WQCS00284_NOV/NOI-2022-DV-0373_20221216

DocuSign Envelope ID: 751 D31 B8-75DF-4385-AD45-8B1571 D821 EB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7021 0950 0001 1023 4317
Return Receipt Requested
John Nichols, PE
Brunswick County
PO Box 249
Bolivia, NC 28422-0249
NORTH CAROLINA
Environmental Quality
December 16, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0373
Sanitary Sewer Overflows - November 2022
Collection System Permit No. WQCS00284
Brunswick County Collection System
Brunswick County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Brunswick County. The Division's Wilmington Regional Office concludes that the Brunswick County violated Permit
Condition I (2) of Permit No. WQCS00284 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 Brunswick County an opportunity to provide evidence and
justification as to why the Brunswick County 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
202201746 11/30/2022 130 112K Village Rd NE, Pipe Failure (Break) 4,250 4,250 Notice of Violation
Leland, NC, 28451
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: 751 D31 B8-75DF-4385-AD45-8B1571 D821 EB
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,
�DocuSigned by: -TOM- l Yto Tr"IIIIn.
`-7F141 E73B6F3456...
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
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DEQ�
North Carolina Department of Environmental QuaEity I Division of Water Resources
Wilmington Regions[ Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%1215