HomeMy WebLinkAboutNC0020656_NOV-2020-DV-0495_20201207r
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NCDEQ - FAYETTEVILLE REGIONAL OFFICE
DIVISION OF WATER RESOURCES
ATTN: MARK BRANTLEY
225 GREEN STR1?ET, SUIT >✓ 714-=
FAYETTEVILLE, i\C 28301 ' `
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Article Addressed to:
CHARLES DRNICHOLS III,�GITY
303 WEST CHURCH STR.E.ET
P.O. BOX 249
LAURINBURG, NC 28353
II � I IIII IIII lil l l�l II II II I I I Iflll I I I1I I -III III
9590 9402 5878 0038 2311 51
7012 �3�!5(1� I�001I 193!9$ !+'d1;
❑ Agent
O�ddressee
B. Recei0 ed by (Printed !d me) C. Date of Deliver}
D. Is delivery address different from item 11 ❑ Yes
If YES, enter delivery address below: ❑ No
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r mail 1 { , ; i
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ROY COOPER
MICHAEL S. REGAN
5rcrcrary
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S. DANIEL SMITH
NORTH CAROLINA
G?mror
Environmental Quality
Certified Mail # 7012 3050 0001 9398 4010,
Return Receipt Requested
December 7, 2020
Charles D, Nichols III, -City Manager- '
303 West Church Street
P. 0, Box 249
Laurinburg, NC 28353
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2020-DV-0495 ,
Permit No. NCO020656
Scotland County
Dear Permittee:
A review has been conducted ,of the self -reported Wastewater Treatment Plant Bypass Report/s submitted by the
City of Laurinburg. The Division's Fayetteville Regional OfFce,concludes'that the City. of Laurinburg violated Permit
Condition Section C, 4 c of Permit No. NCO020656 by failing to effectively manage, .maintain, and' operate their
wastewater treatment plant so that there is no treatment plant bypass to the land or surface waters and the
bypass 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 Fayetteville Regional Office is providing the City of Laurinburg an opportunity to provide evidence and
justification as to why the City should not be assessed a civil penalty for the violation(s) that are summarized
below:
.Incident Number Date Duration 'Volume Volume Reaching Surface Waters
202001714 05/29/2020 7.5 hrs. 10,000 gallons 10;000 gallons
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.
4
If you wish to provide additional information regarding the noted violation, request technical assistance,
or discuss overall compliance please respond in writing within ten (10) business days after receipt'of.this 'Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s).-You will then be notified of any civil penalties that may be assessed. regarding the violations: If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division 'of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional.
Office as soon as possible, not to exceed 24 hours, .from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Mark Brantley of the
Fayetteville Regional Office at 910-433-3326.
Sincerely,
DocuSigned by:
E4E1A9697D8248E...
Mark Brantley, Assistant Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: aytettevill`eLWQ� ,,GS Enforceme t F