WQCSD0700_NOV-2023-DV-0325_20230821

ROY COOPER
coeernor
ELIZABETH S. BISER
Secrerary
RICHARD E. ROGERS, JR.
Director
STAIEo-
i
x
NORTH CAROLINA
Environmental Quality
Certified Mail # 7021 0950 00018685 0497
Return Receipt Requested
August 21, 2023
Dannie Kennedy
Hillco, LTD
PO Box 6159
Kinston, NC 28501
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0325
Sanitary Sewer Overflows - May 2023
Collection System Permit No. WQCSD0700
Ayden Court Rehabilitation & Nursing Center
Pitt County
Dear Ms. Kennedy:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Hillco, LTD. The Division's Washington Regional Office concludes that the Hillco, LTD violated Permit Condition I (2)
of Permit No. WQCSD0700 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 Washington Regional Office is providing the Hillco, LTD an opportunity to provide evidence and justification as
to why the Hillco, LTD 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
202300821 5/9/2023 2,010 4324 Magellan Ct, Debris in line 4,950 0 Notice of Violation
Ayden, NC, 28513
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.
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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 Sarah Toppen with the Water Quality Section in
the Washington Regional Office at 252-946-6481 or via email at [e-mail].
Cc: Laserfiche
Sincerely,
ROW TOW."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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