WQCS00171_NOV-2022-DV-0216 NOI_20220811

FILE
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Certified Mail # 7018 3090 0001 2322 8574
Return Receipt Requested
August 11, 2022
Andy Lucas
Greater Badin Water & SeWer District
1000 N First St Ste 10
Albemarle, NC 28001
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0216
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCS00171
Greater Badin Collection System
Stanly County c
Dear Mr. Lucas:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's).5-Day Report/s submitted by
Greater Badin Water & Sewer District. The Division's Mooresville Regional Office concludes that the Greater Badin
Water & Sewer District violated Permit Condition I (2) of Permit No. WQCS00171 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 Greater Badin Water & Sewer District an opportunity to provide
evidence and justification as to why the Greater Badin Water & Sewer District 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
202201231 7/29/2022 40 402 Gold Street Pump station 8,000 8,000 Notice of Violation
' equipment failure Intent to Enforce
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This Notice•of Violation /NNotice 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 voldrne 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
andrew.pitnerPncdenr.cov.
Sincerely,
�DocuSIgned by: ;per
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Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office — WQS File
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Total Greater Baiden Water & Sewer District
$ Attention: Andy Lucas
sent; 1000 North 1st Street, Suite 10
rstraai Albemarle, North Carolina 28001
City' `. WQCS000171 N0V2022 DV02D
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Greater Baiden Water & Sewer District
Attention: Andy Lucas
1000 North 1si Street, Suite 10
Albemarle, North Carolina 28001
fLQ s000171 NOV2022 DV021 g
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