WQCS00024_NOV-2019-DV-0339_20190822

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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Pi - rot
NORTH CAROLIfA
Environmental Quality
CERTIFIED MAIL: 7018 0040 0000 4771 7257
RETURN RECEIPT REQUESTED
August 22, 2019
Bruce W. Davis
City of Lumberton
PO Box 1388
Lumberton, NC 28359-1388
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0339
Sanitary Sewer Overflows - July 2019
Collection System Permit No. WQCS00024
Lumberton Collection System
Robeson County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Lumberton. The Division's Fayetteville Regional Office concludes that the City of Lumberton violated Permit
Condition I (2) of Permit No. WQCS00024 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Fayetteville Regional Office is providing the City of Lumberton an opportunity to provide evidence and
justification as to why the City of Lumberton 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
201901137 7/4/2019
270 Manhole at 515 Noir St. Inflow and
Infiltration, Severe
Natural Condition
40,000 40,000 Notice of Violation
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This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3300 or via email at chad.turlington©ncdenr.gov.
Sincerely,
/--Doc-uSSiggnnedd by: ^ w
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J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office — (CT)
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