WQCS00089_Notice of Violation_20230602

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Total CITY OF CHERRYVILLE
$3 116 S.MOUNTAIN STREET
j Sent CHERRYVILLE NC 28021-3421
ATTN:JEFF CASH,CITY MANAGER
3
dwr/jh 18/a/23
City,

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CITY OF CHERRYVILLE
116 S.MOUNTAIN STREET
• CHERRYVILLE NC 28021-3421
ATTN:JEFF CASH,CITY MANAGER
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NCDEQ/WQROS m o
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SUITE 301 p� ro rn
MOORESVILLE NC 28115 z �� -o-
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FILE
StArE
ROY COOPER - �A
Governor If
ELIZABETH S.BISER � ~
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 5039
Return Receipt Requested
June 2, 2023
Jeff Cash, City Manager
City of Cherryville
116 S Mountain St
Cherryville, NC 28021-3421
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0219
Sanitary Sewer Overflows - April 2023
Collection System Permit No. WQCS00089
Cherryville Collection System
Gaston County
Dear Mr. Cash:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Cherryville. The Division's Mooresville Regional Office concludes that the City of Cherryville violated Permit
Condition I (2) of Permit No. WQCS00089 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 Mooresville Regional Office is providing the City of Cherryville an opportunity to provide evidence and
justification as to why the City of Cherryville 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
202300748 4/28/2023 560 248 Sunbeam Farm Rd, Power Outage 3,000 3,000 Notice of Violation
Cherryville, NC, 28021 Intent to Enforce
-DE Q?) North Carolina Department of Environmental Qwity Dnl. n of Water Resources
Moorcwdk Rr,ponal Offlcr olO East Centre lmnue.Suite 301 Ma>rrwdk\ar th Carolina MI5
704no 3.109

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 Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at oanna.harbiscma©ncdenr.gov.
Sincerely,
DocuSI9ned by:
L41tuhh1
H P:xw►
F161F869A2D84A3...
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
North Carolina Department M Environmental Qu.Yty:IM Minn of water Resources
„�q' Mooresville Regional Otlke 610 East Center Avenue SiMe 301 Moo.eeoAk North Carolina 28115

FILE
.,,,:.#7,.4,
ROY COOPER 4t 'll
s
Governor
ELIZABETH S.BISER `.4,
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Envlron rental Quality
Certified Mail # 7022 0410 0000 7789 5039
Return Receipt Requested
May 16, 2023
Jeff Cash, City Manager
City of Cherryville
116 S Mountain St
Cherryville, NC 28021-3421
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0219
Sanitary Sewer Overflows - April 2023
Collection System Permit No. WQCS00089
Cherryville Collection System
Gaston County
Dear Mr. Cash:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Cherryville. The Division's Mooresville Regional Office concludes that the City of Cherryville violated Permit
Condition I (2) of Permit No. WQCS00089 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 Mooresville Regional Office is providing the City of Cherryville an opportunity to provide evidence and
justification as to why the City of Cherryville 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
202300748 4/28/2023 560 248 Sunbeam Farm Rd, Power Outage 3,000 3,000 Notice of Violation
Cherryville, NC, 28021 Intent to Enforce
0 .) North Carolina Department oft Environment:Quaky guidon of Water Resources
Mooresvtlk Regional Office 610 East Center Avenue.Suite 301 1 Moornnik.North Carolina 28115
r► 704.663.1699

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 Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DoouSigned by:
L4hI4u1v H Pzug4
F161FB69A2D84A3_.
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
North Carolina Department of Environmental Quafrcy Dion of Water Resources
Mooresvllk Regional Office blO East Center Avenue.Suite 301!Moorrsvdk.North Carolina 26115
704 663.1699

� CHERRy
City of Ce�i�iyville� RECEIVED/NCDEQ/p
U �'- � m WASTEWATER TREATMENT PLANT WR
•
2 Q 116 South Mountain Street J U N 0 `,;9 3
0 �= Cherryville,North Carolina 28021 `
W
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0 Phone:[phone]
w .cityofcherryviile.com MOORESVILLE REGIONAL OFFICE
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QR
June 15,2023
NCDENR-DEQ ■
Division of Water Resources FsQrfi Clie
Land Application Permitting and Compliance Unit se �+
Aquifer Protection Section
1636 Mail Service Center
Raleigh,NC 27699-1636
ATTENTION: Andrew H.Pitner,P.G.,Regional Supervisor
REFERENCE: RE: NOTICE OF VIOLATION&INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0219
Sanitary Sewer Overflows—April 2023
Collection System Permit No.WQCS00089
Cherryville Collection System
Gaston County
Dear Mr.Andrew H.Pitner,
This letter is in response to the Notice of Violation NOV-2023-DV-0219.
On April 28,2023 we had a power problem which ended up being a fallen tree across a line that feeds this pump
station power.When we arrived at the plant at 0700 on April 28,we noticed that the graph showed that the pumps
were not pumping.We did not receive any alarms from the SCADA notifying us that there was a problem.When we
arrived at the pump station to check it out the pump was making a humming noise and would not pump.After
further investigation and getting an electrician on site,we determined that we only had one leg of power coming in.
So we then called Rutherford Electric Power Company and they sent a crew out.
They found that a tree had fell on the line about a quarter mile away.The pump station was the only customer on
that line so they weren't aware of the outage.After they got the power restored,we were able to get the pumps to
work.Our electrician had to make some minor repairs to the panel where it was single phasing during the outage.
As a corrective action we have added a UPS battery backup to the Scada radio inside the pump station pump panel.
This should prevent the Scada radio from failing during an outage therefore sending a high level alarm to notify us.
The City of Cherryville is working on doing some pump station upgrades in the up coming budget year and hoping
to get some grant funding to purchase a small generator to power the small pump stations that does not have a
generator.
If you have any further questions,please contact me at the number below.
Respectfully submitted,
g4M10iff,--
Larry Wright
Plant Superintendent/ORC
Cherryville Wastewater Treatment Plant
704-214-1162-cell
704-435-1739-plant
WHERE LIFE BLOSSOMS