NC0024945_Notice of Violation_20240531

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Joseph Lockler, Operations Chief
Charlotte Water
5100 Brookshire Blvd.
Charlotte, NC 28216
NORTH CAROLINA
Environmental Quality
May 31, 2024
(also delivered via email to: Joseph.Locklerkcharlottenc.gov)
SUBJECT: Notice of Violation/Notice of Recommendation for Enforcement
Unpermitted Outlet to waters of the State/
Improper Operation & Maintenance
Charlotte Water/Irwin Creek WRRF
NPDES Permit No. NCO024945
Mecklenburg County
Tracking #: NOV-2024-DV-0248
Dear Mr. Lockler:
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 May 13, 2024, Charlotte Water discharged approximately 123,000 gallons of wastewater (belt filter press filtrate) into
an unnamed tributary to Irwin Creek from the Charlotte Water/Irwin Creek Water Resource Recovery Facility (WRRF) located
at 4000 Westmont Drive, Charlotte/Mecklenburg County. Charlotte Water's follow-up written report attributed the discharge
of wastewater to a buildup of struvite in the piping system. Charlotte Water had not applied for or secured a permit to
discharge the wastewater into the unnamed tributary to Irwin Creek from the Division.
As a result of the unpermitted discharge of wastewater into an unnamed tributary to Irwin Creek, Charlotte Water is in
violation of the following:
G.S. 143-215.1(a) Control of Sources of Pollution — Permits Required, which states in part, "No person shall do any
of the following things or carry out any of the following activities unless that person has received a permit from the
Commission and has complied with all conditions set forth in the permit:
(1) Make any outlets into the waters of the State."
D_E Q�� North Carolina Department of Environmental quality I Divisionof Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
a;k c-u+ci
704.6631699

2. NPDES Permit No. NCO024945 — Part II, Section C(2) Proper Operation and Maintenance, which states in part, "The
Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit."
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 and/or who violates or fails to act in accordance with the
terms, conditions, or requirements set forth in the permit required by G.S. 143-215.1. Penalties may also be assessed for any
damage to surface waters of the State that may result from the violation.
This letter is also to advise you that this Office is considering the initiation of an enforcement action for the unpermitted
outlet of wastewater into an unnamed tributary to Irwin Creek and the failure to properly operate and maintain the wastewater
treatment facility. If you would like to provide additional information than what was included in the detailed 5-day follow-up
report, 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
we s.bell(cf�,deq.nc. gov.
Sincerely,
Docu Signed by:
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Andrew H. Pitner, P.G.
Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: NPDES Program Files - Laserfiche
e1- DEQ-_
North Carolina Department of Environmental quality I Divisionof Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.6631699