WQCS00284_NOV/NOI-2023-DV-0193_20230503

DocuSign Envelope ID: 9BBD0911-59DD-4CF5-9583-350OD7E27C7C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7021 2720 0002 3808 2611
Return Receipt Reauested
John Nichols, PE
Brunswick County
PO Box 249
Bolivia, NC 28422-0249
NORTH CAROLINA
Environmental Quality
May 03, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0193
Sanitary Sewer Overflows - April 2023
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:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202300631 4/10/2023 160 4305 Southport Supply Pipe Failure (Break) 14,000 14,000 Notice of Violation
Rd SE, Southport, NC,
28461
D_E Qk�� North Carolina Department of Environmental Quaky I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DocuSign Envelope ID: 9BBD0911-59DD-4CF5-9583-350OD7E27C7C
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:
Doti for
7F141 E73B6F3456...
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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� � North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1121 Cardinal Drive Extension I Wilmington, North Carolina 28405
.—\ r 910.796.7215