WQCS00089_Regional Office Historical File Pre 2018 (2)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 9, 2007
Mr. David Hodgkins,
City Manager
City of Cherryville
116 S Mtn. Street
Cherryville, NC 28021
Subject: NOTICE DE VIOLATION
Tracking No. NOV-2007-DV-0282
Collection System Permit
Number WQCS00089
City of Chenyville
Gaston County
Dear Mr. Hodgkins:
Coleen H. Sullins, Director
Division of Water Quality
A review has been conducted of the City of Cherryville's self reported Sanitary Sewer Overflows
(SSOs) 5-Day Report(s). This review has shown Cherryville to be in violation of the requirements found
in Collection System Permit WQCS00089 and/or G.S. 143-215.1(a)(1). The violation that occurred during
October 2007 is listed 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, 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 will result 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 —Brandon Abernathy No ehCarolina
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North Carolina Division of Water Quality
Internet:
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville NC 28115
Phone [phone]
Fax [phone]
Customer Service
1-877-623-6748

Incident Report Permit Num Start Date
Num Type
Attachment A
CITY OF CHERRYALLE
Vol.
location Total Vol reached Violation Action NOV Num
water
200703187 SSO 24 WQCS00089 2007-10-29 Ballard Pump Station Force Main 3120 3120 Proceed to NOV NOV-2007-DV-0282
Hour
200703187 SSO 5 day WQCS00089 2007-10-29 Ballard Pump Station Force Main 3120 3120 Proceed to NOV NOV-2007-DV-0282