Customer Service Internet: Nvww.ncwaterqualitv.orR 610 East Center Avenue, Suite 301 1-877-623-6748 Mooresville NC 28115 Fax (704) 663-6040 Mr. Barry Webb NOV-2008-DV-00.91 Page 2 The SSOs noted in Attachment A under violation action as "Proceed to NOV" are the 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 have 10 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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 Ms. Barbara Sifford or myself at 704-663-1699. Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Attachment — A Cc: ORC. System — Gary Gallagher PERCS Files MRO CS Enforcement Files Permit # WQCS00046 Location 817 Gaston Avenue IL Fl Attachment A City of Belmont February 2008 Incident # Start Date 200800421 02/10/08 5 Day Gallons Enforcement Number Violation Causes Action 1000 22— L OR ar nlnsglloov ion a.i.in' Ce 5 '3AV 2i31NaO 1.sVa oL ffi-cana.Lo2id 1131b M 2lvsun irm 0 x994 ulb+dlZPu I4rseippe `eweu .InoA 1ulid asi sluf� OL-o 'oN mulled sdsn pled seed e6elsod nevi sseio-)sill NOV-2008-DV-0091 suoprulsu( Jo! asaoA3!! aaS 3OI/W3S i Proceed to Grease, NOV Roots, 900Z'lsn6nv'008£ wjod d cI Q SP 1.Nownag. Z[o8Z ON IEV XOg Od ,LNOI/sn 2laD N-YW Kin `Env& Alaidg 2IYQ (pwInbad luewaoSeu3) ead Nanppo pei pl H (p81lnbou la tuesioP 3) ead ldlaped wnioa ead pap!UaO e6elsod tianllap Jod @woo•sdsn'MMM ie allsgaM mo l!sln uolleuno u { (Pa moad O5eJanoO aaueJnsut oN:ANO Heil aiIsauloa) P. 1d13331=1 N1J 11VW a3ldlla33 w, aoyuas Ir;isod .s.n Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number : WQCS00046 (WQCS# if active, otherwise use WQCSD#) Facility: Belmont Collection System Owner: City of Belmont v+)-&Oct-8r]-dOci� Incident # 200800421 CigV `Ct)`l y�" Region: Mooresville City: Belmont County: Gaston Source of SSO (check applicable) : 1 Sanitary Sewer ❑ Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc.) : 817 Gaston Avenue Manhole# Latitude (degrees/minute/second): Longitude(degrees/minute/second) Incident Started Dt: 02/10/08 Time. 01:00 PM Incident End Dt: 02/10/2008 Time: 02:30 PM (mm-dd-yyyy) hh:mm AM/PM (mm-dd-yyyy) hh:mm AM/PM Estimated volume of the SSO: 1000 gallons Estimated Duration (Round to nearest hour): 1:30 Describe how the volume was determined• 11 gpm for 90 minutes Weather conditions during SSO event. clear Did SSO reach surface waters? Yes ❑ No ❑ Unknown Volume reaching surface waters (gallons): 1000 Surface water name: CATAWBA RIVER (Lake Wylie below elevation 570) Did the SSO result in a fish kill? ❑ Yes No ❑ Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFICcause(s) of the SSO: • Grease • Roots 24-hour verbal notification (name of person contacted) Barbara • DWQ n Emergency Mgmt. Sifford Date and Time: 2008-02-1 1 09:40:00 AM If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the referenced statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore, it is important to be as complete as possible. WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form Page Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Grease When was the last time this specific line (or wet well) was cleaned? Do you have an enforceable grease ordinance that requires new or retrofit of grease traps/interceptors? Have there been recent inspections and/or enforcement actions taken on nearby restaurants or other nonresidential grease contributors? Explain. Have there been other SSOs or blockages in this area that were also caused by grease? When? If yes, describe them: Have cleaning and inspections ever been increased at this location? Explain. Have educational materials about grease been distributed in the past? When? May 2007 and to whom? residents Explain? Grease goblin sent out FOG program used. All restaurants are being inspected on monthly basis. Yes n No n Yes No n NA n NE Li NA n NE n Yes No n NA n NE n Yes • No n NA n NE Yes n No n NA n NE CS-SSO Form Page 2 If the SSO occurred at a pump station, when was the wet well and pumps last checked for grease accumulation? Were the floats clean? Comments: Roots Do you have an active root control program on the line / area in question? Describe Have cleaning and inspections ever been increased at this location because of roots? Explain: What corrective actions have been accomplished at the SSO location (and surrounding system if associated with the SSO)? What corrective actions are planned at the SSO location to reduce root intrusion? Has the line been smoke tested or videoed within the past year? If Yes, when? Comments: System Visitation ORC Backup Name: Sandra Edwards Cert# 970760 Date visited: 02112008 Time visited: 10:OOAM n Yes n No n NA n NE n Yes .1 No n NA n NE n Yes No n NA n NE n Yes No n NA n NE n Yes Yes CS-SSO Form Page 3 How was the SSO remediated (i.e. Stopped and cleaned up)? Rodder truck used and lime put down around the area. As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: Sandra Edwards Date: 02/11/08 12:00 AM Signature: Title Telephone Number: Any additional information desired to be submitted should be sent to the appropriate Division Regional Office 'within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO Form Page 4 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I This form shall be submitted to the appropriate DWQ Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number : WQCS00046 (WQCS# if active, otherwise use WQCSD#) Facility: Belmont Collection System Incident # 200703462 Owner: City of Belmont Region: Mooresville City: Belmont County: Gaston Source of SSO (check applicable) : • Sanitary Sewer ❑ Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc.) : 811 Gaston Avenue Manhole# Latitude (degrees/minute/second): Longitude(degrees/minute/second) Incident Started Dt: 12/08/07 Time: 12:15 PM Incident End Dt: 12/08/2007 Time: 01:10 PM (mm-dd-yyyy) hh:mm AM/PM (mm-dd-yyyy) hh:mm AM/PM Estimated volume of the SSO: 480 gallons Estimated Duration (Round to nearest hour): 0:55 Describe how the volume was determined 8 gpm for 60 minutes Weather conditions during SSO event. clear Did SSO reach surface waters? ki Yes ❑ No ❑ Unknown Volume reaching surface waters (gallons): 480 Surface water name: CATAWBA RIVER (Lake Wylie below elevation 570) Did the SSO result in a fish kill? ❑ Yes No n Unknown If Yes, what is the estimated number of fish killed? 0 SPECIFICcause(s) of the SSO: IN Debris in line 24-hour verbal notification (name of person contacted) Jimmy DWQ al Emergency Mgmt. Ray Date and Time: 2007-12-09 01:02:00 PM If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the referenced statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be reported to Division unless it is demonstrated that: 1) the discharge was caused by severe natural conditions and there were no feasible alternatives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore. it is important to be as complete as possible. WHETHER OR NOT PART II IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Form Page 1 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART I I ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTIONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWQ REGIONAL OFFICE UNLESS IT HAS BEEN SUBMITTED ELECTRONICALLY THROUGH THE ONLINE REPORTING SYSTEM Debris in line What type of debris has been found in the line? Rags Suspected cause or source of debris. Are manholes in the area secure and intact? When was the area last checked/cleaned? Yes n No n NA n NE Have cleaning and inspections ever been increased at this location due to previous problems with n Yes No n NA n NE debris? Explain: Are appropriate educational materials being developed and distributed to prevent future similar occurrences? Comments: Grease Gobbler 9/2007 System Visitation ORC Backup Name: Sandra Edwards Cert# 990033 Date visited: 12082007 Yes n No n NA n NE n Yes Yes CS-SSO Form Page 2 Time visited: 11:OOAM How was the SSO remediated (i.e. Stopped and cleaned up)? Jett truck amd lime put out As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: Sandra Edwards Date: 12/10/07 12:00 AM Signature: Title Telephone Number: Any additional information desired to be submitted should be sent to the appropriate Division Regional Office within five days of first knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of this form is completed, if used). CS-SSO Form Page 3 Feb 11 08 11:47a City Of Belmont 7048250514 p.1 Form CS-SSO Collection System Sanitary Sewer Overflow Reporting Form PART This form shall be submitted to the appropriate DWO Regional Office within five days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: ig(c� 000+La• (WQCSJ/ if active, otherwise use WQCSD#) . Facility: Pl.: rfa. n+ klet ;k.r.-.*v [ C.1(r'(.Itia: r.. :, 5-k— Incident # _ i 0ga) 7-2 / • Owner: — 0!.'t.,1 0 - (?)a-Prr.n-?r+ Re ion: City:-Jillti i•Z'''-( 1- 8 Counfy: �Y 5�t:+c-• Source of SSO (check applicable) : n Sanitary Sewer 0 Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6.. Manhole at Weston & Bragg Street, etc.): �... I i �`v'� .• ;-r -� � ;t _ _ Manhole#/ Latitude (degrees/minute/second): _ Longitude(degrees/minute/second):_ incident Started Dt: .7/r' 1�'f Time; I:1 l0 Om incident End Dt: �ru/Db/ ,? ,� .� (mm-dd-yyyy) hh;mm AM/PM (mm•tld•yyyy) Tirfte:�`.. /D(J(i hh:mm AMIPM Estimated volume of the SSO: gallons • Estimated Duration (Round to nearest hour)• ' ' Describe how the volume was determined: // r ,r.(" Af..c .k.J / .y __/, S. •t.�/ Weather conditions during SSO event:. r�/%�rf•�-� Did SSO reach surface waters? ® Yes ❑ t❑ Unknown volume reaching surface waters (gallons): _ fr)nr� Surface water name: (4,xctrei y-, + i.,-e,.✓ Did the SSO result in a fish kill? 0 Yes ODNo0 Unknown If Yes, what is tho estimated number of fish killed? SPECIFIC cause(s) of the SSO: 0 t Severe Natural Condition al Grease � Roots 0 Inflow and Infiltration 0 Pump Station Equipment Failure 0 Power outage O Vandalism 0 Debris In line 0 Other (Please explain in Part II) 0 Pipe Failure (Break) 24-hour verbal notification (name of person contacted} '�r1r-'�'-44-1.1 �f,.frr 0� CJ DWG CD Emergency Mgmt, pate (mm-dd-yyyy)• '-/r/r:l› Time (hh:mm AM/PM}:, 9'Ye7 �r — If an SSO is ongoing, please notify Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 gallons or more of untreated wastewater to surface waters shall issue a press release within 48-hours of first knowledge to all print and electronic news media providing general coverage in the Count7W7Seie the oischarge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the, relerancc statute for further detail. The Director, Division of Water Quality, may take enforcement action for SSOs that are required to be re oriel to Division unless it WB mb 570-that: 1) the discharge was caused by severe natural conditions and there were no feasible altematives to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittoc and/or owner, and the discharge could not have been prevented by the exercise of reasonable control, Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis for the determination of any enforcement action. Therefore, it is important to be as complete as pcesibte. WHETHER OR NOT PART iI IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM. CS-SSO Fort Page 1 J Feb 11 08 11:47a City Of Belmont 7048250514 p.2 Grease (Documentation such as cleaning. inspections, enforcement actions. past overflow reports;—,� educational material and chstnbution dale, etc. should be available upo n request.) When was the last time this specific line (or wet welt) was cleaned? Oo you have an enforceable grease ordinance that requires new or retrofit of grease traps/interceptors? Have there been recent inspections and/or enforcement actions taken on nearby restaurants or other nonresidential grease contributors? Explain. Yea No 0 NAD NE 0 Yea No D NAD NE Have there been other SSOs or blockages in this area that were also caused by grease? When? If yes, describe them: . Have cleaning and inspections ever been increased at this location? Explain. UYeJNoDNADNE U YeJNo 0 NAD NE • • Have educational materials about grease been distributed in the past? When? Y CLki?r 4�OU 1 and to whom? Oda �{ O-VCZPrn Explain? ER)YeU No D NAD NE tf the SSO occurred at a pump station. when was the wet It and pu ps last checked for grease accumulation? Were the floats clean? Comments: DYea NoDNAG NE CS-SSO Form Page 4 Feb 11 08 11:47a City Of Belmont 4- Roots Do you have an active root control program an the line / area in Question? Describe 7048250514 Have cleaning and inspections ever been increased at this location because of roots? Explain_ p. 3 ❑YeaN. NA❑N. Yo�No❑I. NE What corrective actions have been accomplished at the SSO location (and surrounding system if associated with the SSO)? What corrective actions are planned at the SSO location to reduce root intrusion? Has the tine been smoke tested or videoed within the past year? If Yes, when? Comments: OYe J No ❑ NA ❑ Na CS-SSO Forrn Page 5 Feb 11 08 11:47a City 0f Belmont 7048250514 p.4 System Visitation ORC Backup Name: Cent:;: bate visited: Time visited: 4/4 How was the SSO remediated (i.e. Stopped and cleaned up)? chi `"/ �-•%�.����J _�f'�iC..f `'L,4u'Y.tl-�. � '�i "r (. �<� � C'%.%.L.�.r•�_ Molest o my As a representative for the responsible party, I certify that the informi, don contained in this report is true and accurate to now a ge. Person submitting claim: .,ti _/C;(.�.c.0.•;.. , -/ Signature: (\,.,' ') Date: Title: ICYl((. z‘. , Telephone Number: '2/2 `/• (}07 - -j 7* Any additional information desired to be submitted should be sent' . the appropriate Division Regional Office within five days of first knowledge of the SSD with reference to the incident number (the i cident number is only generated when electronic entry of (his form is completed, if used). 4�(-� �� i'l`t2)C�c�i� 4U �L�!.j) �Cl,Crt� '7 cza,j2. y-4-e: • A' t) CS•SSO Form Page 15 Collection System SSO 24-Hour Notification Collection System: Number and Name WQCS# J (g Incident Number from BIMS 6d ` a'/ -J Incident Reviewed (Date): Incident Action Taken: BPJ /7 NOV-2008-DV Spill Date 40 10% Reported Date �-f t( Time Time q f' C) Reported To SWP Staff or EM Staff .AACt Reported By Address of Spill (�()b=vim CityE:QPVYtnal— County Phone m tOcted Cause of Spill Total Estimated Gallons Jict Stream ( e( v-LG d /4 L/-t,t Fish Kill: Y O u!"( ike) 1.6Z6 JCS l oD Est. Gal to Stream X 5Sc) Number Species Non Required Information and other comments relating to SSO incident: Response time minutes Zone Map Quad /,/-g-0% ftl 6-1a0,44.4(}ertc2- Permit # WQCS00253 WQCS00196 WQCS00233 WQCS00001 WQCS00016 WQCS00046 WQCS00107 WQCS00089 WQCS00221 WQCS00326 WQCS00088 WQCS00017 WQCS00020 WQCS00327 WQCS00036 WQCS00040 WQCS00164 WQCS00026 WQCS00059 WQCS00044 WQCS00019 WQCS00037 WQCS00030 WQCS00149 Owner and Facility Name Bradfield Farms Water Company CS Carolina Water Service Cabarrus Woods CS Carolina Water Service Hemby Acres CS Charlotte -Mecklenburg CS City of Albemarle CS City of Belmont CS City of Bessemer City CS City of Cherryville CS City of Claremont CS City of Concord CS City of Conover CS City of Gastonia CS City of Hickory CS City of Kannapolis CS City of Kings Mountain CS City of Lincolnton CS City of Lowell CS City of Monroe CS City of Mount Holly CS City of Newton CS City of Salisbury CS City of Shelby CS City of Statesville CS East Lincoln CS Permit # WQCS00171 WQCS00322 WQCS00222 WQCS00341 WQCS00231 WQCS00058 WQCS00165 WQCS00342 WQCS00328 WQCS00343 WQCS00310 WQCS00120 WQCS00344 WQCS00043 WQCS00125 WQCS00153 WQCS00190 WQCS00325 WQCS00180 WQCS00135 WQCS00258 WQCS00345 WQCS00054 WQCS00009 Owner and Facility Name Greater Badin CS Aqua Country Woods East CS Town of Boiling Springs CS Town of China Grove CS Town of Cleveland CS Town of Cramerton CS Town of Dallas CS Town of E. Spencer CS Town of Harrisburg CS Town of Landis CS Town of Longview CS Town of Maiden CS Town of Marshville CS Town of Mooresville CS Town of Mt Pleasant CS Town of Norwood CS Town of Oakboro CS Town of Stanfield CS Town of Stanley CS Town of Taylorsville CS Town of Troutman CS Town of Wingate CS Union County CS WSA Cabarrus Co. CS Deemed Permitted Permit # WQCSD0130 WQCSD0114 WQCSD0057 WQCSD0117 WQCSD0257 WQCSD0116 WQCSD0101 WQCSD0095 WQCSD0098 WQCSD0105 WQCSD0107 WQCSD0099 WQCSD0258 WQCSD0112 WQCSD0104 WQCSD0102 Owner and Facility Name Brooks Food Group -Brooks Food Group Charlotte Mecklenburg Schools - Misc Laterals City of High Shoals CS Duke Energy Marshall Steam Station Fallston Goose Creek Utilities Fairfield Plantation WWTP Harborside Dev LLC-Midtown T CS Kennerly Dev. Group LLC-Boardwalk Villas CS Kennerly Dev. Group LLC-Kings Point CS Kennerly Dev. Group LLC-Moon Bay Condos CS Kennerly Dev. Group LLC-Schooner Bay CS Kennerly Dev. Group LLC-Spinnaker Point CS Kingstown Lake Norman -South Point CS Lake Norman -Villas S Harbour CS Lake Norman -Vineyard Pt Resort CS Permit # WQCSD0064 WQCSD0097 WQCSD0120 WQCSD0019 WQCSD0024 WQCSD0038 WQCSD0002 WQCSD0049 Owner and Facility Name Lincoln County CS Martin Dev Gp-N Point & Portside CS Martin Marietta Mallard Creek Town of Richfield CS Town of Grover CS Town of McAdenville CS Town of Ranlo CS Town of Spencer Mountain CS WQCSD0252 All spills which do not have a permit number assigned BARRY L WEBB CITY OF BELMONT PO BOX 431 BELMONT NC 28012 SUBJECT: Dear Mr. Webb: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 25, 2008 Payment Acknowledgment Civil Penalty Assessment Belmont Collection System Permit Number: WQCS00046 Case Number: DV-2008-0006 Gaston County FEB 2 7 2008 NC DENR MRO DWQ-Surface Water Rrotectic i This letter is to acknowledge receipt of check number 045942 in the amount of $346.35 received from you dated February 19, 2008. This payment satisfies in full the above civil assessment levied against the subject facility, and this case has been closed. Payment of this penalty in no way precludes future action by this Division for additional violations of the applicable Statutes, Regulations, or Permits. If you have any questions, please call Daryl Merritt at 919-733-5083, Ext. 554. Sincerely, Dina Sprinkle cc: Central Files DW,Q or�rese Regional Office Supervisor NorthCarolina Naturally 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service 1 800 623-7748 f Michael F. Easley, Govemo William G. Ross Jr., Secretariy North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality February 8, 2008 CERTIFIED MAIL 7006 2760 0001 8497 5783 RETURN RECEIPT REQUESTED Mr. Barry Webb, City Manager City of Belmont P.O. Box 431 Belmont, NC 28012 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of N.C. General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit No. WQCS00046 City of Belmont Collection System Gaston County Case No. DV-2008-0006 Dear Mr. Webb: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $346.35 ($250.00 civil penalty + $96.35 enforcement costs) against the City of Belmont. This assessment is based upon the following facts: A review has been conducted of the Collection System Sanitary Sewer Overflow Report(s) (CS-SSO) for December 2007. This review has shown the subject collection system to be in violation of the requirements found in Collection System Permit No. WQCS00046. The violation(s) that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the City of Belmont violated the terms, conditions, or requirements of Collection System Permit No. WQCS00046 and North Carolina General Statute (G.S.) 143-215.1(a)(1) in the manner and extent shown in Attachment A. A civil penalty may be assessed against any person who violates the terms, conditions, or requirements of a permit in accordance with the maximums established by G.S. 143-215.6A(a)(2). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Robert B. Krebs, Division of Water Quality Surface Water Protection Regional Supervisor for the Mooresville Region, hereby make the following civil penalty assessment against the City of Belmont: North Carolina Division of Water Quality Mooresville Regional Office Phone (704) 663-1699 Internet: www.ncwaterqualitv.om 610 East Center Avenue, Suite 301 Mooresville NC 28115 . Fax (704) 663-6040 'lam NorthCarolina Natural! Customer Service 1-877-623-6748 $ 0.00 For 2 of the two (2) violation(s) of G.S. 143- 215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without a permit for DWQ Incidences Nos. 200703432 and 200703462. $ 250.00 For 1 of the one (1) violation of G.S. 143-215.1 and 15A NCAC 2T .0403, by discharging waste into the waters of the State without a permit for DWQ Incidence No. 200703603. $ 250.00 TOTAL CIVIL PENALTY $ 96.35 Enforcement costs. $ 346.35 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations; (2) The duration and gravity of the violations; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: b Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the optionof an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; • (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Daryl Merritt PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AND Robert B. Krebs, Regional Supervisor Surface Water Protection Section 610 E. Center Avenue, Suite 301 Mooresville, North Carolina 28115 OR 3. File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for, an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed — provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone: (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 AND Daryl Merritt, PERCS Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. Please be advised that any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. If you have any questions about this civil penalty assessment, please contact Barbara Sifford of the Mooresville Regional Office at (704) 663-1699. Z/8/4/4 (Date) ATTACHMENTS Robert B. Krebs Regional Supervisor Surface Water Protection Mooresville Regional Office Division of Water Quality cc: Water Quality Regional Supervisor w/ attachments PERCS Unit Enforcement File w/ attachments Central Files w/ attachments rb/bs STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF GASTON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTY AGAINST THE CITY OF BELMONT PERMIT NO. WQCS00046 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. DV-2008-0006 Having been assessed civil penalties totaling $346.35 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 8, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30 days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after 30 days from the receipt of the notice of assessment. This the day of , 2008 BY ADDRES S TELEPHONE JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2008-006 Assessed Party: City of Belmont County: Gaston Permit Number: WQCS00046 Amount Assessed: 346.35 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i. e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: (use additional pages as necessary) m m r- I_rj O vn ru O r` U..S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage; Provided) For delivery information visit: our website at www.usps.come, FF11 C tiA L � �E Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tota Sent 7 Street, or PO, City, S, cbi Postmark col, Here MR BARRY WEBB, CITY MGR. CITY OF BELMONT PO BOX 431 BELMONT NC 28012 swp/bs 2/8/08 PS Form 3800, August 2006 See. Reverse for Instructions 0 0 0 II!N ys!d .4sO Aea 9 'eseaj0 'au!I u! sugaa 's400�l 'eseajo sasnea !POSTAL SERVICE First -Class Mail Postage & FlesAar,id USPS Permit No. G00 r: Please print youi` name, address, and+4 in this box • t" c) w J (,-) 72 CI X.; 0 0 NCDENR SURFACE WATER PROTECTION ' 610 EAST CENTER AVE SUITE 301 MOORESVII±E NC 28115 IIIIIIIIIIIiIIIIiiII,1lIIIII1ltltltltillltiIIIIIttltltllrllll -n r7-1 CO r`J C) 4eeJIs 0091. L0/LZ/Z1. £09£0L00Z egnnelea 4se3 601.wa4sAS u043011001uow1a8 0817 00t7Z L0/80/Z 1• L0/170/Z 1. suolleO Aea 9 GIRO Pe1S LOOZ legwa30a y;uauigoe;;y Z9t'£0L00Z Z£b£0L00Z anuany uolseg 1I8 Iaai4S Isnd 1. # 4uap!ou1 uo!4noo-1 walsI(S uo!Ioalloa Iuowia8 wa1stts uogoalloa 4uowla8 aa4!waad 917000800M 9tb000SOOM 917000800M # 1!WJad (2008) NCDENR - Division of Water Quality Surface Water Protection Section Sanitary Sewer Overflow Penalty Matrix Violator: LAY oi 6 S.-`^ oP-t Assessor: ``oS c.�- ice c.1$ NOV #: Enforcement Case #: 'Zoo V - coo OCo Date: z1s(z.43 SSO Date: 1 ZN (off ILIe /o& i i- 1-q f ®a Incident #: 3432- 3 .4 c 2- 3603 . ASSESSMENT FACTORS G.S. 143B-282.1(b) �— �- /L_ 1. Harm: 2. Duration and Gravity of the Violation 4 .. S o ��� D 3. Effect on Water Quantity or Quality: ,t. 4. Cost of Rectifying Damage: 2 5. Amount saved by Noncompliance: 1/2— it_- 6. Violation was committed willfully or intentionally: ✓-- 7. Prior record of failing to comply with Sanitary Sewer Overflows: 8. Enforcement Costs: tt 9 35- PENALTY AMOUNT: -Q , ex) ,OM. 4 O 0 Zia. Comments: City of Belmont January 25, 2008 North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 Attn: Robert B. Krebs - Surface Water Protection Section Supervisor Ref: Notice of Violation - Tracking No. NOV-2008-DV-0022 City of Belmont - WQCS00046 Dear Mr. Krebs: 115 N. MAIN STREET POST OFFICE BOX 431 BELMONT, N.C. 28012 PHONE (704) 825-5586 Certified Mail Receipt # 5932 8885 i-A 6 J A \ 2 8 2008 i NC DENR MRO DWQ-Surface Water Protection The City of Belmont is in receipt of the above NOV and as required by your letter our response to these violations is as follows: Incident # 200703432 - This overspill at 1st Street was observed and treated as the result of large amounts of grease which was present within the collection system. City crew's pressure cleaned the sewer lines of the accumulated grease buildup and cleared the blockage. The city has a monthly "FOG" (Fats, Oils & Grease) program in place where a city certified Wastewater inspector visits all restaurant establishments to inspect grease traps and help educate restaurant staff with hopes of reducing grease deposits within our collections system. Incident # 200703603 - This incident was a later occurrence from the original grease problem as stated in the above incident. Upon continued inspections within this manhole; the city discovered that as a result of the heavy cleaning on December 4th, the manhole eventually crumbled and the old bricks and mortar had fallen, resulting in a major blockage from the fallen debris. The City of Belmont cleaned out the debris and temporary repaired the crumbled manhole. The City immediately issued a purchase order to a utility contractor for a complete repair and change -out of this manhole location. Cost of this purchase order for the manhole replacement is $5,600.00 with work scheduled for January 28, 2008. Incident # 200703462 - This incident was a reported overflow from the manhole at 811 Gaston Ave. City crews responded immediately to pressure clean the downstream sewer lines. Crews discovered typical amounts of clogged , debris and grease accumulations. As stated above; the city does have a very active FOG program which we work to educate our citizens and businesses of the hazards associated with the discharge of unapproved debris and grease products. The City of Belmont also has a "Grease Goblin" mail -out program to which we annually send out to all water and sewer customers that are on our collections system. On behalf of the City of Belmont and this department, we hope that you will take into consideration the cost measures that the city has taken to assist in the reductions of problem areas within our permitted collection system. We will continue our efforts within all our departments to maintain very active maintenance and educational programs. Sincerely yours; David W. Isenhour Director of Public Works Cc: Barry Webb - City Manager Chuck Flowers - Utility Director Gary Gallagher - ORC - Collections System Sandra Edwards - Supervisor - Wastewater Plant Operations Permit # Permitee Location Belmont WQCS00046 Collection 1 First Street System Belmont WQCS00046 Collection System Belmont WQCS00046 Collection System 811 Gaston Avenue Attachment A December 2007 Incident # Start Date 5 Day Gallons Enforcement Violation Causes Number Action 200703432 12/04/07 2400 NOV-2008-DV- Proceed to Grease, 0022 NOV Roots, 200703462 12/08/07 480 NOV-2008-DV- Proceed to Debris in line, 0022 NOV 109 East Catawba 200703603 12/27/07 Street 1500 NOV-2008-DV- Proceed to Grease, 0022 NOV 5 Day Est. Fish Kill 0 0 . William G. Ross Jr., Secreta k i North Carolina Department of Environment and Natural Resourc January 18, 2008 CERTIFIED MAIL 7006 2760 001 8497 5677 RETURN RECIET REQUESTED Mr. Barry Webb, City Manager City of Belmont P. O. Box 431 Belmont, NC 28012 Subject: NOTICE OF VIOLATION/NRE Tracking No. NOV-2008-DV-0022 Collection System Permit Number WQCS00046 City of Belmont Gaston County Dear Mr. Webb: Coleen H. Sullins, Director Division of Water Quality A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s) for December 2007. This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00046 and/or G.S. 143- 215.1(a)(1). The violations that occurred during December 2007 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. North Carolina Division of Water Quality Mooresville Regional Office Internet: \v'wa•.rcW;ueriqualiv.nrg 610 East Center Avenue, Suite 301 Mooresville NC 28115 • Phone (704) 663-1699 Fax (704) 663-6040 N0orthCarolina Naturally Customer Service 1-877-623-6748 NOV-2008-DV-0022 , ay - Page 2 The SSOs noted in Attachment A under violation action as "Proceed to NOV"are the 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 have 10 days from receiving this Notice of Violation letter to provide any additional justification for the identified 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 Ms. Barbara Sifford or myself at 704-663-1699. Attachment — A Cc: ORC System — Gary Gallagher PERCS Files MRO CS Enforcement Files Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality Mooresville Regional Office Permit # Pemiitee Location Belmont WQCS00046 Collection 1 First Street System Belmont 811 Gaston WQCS00046 Collection Avenue System Attachment A December 2007 Incident # Start Date 5 Day Gallons Enforcement Violation Causes Number Action 200703432 12/04/07 2400 NOV-2008-DV- Proceed to Grease, 0022 NOV Roots, 200703462 12/08/07 480 NOV-2008-DV- Proceed to Debris in line, 0022 NOV Belmont 109 East Catawba WQCS00046 Collection 200703603. 12/27/07 _ _ _ 15.00 !VW! {ilifF�i'iiIiti11 TITS {tFisiii(iiiiilii�lijtiF ! ! 1 it 49 0 SI1.8Z DN 3'I'IIAS32IOOIN IOC aLIf1S 3f1N2AV 2I3:LN30 .LSV3 019 LLD LLO2id II3.Ldm 20Vd2If1S Lu 9 2IN IQDN + �xoq sly} ul t,+dIZ 4 i-jY' pTJ oN 31WJad • pled seed V a681S0d I1eV1l SSe10-1$J1- NOV-2008-DV- Proceed to Grease, e `ssaippe 'oweu.noi }upd eseald :Jepues 301A1:13S 1V1SOd S31V1S L 5 Day Est. Fish Kill 0 0 suollanJlsui.io{ asJanaa aaS 900Z lsn6ny `008E wand Sd ec Z108Z DN .L1\10K EI 'Et XOHOd LNOY�I I3fl AO A.LIO 2I3DVMdI\I £LID '9 3M AIIIIdfl 111'\I (paJtnbad iueweslopu3) eej /tenttap paiowseu (pai{nbad iuewasiopu3) au {dieoay wn{ed mid palillie3 e6eisod ewoo•sdsn•MMm ie altsgaM Jno listn uotlew)oiui tianttap Jod (papinoid oBeranoo aauewnsul oN f fiUO peW ollsawop) 1dIJ3 J N111IVW a3idila33 WlaoinaaS I�TSod •S fl 1 Micnael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 12,.2007 Mr. Barry Webb, City Manager City of Belmont P.O. Box 431 Belmont, NC 28012 Subject: NOTICE OF VIOLATION Collection System Permit Number WQCS00046 City of Belmont, Gaston County Dear Mr. Webb: Coleen H. Sullins, Director Division of Water Quality A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s). This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-215.1(a)(1). The violations that occurred during August 2007 are summarized in Attachment A. Remedial and corrective actions, if not already implemented, should be taken to prevent further SSOs. Please note that due to the continued high numbers of SSOs in North Carolina the Division of Water Quality has implemented a new SSO enforcement policy. Beginning June 1, 2007, until December 1, 2007, any reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil penalty. Beginning on December 1, 2007, 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. After December 1, 2007, the SSOs similar to those highlighted in Attachment A are overflows that the regional office has determined, after review of the CS-SSO 5-day report, that would have resulted in a civil penalty assessment. You will have 10 days from receiving a Notice of Violation letter to provide any additional justification for the identified SSOs as to why these spills do not meet the criteria listed in this letter for civil penalty assessment beginning in January 2008. If you have any questions regarding this policy please do not hesitate to contact Ms. Barbara Sifford or myself at 704-663-1699. Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality, Mooresville Region Attachments Cc: ORC System — Danny Whisnant PERCS Files / MRO CS Enforcement. Files North Carolina Division of Water Quality Mooresville Regional Office Internet: w• w.ncwafcrduaIifv.oro 610 East Center Avenue, Suite 301 Mooresville NC 28115 One Carolin Na /Vaturally Phone (704) 663-1699 Customer Service 1-877-623-6748 Fax (704) 663-6040 Permit # WQCS00046 WQCS00046 WQCS00046 Permitee Location Belmont Collection System Belmont Collection System Belmont Collection System 6805 Wilkinson Blvd 315 Elm Street 110 Orchard Street Attachment A Incident # Start Date 200702482 08/02/07 200702524 08/11/07 200702639 08/24/07 Type Discharge without valid permit Discharge without valid permit Discharge without valid permit 24 Hour Gallons 240 240 1200 1200 2500 2500 5 Day Gallons Causes Grease, Roots, Grease, Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 9, 2007 Mr. Barry Webb, City Manager City of Belmont P.O. Box 431 Belmont, NC 28012 Subject: NOTICE OF VIOLATION Tracking # NOV-2007-DV-0280 Collection System Permit Number WQCS00046 City of Belmont, Gaston County Dear Mr. Webb: Coleen H. Sullins, Director Division of Water Quality A review has been conducted of the City of Belmont's self reported Sanitary Sewer Overflows (SSOs) 5-Day Report(s). This review has shown Belmont to be in violation of the requirements found in Collection System Permit WQCS00327 and/or G.S. 143-215.1(a)(1). The violations that occurred during October 2007 are summarized in Attachment A. Remedial and corrective actions, if not already implemented, should be taken to prevent further SSOs. Please note that due to the continued high numbers of SSOs in North Carolina the Division of Water Quality has implemented a new SSO enforcement policy. Beginning June 1, 2007, until December 1, 2007, any reportable SSO may be issued a Notice of Violation (NOV) and some may be assessed a civil penalty. Beginning on December 1, 2007, 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. After December 1, 2007, the SSOs similar to those highlighted in Attachment A are overflows that the regional office has determined, after review of the CS-SSO 5-day report, that would have resulted in a civil penalty assessment. You will have 10 days from receiving a Notice of Violation letter to provide any additional justification for the identified SSOs as to why these spills do not meet the criteria listed in this letter for civil penalty assessment beginning in January 2008. If you have any questions regarding this policy please do not hesitate to contact Ms. Barbara Sifford or myself at 704-663-1699. Sincerely, Robert B. Krebs Surface Water Protection Section Supervisor Division of Water Quality, Mooresville Region Attachments Cc: ORC System — Danny Whisnant PERCS Files / OJEIS Enforcenlent ileg North Carolina Division of Water Quality Mooresville Regional Office Internet: w'\v\`.nc\raicrqualilv.or.o. 610 East Center Avenue, Suite 301 Mooresville NC 28115 Phone (704) 663-1699 Fax (704) 663-6040 thCarolina atura!!ij Customer Service 1-877-623-6748 Incident Num Type Report Type Attachment A CITY OF BELMONT Permit Num Start Date Owner Vol. Total Vol reached water Violation Action NOV Num Nov Sent Dt 200703185 200703185 200703053 200703053 200703157 200703157 SSO SSO 24 Hour SSO SSO 5 day SSO SSO 24 Hour SSO SSO 5 day SSO SSO 24 Hour SSO SSO 5 day WQCS00046 2007-10-29 WQCS00046 2007-10-29 WQCS00046 2007-10-16 WQCS00046 2007-10-16 WQCS00046 2007-10-27 WQCS00046 2007-10-27 City of Belmont City of Belmont City of Belmont City of Belmont City of Belmont City of Belmont 1500 1500 Proceed to NOV 1500 1500 Proceed to NOV 960 960 960 960 600 600 600 600 Proceed to NOV Proceed to NOV Proceed to NOV Proceed to NOV NOV-2007-DV-0280 NOV-2007-DV-0280 NOV-2007-DV-0280 NOV-2007-DV-0280 NOV-2007-DV-0280 NOV-2007-DV-0280 Total 3060 City of Belmont 115 1UAAIN'ISTREU:M; ,r N ` P : S;TAEFICE:BOX 4311' OFF! E BELMONT, N.C. 28012,.:. PHONE (704) 825-5586 February 10, 2006 FEB 1 4 2006 Ms. Barbara Sifford Division of Water Quality Mooresville Office Subject: Response to NOV Tracking Number: NOV-2006-DV-0007 Incident Number 200600186 Belmont Collection System Permit No. WQCS00046 Gaston County Ms. Sifford: The referenced reporting violation was the result of an oversight in our incident reporting procedure. The reportable sanitary sewer overflow occurred when the designated contact person was out on vacation. During that seven-day period, no contact person was appointed; therefore, the incident was not reported within the mandated 24- hours. The spill report exceeded the five-day limit for the same reason. The designated contact submitted the spill report upon his return to avoid a `non -reporting' infraction. To insure compliance to spill reporting requirements, the wastewater treatment section will receive, record, and relay spill/overflow information as prescribed by state regulations. The wastewater plant is staffed 24-hours each day. Operators have been instructed to complete the initial spill report form then notify the appropriate state office —regional office during normal business hours or the emergency management office during off -hours. Either the primary contact or one of five plant operators will submit the spill report forms within five days. SinGprel Pat Waiters, Wastewater Treatment Plant Superintendent. Copy: Barry Webb, City Manager David Isenhour, Director of Public Works 0.0 A February 10, 2006 Ms. Barbara Sifford Division of Water Quality Mooresville Office Subject: Change of Belmont's Contact Ms. Sifford: Please remove Carole Standafer from your records as a contact for the City of Belmont. Current Contacts are: Barry Webb, City Manager David Isenhour, Director of Public Works Patrick Waiters, Wastewater Treatment Superintendent, and plant ORC Gary Gallagher, Collection System ORC Sincerely, at Waiters, Wastewater Treatment Plant Superintendent. Copy: Barry Webb, City Manager David Isenhour, Director of Public Works WA OT �RQG it r N hCaro na ,7Vaturalty Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E., Director Division of Water Quality January 24, 2006 CERTIFI1D MAI", ICE' p-RN R_CEI' ' $EQyjSTEI Ms. Carol Standafer City of Belmont PO Box 431 Belmont, NC 28012 Subject: Dear Ms. Standafer: Notice of Violation/ Notice of Recommendation for Enforcement Tracking Number: NOV-2006-DV-0007 Incident Number 200600186 Belmont Collection System Permit No. WQCS00046 Gaston County Chapter 143, Article 21 of the North Carolina General Statutes (NCGS) authorizes and directs the Environmental Management Commission of this Department to protect and preserve the water resources of the State. The Division of Water Quality (DWQ) has the delegated authority to enforce adopted water pollution control rules and regulations. On December 30, 2005, Ms. Barbara Sifford of this office received a fax from the City of Belmont with three forms titled Sewage Spill Response Evaluation. After asking for clarification, Ms. Sifford was informed that these are internal forms used by the City of Belmont for tracking non -reportable spills. One of the spills on the forms was in fact a reportable spill, which was not reported to DWQ as required by your collection system permit. This letter is being issued as a Notice of Violation because the City of Belmont failed to report a discharge to surface waters (occurring on December 19, 2005) within 24 hours of first knowledge of the discharge as required by Permit Condition IV. 2(b) of Permit Number WQCS00046 and 15 A NCAC 2B. 0506(a)(2)(A). The City of Belmont also failed to submit a 5-day spill report as required by Permit Condition IV. 2(b) of Permit Number WQCS00046 and 15 NCAC 2B .0506(a)(3). NCDENR N. C. Division of Water Quality, Mooresville Regional Office, 610 East Center Avenue, Suite 301, Mooresville NC 28115 (704) 663-1699 Customer Service 1-877-623-6748 Page 2 Ms. Carol Standafer January 24, 2006 It is requested that the City respond, matter and indicating measures taken to pre your response to Ms. Barbara Sifford by no ISTAL SERVICE .13 0. a. Pal LLJ o'' U cF ai _1 < U3�p;. 76 ill LL.0 0 a CC u (IL g 0 .0 a_ N �_ as 0 c 0. a) Cu —n lg. II Q. r`, • a rt t co F9 0 0 H 0 in writing, to this Notice, addressing this vent future reporting failures. Please address later than February 20, 2006. You will be tions. )ffice is considering sending a actor of the Division of Water Quality for the n for the violations that you wish to present, ;e. Your explanation will be reviewed and if )riate, your explanation will be forwarded to kage for his consideration. this matter, please do not hesitate to contact Sincerely, ). Rex Gleason, P.E. >urface Water Protection .egional Supervisor ESQ. 26hE T000 0922 E00Z