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HomeMy WebLinkAboutWQCS00135_NOV-2022-DV-0169 NOI_20220617ROY COOPER Governor ELIZABETH S. RISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Certified Mail # 7018 3090 0001 2322 8444 Return Receipt Requested June 17, 2022 David Odom, Manager Town Town of Taylorsville 67 Main Ave Dr Taylorsville, NC 28681 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0169 Sanitary Sewer Overflows - May 2022 Collection System Permit No. WQCS00135 Taylorsville Collection System Alexander County Dear Mr. Odom: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Taylorsville. The Division's Mooresville Regional Office concludes that the Town of Taylorsville violated Permit Condition I (2) of Permit No. WQCS00135 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 Town of Taylorsville an opportunity to provide evidence and justification as to why the Town of Taylorsville 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 202200747 5/12/2022 125 Liberty Storage Solutions Grease 6,250 6,250 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 michael.meilinger@ncdenr.gov or corey.basinger@ncdenr.gov. Sincerely, ,—DocuSigned by: `—A14CC681 AF27425... 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 Irobinette@taylorsvillenc.com 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