WQCS00082_NOV-2024-DV-0068_20240206

ROY COOPER
Go,ernor
ELIZABETH S. BISER
Secretary
RECHARD E. ROGERS, JR.
Director
srnre
NORTH CAROLINA
Environmental Quality
Certified Mail # 7022 1670 0000 9974 8785
Return Receipt Requested
February 06, 2024
Montre D Freeman, City Manager
City of Elizabeth City
PO Box 347
Elizabeth City, NC 27909-0347
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0068
Sanitary Sewer Overflows - November 2023
Collection System Permit No. WQCS00082
Elizabeth City Collection System
Pasquotank County
Dear Mr. Freeman:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Elizabeth City. The Division's Washington Regional Office concludes that the City of Elizabeth City violated
Permit Condition I (2) of Permit No. WQCS00082 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 City of Elizabeth City an opportunity to provide evidence and
justification as to why the City of Elizabeth City should not be assessed a civil penalty for the violation that are
summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202301513 11/6/2023 55 River Shore Rd. and Pump station 2,000 2,000 Notice of Violation
Park View Dr. equipment failure
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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,
Plow TR.4.4
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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