WQCS00217_NOV-2021-DV-0418_20211005

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 2219 3051
Return Receipt Requested
Matthew Klein
Carolina Trace Utilities Inc.
PO Box 240908
Charlotte, NC 28224-0908
NORTH CAROLINA
Environmental Quality
October 05, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0418
Sanitary Sewer Overflows - August 2021
Collection System Permit No. WQCS00217
Carolina Trace Collection System
Lee County
Dear Mr. Klein:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Carolina Trace Utilities Inc. The Division's Raleigh Regional Office concludes that the Carolina Trace Utilities Inc.
violated Permit Condition I (2) of Permit No. WQCS00217 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 Raleigh Regional Office is providing the Carolina Trace Utilities Inc. an opportunity to provide evidence and
justification as to why the Carolina Trace Utilities Inc. should not be assessed a civil penalty for the violation(s) that
are summarized below:
Incident Start Duration
Number Date (Mins) Location
Cause
202101929 8/4/2021 1,020 Manhole behind 5055 Roots
Blue Bird
,11.E92-)
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
12,000 12,000 Notice of Violation
Notice of Intent
North Carona Department of Environmental Quality 1 Division al Water Resources
Raleigh Regional Office 13800 Darren Drive ! Ralegh. North GroNna 27609
919.791.4200

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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Nash Carolina Dep.rtraenr of[cotroeerenrr Oeaty I Division of warn Resources
Raleigh Regional Office i 3800 Barrett Dare I Raleigh North Carolina 27609
919.79IA200