WQCS00162_NOV-2023-DV-0324_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 0480
Return Receipt Requested
August 21, 2023
Don Denton
Carolina Water Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224-0908
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0324
Sanitary Sewer Overflows - April 2023
Collection System Permit No. WQCS00162
Fairfield Harbour Collection System
Craven County
Dear Mr. Denton:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Carolina Water Service Inc of North Carolina. The Division's Washington Regional Office concludes that the
Carolina Water Service Inc of North Carolina violated Permit Condition I (2) of Permit No. WQCS00162 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 Carolina Water Service Inc of North Carolina an opportunity to
provide evidence and justification as to why the Carolina Water Service Inc of North Carolina 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 (Mips) Location Cause (Gals) (Gals) DWR Action
202300729 4/23/2023 120 Lift station #17 Bypass Pump station 2,500 200 Notice of Violation
Pedestal 7 Condo equipment failure
Harbor Drive New Bern
NC 28560
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252.946.6461

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 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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