WQCS00272_NOV-2022-DV-0090_20220405

ROY COOPER
Governor
E IZABETH S. RISER
saraory
RRICHARD E. ROGERS,P.
Director
NORTH CAROUNA
Environmental Quality
Certified Mail # 7019 2970 0001 3140 2446
Return Receipt Requested
April 05, 2022
Corey Gooden
Town of Edenton
PO Box 300
Edenton, NC 27932-0300
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0090
Sanitary Sewer Overflows - March 2022
Collection System Permit No. WQCS00272
Edenton Collection System
Chowan County
Dear Mr. Gooden:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Edenton. The Division's Washington Regional Office concludes that the Town of Edenton violated Permit
Condition I (2) of Permit No. WQCS00272 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 Washington Regional Office is providing the Town of Edenton an opportunity to provide evidence and
justification as to why the Town of Edenton should not be assessed a civil penalty for the violation that are
summarized below:
Total Vol
Total Surface
Inddent Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) ((Gals) DWR Action
202200509 3/29/2022 1,230 8-Inch force main Other, Pipe Failure
located at 1389 N. (Break)
Broad Street
63,200 63,200 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 dosures. 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 Sarah Toppen with the Water Quality Section in
the Washington Regional Office at 252-946-6481 or via email at [e-mail].
Cc: Laserfiche
Sincerely,
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Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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