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HomeMy WebLinkAboutWQCS00135_NOV-2021-DV-0115 NOI_20210218ROY COOPER Governor MICHAEL 5. REGAN Secretory S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL: 7019 1640 0001 3337 7112 RETURN RECEIPT REQUESTED February 18, 2021 David Odom, Manager Town Town of Taylorsville 204 Main Ave Dr SE Taylorsville, NC 28681 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0115 Sanitary Sewer Overflows - January 2021 Collection System Permit No. WQCS00135 Taylorsville Collection System Alexander County Dear Mr. Odom: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Taylorsville. The Division's Mooresville Regional Office concludes that the Town of Taylorsville violated Permit Condition I (2) of Permit No. WQCS00135 by failing to effectively manage, maintain, and operate their collection system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by G.S. 143-215.1. The Mooresville Regional Office is providing the Town of Taylorsville an opportunity to provide evidence and justification as to why the Town of Taylorsville 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 202100276 1/18/2021 1,440 393 Northwood Park Debris in line 14,000 14,000 Notice of Violation Intent to Enforce 202100294 1/8/2021 19,560 1190 Paul Payne Store Pipe Failure (Break) 280,000 280,000 Notice of Violation Road Intent to Enforce D E 4 � North Caro,dna Department of EnvronmQntai Quality I Diusioe of Water Resources Hooresvoe Reggae! Office I €10 East Center Avenue, Suite 301 I Mocresv. e. North Camhue 28115 704{83-1899 This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Michael Meilinger or me with the Water Quality Section in the Mooresville Regional Office at 704-663-1699 or via email at michael.meilinger@ncdenr.gov or corey.basinger@ncdenr.gov. Sincerely, p— DocuSigned by: `—A14CC681 AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Mooresville Regional Office - WQS File Central Files, Water Quality Section taycollections@gmail.com North CeroEno Department of Environmental Quality I Diusion of Water Resources Mooresvite Regional office I €10 East Center Avenue, Sucre 301 I Mooresrib, North Carofrne 28115 704£63-1899