WQCS00309_NOV-2022-DV-0003 NOI_20220107

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 1810 0002 1109 2657
Return Receipt Requested
James Michel, PE
Town of Southern Pines
140 Memorial Park Ct
Southern Pines, NC 28387
NORTH CAROLINA
Environmental Quality
January 06, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0003
Sanitary Sewer Overflows - December 2021
Collection System Permit No. WQCS00309
Southern Pines Collection System
Moore County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Southern Pines. The Division's Fayetteville Regional Office concludes that the Town of Southern Pines
violated Permit Condition I (2) of Permit No. WQCS00309 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 Town of Southern Pines an opportunity to provide evidence and
justification as to why the Town of Southern Pines 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
202102259 12/13/2021 135 Intersection of W. Grease 2,600 2,600 Notice of Violation
Connecticut Ave and N.
Mechanic Street
202102292 12/20/2021 120 Manhole on a Greenway Roots
trail, west of Hwy 22,
near Hunters Glen
10,600 10,600 Notice of Violation
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional ice 1223 Green Street. Suite 7141 Fayetteville. North Carolina 28301
910.4333300

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 [e-mail].
Cc: Fayetteville Regional Office - CT
Sincerely,
1-DocuSiggnnedd by: _Q
5189C2D3DD5C42B...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Cren Street. Suite Y14 I Fayetteville. North Carolina 28301
910.4333300