WQCS00217_NOV-2023-DV-0179_20230421

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ROY COOPER
Governor. �r
ELIZABETH S.BISER
SPcrefar
RICHARD E. ROGERS,JR. NORTH CAROLINA
Direr 1r, Environmental Quality
Certified Mil # 7020 1 4109 1024
Return Re Requested
April 21, 2023
Matthew Klein
Carolina Trace Utilities Inc
PO Box 240908
Charlotte, NC 28224-0908
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0179
Sanitary Sewer Overflows - March 2023
Collection System Permit No. WQCS00217
Carolina Trace Collection System
Lee County
Dear Mr. Klein:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Carolina Trace Utilities Inc. The Division's Raleigh Regional Office concludes that the Carolina Trace Utilities Inc
violated Permit Condition I (2) of Permit No. WQCS00217 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 Carolina Trace Utilities Inc an opportunity to provide evidence and
justification as to why the Carolina Trace Utilities Inc 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 (Mips) Location Cause (Gals) (Gals) DWR Action
202300460 3/1/2023 300 Behind 997 Windrace Grease 2,500 2,500 Notice of Violation -
Trl (Southwind Sub) Notice of Intent
Nnrlh Cardin Dcparlmm of Cmimnmentai Quahy i oivisionrA wafer Resources
Raleigh Regln.,l Ufticc 98(M,6amr11 M,, Raleigh.Vorrh Carolina 2/609
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914.1414100

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 Kevin Fowler with the Water Quality Section in the
Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
1Scott Vinson, Regional Supervisor
62- Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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