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HomeMy WebLinkAboutNC0020184_NOV-2022-DV-0280 NOI_20220928ROY COOPER Governor ELIZABETH S. B1SER Secretary RICHARD E. ROGERS. JR. Du -et -tor NORTH CAROLINA irnrrroMrt,,grtrai Quality September 28, 2022 CERTIFIED MAIL #: 7018 3090 0001 2323 0737 RETURN RECEIPT REQUESTED Mr. Michael Peoples City of Gastonia PO Box 1748 Gastonia, NC 28053-1748 Subject: Notice of Violation/Notice of Recommendation for Enforcement Violation of G.S. 143-215.1(a) Unpermitted Discharge of Wastewater Tracking #: NOV-2022-DV-0280 Permit No. NC0020184 Two Rivers Utilities/Long Creek WWTP Gaston County Dear Mr. Peoples: Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental Management Commission of the Department of Environmental Quality to protect and preserve the water resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce adopted water pollution control rules and regulations. On September 20, 2022, Two Rivers Utilities (TRU) reported to this Office that approximately 275,000 gallons of partially treated wastewater (no disinfection) was discharged into South Fork Catawba River from the Two Rivers Utilities (TRU)/Long Creek WWTP on September 19, 2022. TRU's follow-up written report attributed the discharge of partially treated wastewater to the maintenance activities being performed on the reuse water distribution system. No disinfection was provided to the wastewater during these maintenance activities for approximately two hours and fifteen minutes. TRU had not applied for nor secured a permit to discharge the partially treated wastewater from the Division. CIF North Carolina Department of Environmental Quallty I Division of Water Resources kiaaresv I cReglooalOffice 1610East Center hvmue, Suite 301 I Moaresvdlc, NorthCarofina 281IS 704.6133.1649 Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1(a). Penalties may also be assessed for any damage to the surface waters of the State that may result from the unpermitted discharge. This letter is also to advise you that this Office is considering the initiation of an enforcement action for the discharge of partially treated wastewater into the South Fork Catawba River. This Office received TRU's written follow-up report on September 23, 2022 (via email) that included upstream and downstream fecal coliform sampling results and a plan of action to prevent future occurrences, etc. However, if you wish to provide any additional information regarding this violation, please respond in writing within ten (10) working days of receipt of this Notice. Should you have any questions concerning this Notice, please do not hesitate to contact Ori Tuvia at (704) 235-2190 or via e-mail at ori.tuvia@ncdenr.gov. Sincerely, DocuSigned by: 44 44cw H P- t t F161 FB69A2D84A3... Andrew H. Pitner P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Mooresville Regional Office cc: David Shellenbarger, Stephanie Scheringer, Rene Martinez and Mourice Brotherton (via email)