WQCS00328_NOV and Intent to Assess NOV-2021-DV-0182_20210326

ROY COOPER
Governor
DIONNE DELL[ -GATT[
Secretary
5. DANIEL SMITH
Director
Certified Mail # 7019 1640 0001 3337 7273
Return Receipt Requested
Mike Rose, Administrator Town
Town of Harrisburg
PO Box 100
Harrisburg, NC 28075-0100
NORTH CAROLINA
Environmental Quality
March 26, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0182
Sanitary Sewer Overflows - February 2021
Collection System Permit No. WQCS00328
Harrisburg Collection System
Cabarrus County
Dear Mr. Rose:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Harrisburg. The Division's Mooresville Regional Office concludes that the Town of Harrisburg violated
Permit Condition I (2) of Permit No. WQCS00328 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 Harrisburg an opportunity to provide evidence and
justification as to why the Town of Harrisburg 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
202100430 2/8/2021 120 502 Parallel Dr Other 7,200 6,000 Notice of Violation
Intent to Enforce
D_E
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Reglon,E Office [ 6t0 East Center Avenue. Suhe 301 I MnoresvIlle, North Ce oIEne 25115
704,663.1699

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 [e-mail] or
[e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425...
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
D_E
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office [ 6t0 East Center Avenue. Suhe 301 I MnoresvIlk, North Ce oIEne 25115
704,663.1699