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Home My WebLink AboutWQCS00171_Notice of Violation_20230314 I. . 'osta ervice ' CERTIFIED MAIL° RECEIPT O Domestic Mail Only r) ✓ For delivery information,visit our website at www.usps.com ] Certified Mail Fee $ �.I Extra Services&Fees(check box,add fee as appropriate) ] 0 Return Receipt(hardcopy) $ ] ❑Return Receipt(electronic) $ n`Np ] ❑Certified Mail Restricted Delivery $ / ] ❑Adult Signature Required $ ] 0 Adult Signature Restricted Delivery$ I Postage ✓ $ bKtAl tK t3AUIN WAI tK dt JtWtK UIS I Kll.l ] Tot 1000 N.FIRST STREET $ SUITE 10 Se ALBEMARLE NC 28001 — 3ii ATTN:ANDY LUCAS Cri dwr/jh 3/14/23 ;ertltled Mail service provides the tollowing Denents: A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service" -Restricted delivery service,which provides fura specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. nportant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Mail°,First-Class Package Service®, available at retail). or Priority Mail°service. -Adult signature restricted delivery service,whict Certified Mail service is not available for requires the signee to be at least 21 years of ag international mail. and provides delivery to the addressee specified Insurance coverage is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is insurance coverage automatically included with accepted as legal proof of mailing,it should bear s certain Priority Mail items. USPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office' for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt,'attach PS Form 3811 to your mailplece; IMPORTANT:Save this receipt for your records. •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature - II Print your name and address on the reverse X , ISV//// , 00 Agent so that we can return the card to you. K A,, {LLL�� Addresse ■ Attach this card to the back of the mailpiece, B...... ecei v by(Printed Name C. Date of Deliver or on the front if space permits. - 1' J, / 3 ?i 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes LIKtAltR BAUIN WAItK?Sr StWLK UIS I MU If YES,enter delivery address below: 0 No 1000 N. FIRST STREET SUITE 10 ALBEMARLE NC 28001 ATTN:ANDY LUCAS dwr/jh 3/14/23 3. Service Type 0 Priority Mail Express® 11111111111111111111111111111111111111111 ❑Adult Signature 0 Registered Mail'. 0Adult Signature Restricted Delivery 0 Registered Mail RRestrict Certified Mall® Delivery 9590 9402 7471 2055 3988 05 edified Mail Restricted Delivery 0 Signature Confirmation' ❑Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery d Mail 7022 0410 0000 7789 4568 50)il Restricted Delivery DR Fnrm RR11 .Iiiki 9n9n Psfu 7sfAn_m_nnn_anca flnmoctic Rat urn Rorain USPS TRACKING# R �3C) First-Class Mail Postage&Fees Paid USPS N111 �' Permit No.G-10 s 9590 9402 7471 2055 3988 05 0 United States •Sender:Please print your name,a4ress,and ZIP-4®in this box* Postal Service < m I D NCI)I::QJWQROS m* z- 610 E. CENTER AVE9P tz zz SUITE 301 O� o m MOORESVILLE NC 4115 _0 0 S (iiiiiiiiiiiiiiiiiitiiiiiiiiiiliiii,IiiiiiiiiiIIiiiiIiiIiliiiiii F I LE ROY COOPER A„ Governor ,1 ` 1 Aw ELIZABETH S.BISER Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7022 0410 0000 7789 4568 Return Receipt Requested March 14, 2023 Andy Lucas Greater Badin Water & Sewer District 1000 N First St Ste 10 Albemarle, NC 28001 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0129 Sanitary Sewer Overflows - February 2023 Collection System Permit No. WQCS00171 Greater Badin Collection System Stanly County Dear Mr. Lucas: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Greater Badin Water & Sewer District. The Division's Mooresville Regional Office concludes that the Greater Badin Water & Sewer District violated Permit Condition I (2) of Permit No. WQCS00171 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 Greater Badin Water &Sewer District an opportunity to provide evidence and justification as to why the Greater Badin Water & Sewer District 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 202300310 2/12/2023 450 402 Gold St,Oakboro, Inflow and 45,000 45,000 Notice of Violation NC, 28129 Infiltration, Severe Intent to Enforce Natural Condition Nor Coll Depament of Envimental Quak Division of er R Mooresvilthar le Regional na "Office' b10 Eastron Center Avenue.y Suite 301 MooWatrcsvdkesources.North Carollna 28115 �+•�+ �++� 704.M3.I699 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 ioanna.harbisonCa ncdenr.gov. Sincerely, DocuSigned by: 414.4, H N4.44 —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 dhturner( stanlycountync.gov 11E North Carolina Department of Emlronmental Quality I Dlvis on nt Water Resourres �_ ,./ Mooresville Regional 011k,:t10 East Center Avenue.Suite J01 Mooresvdk.North Carolina 28115 Ur --4� / 704 bb7.1644 Laserfiche 0:1, 4, STANLY COUNTY NORTH � 13EC�IV1=H;, AOORESViek... ncAadONAL WOFFIC EWatei 74 laird, Ja6CGes, March 29, 2023 Mr. Michael Meilinger NCDEQ Mooresville Regional Office 610 East Center Avenue Suite 301 Mooresville,NC 29202 Re: Subject: Notice of Violation and Assessment of Civil Penalty Tracking No: NOV-2023-DV-0129 Permit No. WQCS00171 West Stanly Wastewater Collection System Stanly County Mr. Meilinger, In response to Sanitary Sewer Overflow that occurred on February 12, 2023 at the McCoy Creek Pump Station. I have the following to add concerning this event. A torrential rain event occurred on this day delivering in excess of 3.5-inches of rain to the Stanly County and Oakboro area. Our crews responded on-site to address the issue and operated the pump station by hand until the flow subsided. The McCoy Pump station is a regional pump station that collects sewer flows from the Town of Oakboro, City of Locust and Town of Stanfield. We have little if any jurisdiction over the management of these collection systems. I had received unconfirmed reports that multiple manholes in the closest town were surcharging during this event but no one willing to go on record as what they have observed. This town also manages a sanitary sewer overflow lagoon and can at their discretion release flow from this lagoon without notice to Stanly County. Stanly County is actively working to address the situation on our end even though we are not the direct cause of the issue. We are under contract with the Wooten Company for a planned expansion of the McCoy Creek Pump Station that will scheduled to be installed by mid-2026. This expansion will create a redundant wet well chamber and replacement of the existing 45 HP pumps with 100 HP pumps and a new large diameter parallel forcemain with updated SCADA control, these improvements Utilities Department,1000 N.First Street,Suite 12,Albemarle,NC 28001 P/704,986.3686 wwwstanlycountync.gov F/704.986.3711 STA I COUNTY A 5 ��''�� NORTH LAHOLINA Wc1tee..,4, /a /& ee, r. should greatly reduce a repeat incident. We are looking to upgrade the SCADA control later on this year. Current firm capacity at the McCoy Creek Pump Station is in excess of 3.0 million GPD. With upgraded expansion, firm capacity will be in excess of a 6.25 GPD hydraulic load. I appreciate your understanding to the political sensitivity regarding some of the statements made in this correspondence. I would ask for some consideration in the civil penalty because the incident was virtually unavoidable with the existing control equipment in place. Stanly County will do its utmost to manage flow coming through the facility but until something is addressed with the other collection If you have any additional comments,concerns or advice please do not hesitate to contact via email or phone numbers provided below. Respectfully, Duane Wingo Duane Wingo, PE Stanly County Utilities Director 1000 N. First Street Suite 12 Albemarle, NC 28001 Phone: (704) 986-3691 Cell: (704) 221-4291 dwingo astanlycountync.gov Cc: Clinton Hinson Michael Burris Detria Turner File: 631 (07) NOV-2023-DV-0129 Utilities Department 1000 N.First Stree4 Suite 12,Albemarle,NC 28001 P/704.986.3686 www.stan(vcountync.gov F/704.986.3711