WQCS00147_NOV-2022-DV-0346_20221208

ROY COOPER
Governor
EUZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CertifiesiMail # 7020 3160 0000 4115 5528
Return Receipt Requested
Shannon V Becker, President
Aqua North Carolina Inc
202 Mackenan Dr
Cary, NC 27511-6447
NORTH CAROLINA
Environmental Quality
December 08, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0346
Sanitary Sewer Overflows - November 2022
Collection System Permit No. WQCS00147
Neuse Colony Collection System
Johnston County
Dear Mr. Becker:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Aqua North Carolina Inc. The Division's Raleigh Regional Office concludes that the Aqua North Carolina Inc violated
Permit Condition I (2) of Permit No. WQCS00147 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 Raleigh Regional Office is providing the Aqua North Carolina Inc an opportunity to provide evidence and
justification as to why the Aqua North Carolina Inc 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
202201727 11/19/2022 540 34 Brookhaven Dr, Pipe Failure (Break) 30,000 0 Notice of Violation -
Clayton, NC, 27527 Notice of Intent
202201757 11/30/2022 unknown Sweet Olive St, Selma, Debris in line, Other 7,000 0 Notice of Violation
NC, 27576
Northhnotru Department of ......,.w Quality Division of Water Resources
Raleigh RegionalOH1ce 1MOO Bondi Drive i Rsklgh,NorthCarolina 27609
919.791A200

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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Laserfche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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North Carolina Department ofEnvironmental Ostallty I Division of water Resources
Raleigh Regional Office 13800 Barrett Drive 1 Raleigh North Camino 27609
919.7914200