WQCS00150_NOV/NOI-2022-DV-0248_20220830

DocuSign Envelope ID: C27F916F-2340-481 E-8373-8624AAl058BC
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7021 0950 0001 1023 4164
Return Receipt Reauested
James H Gantt
Town of Burgaw
109 N Walker St
Burgaw, NC 28425-5234
NORTH CAROLINA
Environmental Quality
August 30, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0248
Sanitary Sewer Overflows - August 2022
Collection System Permit No. WQCS00150
Burgaw Collection System
Pender 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 Burgaw. The Division's Wilmington Regional Office concludes that the Town of Burgaw violated Permit
Condition I (2) of Permit No. WQCS00150 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 Wilmington Regional Office is providing the Town of Burgaw an opportunity to provide evidence and
justification as to why the Town of Burgaw should not be assessed a civil penalty for the violation(s) that are
summarized below:
Total Vol
Total
Surface
Incident Start Duration
Vol
Water
Number Date (Mins) Location Cause
(Gals)
(Gals) DWR Action
202201331 8/21/2022 315 PS 6, MH at Westall & Severe Natural
194,760
194,760 Notice of Violation
Bragg St, MH at Wallace Condition
& canal, MH at Ash and
Timberly, MH at Dudley
& Williams
DEQ k�� North Carolina Department of Environmental Quaky I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: C27F916F-2340-481 E-8373-8624AAl058BC
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 Helen Perez with the Water Quality Section in the
Wilmington Regional Office at 910-796-7215 or via email at [e-mail].
Sincerely,
Docuigned by:
E-T7F141SE
uti7366F3456... for
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office - WQS File
Alan Moore — electronic copy
Upload to Laserfiche
� � North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1121 Cardinal Drive Extension I Wilmington, North Carolina 28405
.—\ r 910.796.7215