NC0024970_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
Unpermitted Outlet to Waters of the State
Charlotte Water/McAlpine Creek WWMF
NPDES Permit No. NCO024970
Mecklenburg County
Tracking #: NOV-2024-DV-0250
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 15, 2024, Charlotte Water had determined that approximately 195 gallons of ferric chloride had discharged into
McAlpine Creek (via stormwater drainage system) from the Charlotte Water/McAlpine Creek Wastewater Management Facility
(WWMF) located at 12701 Lancaster Highway, Pineville/Mecklenburg County. Charlotte Water's follow-up written report
attributed the discharge of ferric chloride to a broken feed line that had resulted from a collapsed bank of an excavation trench.
Charlotte Water had not applied for or secured a permit to discharge ferric chloride into McAlpine Creek from the Division.
As a result of the unpermitted discharge of ferric chloride into McAlpine 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."
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
D_E Q�� North Carolina Department of Environmental quality I Division of Water Resources
Mooresville Regional OfRce 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
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704.6631699

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.
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
wes.bellgdeq.nc.gov.
Sincerely,
DocuSigned by:
A�w H P
F161FB69A2D84A3...
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
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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