WQCS00009_NOV-2022-DV-0142 NOI_20220516

ROY COOPER
Governor
ELIZABETH S. RISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7018 3090 0001 2322 5146
Return Receipt Requested
May 16, 2022
Harry M Wilson, Director Executive
Water and Sewer Authority of Cabarrus County
232 Davidson Hwy
Concord, NC 28027-0428
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0142
Sanitary Sewer Overflows - April 2022
Collection System Permit No. WQCS00009
W&S Authority of Cabarrus Co Collection System
Cabarrus County
Dear Mr. Wilson:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Water and Sewer Authority of Cabarrus County. The Division's Mooresville Regional Office concludes that the
Water and Sewer Authority of Cabarrus County violated Permit Condition I (2) of Permit No. WQCS00009 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 Mooresville Regional Office is providing the Water and Sewer Authority of Cabarrus County an opportunity to
provide evidence and justification as to why the Water and Sewer Authority of Cabarrus County 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
202200639 4/20/2022 40 6775 Retreat Road, Pump station
Concord, NC equipment failure
120,000 120,000 Notice of Violation
Intent to Enforce
North Carolina Department of Environmental Quality Division of Water Resances
Mooresville Regional Office [ 6t0 East Center Avenue. Suhe 301 I MnoresvIlle, North Carolina 25115
704,663.1699

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 Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail] or
[e-mail].
Sincerely,
,-DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
D_E
North Carolina Department of Environmental Quality Division of Water Resources
Mooresville Regional Office [ 6t0 East Center Avenue. Suhe 301 I MnoresvIlk, North Ce oIEne 25115
704,663.1699