WQCS00104_NOV-2024-DV-0072_20240206

ROY COOPER
coeernor
ELIZABETH S. BISER
Secrerary
RICHARD E. ROGERS, JR.
Director
STAIEo-
i
x
NORTH CAROLINA
Environmental Quality
Certified Mail # 7022 1670 0000 9974 8822
Return Receipt Requested
February 06, 2024
Will Lewis, Mayor
City of Havelock
1 Governmental Ave
Havelock, NC 28532
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0072
Sanitary Sewer Overflows - January 2024
Collection System Permit No. WQCS00104
Havelock Collection System
Craven County
The Honorable Will Lewis:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Havelock. The Division's Washington Regional Office concludes that the City of Havelock violated Permit
Condition I (2) of Permit No. WQCS00104 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 Havelock an opportunity to provide evidence and
justification as to why the City of Havelock 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
202400336
1/21/2024
360
115 BERKSHIRE DRIVE, Pipe Failure (Break)
9,000
9,000 Notice of Violation
HAVELOCK, 28532
202400337
1/22/2024
30
101 E. Main Street Debris in line
4,500
4,500 Notice of Violation
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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,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Washington Regional Office
Division of Water Resources, NCDEQ
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