NC0024970_Notice of Violation_20230809

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
CERTIFIED MAIL #: 7018 3090 0001 2322 7126
RETURN RECEIPT REQUESTED
Joseph Lockler, Operations Chief
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
SUBJECT: Notice of Violation
Unpermitted Discharge of Wastewater
Charlotte Water/McAlpine Creek WWTP
NPDES Permit No. NCO024970
Mecklenburg County
Tracking #: NOV-2023-DV-0309
Dear Mr. Lockler:
NORTH CAROLINA
Environmental Quality
August 9, 2023
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the Environmental
Management Commission of the Department of Environmental Quality of protect and preserve the water resources of the
State. The Division of Water Resources (DWR) has the delegated authority to enforce adopted water pollution control rules
and regulations.
On July 20, 2023 (11:45 p.m.), Charlotte Water staff at the McAlpine Creek wastewater treatment facility discovered a
discharge of digested sludge onto the ground at the facility's digester complex. On July 21, 2023 (approximately 12:30 a.m.),
Charlotte Water staff observed the digested sludge entering the stormwater drainage system that discharges into McApline
Creek. Charlotte Water notified the DWR/Mooresville Regional Office on July 21, 2023, and the follow-up written report was
received on July 28, 2023. Charlotte Water's follow-up written report indicated that the discharge was caused by a pipe
failure on the piping system that conveys digested sludge from the anaerobic digesters to the digested sludge storage tank and
a total of approximately 18,418 gallons of digested sludge was discharged on the ground with approximately 6,139 to 9,209
gallons entering McAlpine Creek via stormwater drainage system. No aquatic impacts were observed in McAlpine Creek.
Charlotte Water had not applied for or secured a permit to discharge digested sludge into McAlpine Creek from the Division.
Please be advised that G.S. 143-215.6A provides for a civil penalty of not more than twenty-five thousand dollars
($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is of a continuing nature, against any
person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1(a). Penalties may also be
assessed for any damage to surface waters of the State that may result from the violation.
D � North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
car�aiw,
704.663.1699

This letter will not require a response due to the detailed follow-up report; however, if you would like to provide
additional information then please submit the written response no later than ten (10) days of letter receipt.
Should you have any questions concerning this Notice, please do not hesitate to contact Mr. Bell at [phone] or at
[e-mail].
Cc: NPDES Program Files - Laserfiche
Sincerely,
DocuSigned by:
F161 FB69A2D84A3...
Andrew H. Pitner, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
.-,-�,-DWE
North Carolina Department of Environmental Quality [ Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.663.1699