WQCS00035_NOV-2021-DV-0492_20211208

DocuSign Envelope ID: 9F3C6938-5F02-48A9-949E-373A5F78902B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
Certified Mail # 7017 1070 0000 1776 4365
Return Receipt Requested
Radford L Thomas, Director Public Utilities
City of Lenoir
PO Box 958
Lenoir, NC 28645-0958
NORTH CAROLINA
Environmental Quality
December 08, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0492
Sanitary Sewer Overflows - September 2021
Collection System Permit No. WQCS00035
Lenoir Collection System
Caldwell 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 Lenoir. The Division's Asheville Regional Office concludes that the City of Lenoir violated Permit Condition I
(2) of Permit No. WQCS00035 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 Asheville Regional Office is providing the City of Lenoir an opportunity to provide evidence and justification as
to why the City of Lenoir should not be assessed a civil penalty for the violation(s) that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202101988 9/29/2021 45 MH behind 367 Harper Debris in line, Grease 2,300 2,300 Notice of Violation
Ave
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.
North Carolina Department of Environmental Quelfy I olvtslon of Water Resources
Asheville Regional Office 12090 O.S. Highway 70 I Swannanoa, Noah Carotna 28778
828.2%450C

DocuSign Envelope ID: 9F3C6938-5F02-48A9-949E-373A5F78902B
If you have any questions, please do not hesitate to contact Timothy Heim with the Water Quality Section in
the Asheville Regional Office at 828-296-4500 or via email at [e-mail].
Ec: LF
Sincerely,
,-DocuSigned by:
pry
s 7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quelfy I olvtslon of Water Resources
Asheville Regional Office 12090 O.S. Highway 70 I Swannanoa, Noah CaroI0a 28778
828.290 4500