WQCS00082_NOV-2022-DV-0353_20221212

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7019 2970 0001 3140 2231
Return Receipt Requested
December 12, 2022
Montre D Freeman, JD
City of Elizabeth City
PO Box 347
Elizabeth City, NC 27909-0347
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0353
Sanitary Sewer Overflows - June 2022
Collection System Permit No. WQCS00082
Elizabeth City Collection System
Pasquotank County
Dear Mr. Freeman:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Elizabeth City. The Division's Washington Regional Office concludes that the City of Elizabeth City violated
Permit Condition I (2) of Permit No. WQCS00082 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 Washington Regional Office is providing the City of Elizabeth City an opportunity to provide evidence and
justification as to why the City of Elizabeth City 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
202200940 6/18/2022 75 1701-1799 Parkview Dr, Pump station
Elizabeth City, North equipment failure
Carolina, 27909
3,000 3,000 Notice of Violation
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 22889
252.946,6481

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 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 Sarah Toppen with the Water Quality Section in
the Washington Regional Office at 252-946-6481 or via email at [e-mail].
Cc: Laserfiche
Sincerely,
R.t Te.4.144,1
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Ol'fan of Water Resources
Washington Regional Office 1943 Washington Square Mall I Washington North Caroline 27E69
252.946.64E11