WQCS00026_NOV and Intent to Assess_20230223

. . Dos a ervice
CERTIFIED MAIL° RECEIPT
13 Domestic Mail Only
• For delivery information,visit our website at www.usps.com-.
1 f?'
D Certified Mail Fee
$ .l0
Extra Services&Fees(check box,add fee as appropnate)
❑Return Receipt(hardcopy) $ _
D ElReturn Receipt(electronic) $ PO
❑Certified Mel Restricted Delivery $ ye
D ❑Adult Signature Required $ /
❑Adult Signature Restricted Delivery$
D Postage
jr $
Total l CITY OF MONROE
$ POBOX69
U Sent' MONROE NC 28111-0069
u
D Streei ATTN:BRIAN BORNE,CITY MANAGER
dwr/jh 2/23/23
City,t

;ertlnea moan service proviaes the Toilowing nenents:
A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail
A unique identifier for your mailpiece. associate for assistance.To receive a duplicate
Electronic verification of delivery or attempted return receipt for no additional fee,present this
delivery. USPS®-postmarked Certified Mail receipt to the
retail associate.
A record of deliver
y(including the recipient's
signature)that is retained by the Postal Service' -Restricted delivery service,which provides
for a specified period. delivery to the addressee specified by name,or
to the addressee's authorized agent.
nportant Reminders: -Adult signature service,which requires the
You may purchase Certified Mail service with signee to be at least 21 years of age(not
First-Class Mail',First-Class Package Service', available at retail).
or Priority Mail®service. -Adult signature restricted delivery service,which
Certified Mail service is not available for requires the signee to be at least 21 years of am
international mail. and provides delivery to the addressee specified
Insurance coverage Is not available for purchase by name,or to the addressee's authorized agent
with Certified Mail service.However,the purchase (not available at retail).
of Certified Mail service does not change the •To ensure that your Certified Mail receipt is
insurance coverage automatically included with accepted as legal proof of mailing,it should bear a
certain Priority.Mail items. USPS postmark.If you would like a postmark on
For an additional fee,and with a proper this Certified Mail receipt,please present your
endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for
the following services: postmarking.If you don't need a postmark on this
-Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion
of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply
You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.
electronic version.For a hardcopy return receipt,
complete PS Form 3811,Domestic Return
Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records.

ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signature
IN Print your name and address on the reverse X ❑Agent
so that we can return the card to you. ❑Addresse
• Attach this card to the back of the mailpiece, B. Recei b J10 id&T OF C. Date of Deliver
or on the front if space permits. 72�,„/„. .✓ t t�7 rcx1,
1. Article Addressed to: D. Is delivri'addr.ess different from item-I'? ❑Yes
CITY OF MONROE If YES;enter delivery address below: No
PO BOX 69 1 K1EB 2 5 2023
MONROE NC 28111-0069
Al. AV:BRIAN BORNE,CITY MANAGER
dwr/jh 2/23/23
12
3. Service Type -t NC Priority Mail Express®
II I II1III I'll III(II I I II I I I'I III I I'I I I I I I I'1 0 Adult Signature 0 Registered Mail'
❑Adult Signature Restricted Delivery ❑Registered Mail Restrict
Certified Mail® Delivery
9590 9402 7471 2055 3995 29 ertified Mail Restricted Delivery 0 Signature Confirmation'
❑Collect on Delivery 0 Signature Confirmation
n n..:,,i„M,,...h,,./Trmnefor from caniirra Iahall 0 Collect on Delivery Restricted Delivery Restricted Delivery
7022 4 1 0 0000 7789 4469 sured Mailsured Mall Restricted Delivery
------------_ -- ---- , ver$500)
PS Form Sail.July 2020 PSN 7530-1 2-000-9053 Domestic Return Receio

USPS TRACKING#
First-Class Mail
y Postage&Fees Paid
11111131Rarillg USPS
Permit No.G-10
9590 9402 7441 2055 3995 29
Unite States •Sender: Please print your name, address, and ZIP+4®in this box•
Post rvice
iiiiii��� 44
E N C D EQ/W QROS
N 610 E. CENTER AVENUE
'—' It SUITE 301
11"i I'
1 i MOORESVILLE NC 28115
"Iiiiil'llhill!liiiiili'iiiil'iiiij"i'iitiiiilillY"Iiiiiii

FILE
ROY COOPER -
Governor
ELIZABETH S.BISER
Secretary aun •=
RICHARD E.ROGERS.JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 4469
Return Receipt Requested
February 23, 2023
Brian J Borne, City Manager
City of Monroe
PO Box 69
Monroe, NC 28111-0069
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0110
Sanitary Sewer Overflows - January 2023
Collection System Permit No. WQCS00026
Monroe Collection System
Union County
Dear Mr. Borne:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Monroe. The Division's Mooresville Regional Office concludes that the City of Monroe violated Permit
Condition I (2) of Permit No. WQCS00026 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 Mooresville Regional Office is providing the City of Monroe an opportunity to provide evidence and justification
as to why the City of Monroe 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
202300131 1/25/2023 425 1920 Wolf Pond Rd, Severe Natural 4,240 4,240 Notice of Violation
Monroe, NC, 28112 Condition Intent to Enforce
202300132 1/25/2023 40 522 W Park Dr, Monroe, Grease 200 200 Deficiency, No Further
NC, 28112 Action
DE Q North Carolina Department at Environmental Quality D ris on at Warer Resources
Mooresville Regional Office b10 East Center Menue.Suite 301 Mooresvdk.worth Carolina MI5
V ✓ 704 bo3.l04

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 Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at oanna.harbison(ancdenr.gov.
Sincerely,
ObeliSigned by:
L4.I4Lw H P4444
F161FB69A2084A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
•
D_E Q`J/ North Carolina Department of Environmental Qual ty D viswn of ware Resources
rr�) Mooresvilte Regional Oftke blO East Center Menue.Suite 301 Moarsvdk.North Carolina 28115
a....�at..r.sr." 704663.l04

RECEIVEDINCDEQIDWR
City of Laserfiche MAR 10 2023
I W°R°S
o1ro e
MOORESVILLE REGIONAL OFFICE
Water Resources _ monroenc.org • 704-282-4601 • PO Box 69, Monroe, NC 28111
Febuary 27th, 2023
Mr. Andrew H. Pitner
Assistant Regional Supervisor
Water Quality Regional Operations Section
NCDEQ
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville,NC 28115
•
Subject: Response to Notice of Violation
Tracking#NOV-2023-DV-0110
Sanitary Sewer Overflow- January 2023
Collection System Permit No. WQCS00026
Monroe Collection System
Union County
Dear Mr. Pitner,
This letter is in response to the NC Department of Environmental Quality(NCDEQ)Notice of Violation
/Notice of Intent to Enforce, the letter dated February 23, 2023 and received by City of Monroe Water
Resources on February 27th, 2023.
NCDEQ identified the following Sanitary Sewer Overflow(SSO) on January 25th, 2023 as ineffectively
managing, and maintaining the collections system. In response the City of Monroe is providing the
following evidence that the SSO was unintentional and that the overflow was beyond our reasonable
control of our operations and that compliance with our collections system permit remains our utmost
responsibility.
Incident#202300131 was during a severe natural condition in which we received over three inches (3")
of rain from January 23rd through January 26th. The ground was overly saturated and was no longer able
to absorb the rain water into the soil. The ten-day forecast called for four tenths of an inch(.4") of rain.
Over the course of 25 days leading to this we received an amount of five(5") inches and three tenths of
an inch(5.3") of rain fall at the waste water treatment plant (WWTP).
Upon identifying the area and checking an elevated upstream manhole that was surcharged it was
determined, that the spill was a result of the severe natural condition. A City of Monroe Water
Resources representative was stationed onsite during the duration of the spill to monitor any changes
and when the spill stopped. Once the spill was stopped,the affected area was treated with lime as stated
in the BIMS report.

The City of Monroe Water Resources Engineering staff and Maintenance Staff are currently working on
a plan to prevent and mitigate spills in the area. The City of Monroe Water Resources will be utilizing
new technologies in the attempt to mitigate issues in the subject area. SMART Covers which help to
analyze the area for surcharge and flow changes will be utilized in this area to monitor any changes or
suspected SSO's within in the line.
The SSO was not within reasonable control of the permittee; the SSO could not have been prevented by
the exercise of reasonable control, such as proper management,preventive maintenance. The permittee
followed all City of Monroe Sanitary Sewer Overflow Response Plan(SSOP)procedures.
The City of Monroe meets and exceeds the 10% cleaning goal each year with various methods including
pipe bursting, CIPP,basin cleaning, and CCTV inspection. The City of Monroe has staff available 24
hours a day 7 days per week with anticipated response time of less the 45 minutes to respond to any
given call. This helps to reduce the impact and duration of sewer spills. In addition, contacts are utilized
with construction companies for emergency situations.
The City of Monroe Water Resources is respectively requesting that civil penalties not be applied to the
above SSO that occurred during the month of November, due to the above factors being satisfied and
evidence showing that the overflow was not expected to occur.
If you have any questions or require further information, please contact me at phone number 704-282-
4610 or via email at [e-mail]
Sincerely,
Chuck Derrick
Water Resources Maintenance Superintendent/ORC
Water Resources Department
City of Monroe
Attachment: DEQ NOV letter
Area Map of SSO

F -+ C A Not secure 1 wateroak-a/LUCITYWEB/Protected/Lucity.aspx?
Jr IUCIty
A fINIL45QUAA1 COWAN',/ * Home c) Water Resources Map © +
1ve171 tt`
,AK','.,.•-I•,.-•ti•r.. '....t.f,.i-':'.'.'"- '%..`'-..\ ,"'•0. '..-..'•'.-'.-• , '.,
> dY' b. CQQO JM147e a77 -
41 M
:-1t1'C`: .
M 1y
f .A Q v1792 Sut` .F r
y f ' V17936 J2599 ` ,y� } t°
_ 'J ter.' M1474 _ ,1343 ``�` .R aP ,,' r' , „ 1i .4
M13437 - - - �, Vt345 Ni, S r {
S ?‘., - .. � -- `Y ?- - M74135M170 ,/� `� r�
•
N1613411473 y` ,q{ r
♦,.. \ M14l1 ` \ .. ... r ""R�,- rtp vafi ® • `.M1-, '✓ R � �CPr",I,r C., t' °,If'•-f.
"s \ i+" , r a L 0
` . A .,ram,
M�• �►,• MI1436 .► its.-;, ;,�.� .t� s� M76! 7..: liti,,.e E ! « �.
•
ilip
ti. .,k•1% ,;-i.4.4'1 -.11#':
414i'' .. • •
.-.1 , Cr 4ff.At ,s4fegith„1.:•'
, r.----: . . • ^,:-.•:. .. . . .
• 0 ',' .JJ. A ,.. 4/Ai
t . ft ,,,v• , ,, . r , .C", ,dt , ot
7... r r. ail '' ...r
0 o _ _ _ ' ''a .•r. of, 1 "