WQ0003626_NOV and Intent to Assess_20240312

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r CHARLOTTE WATER
3 4222 WESTMONT DRIVE
CHARLOTTE NC 28217-1030
ATTN:ANGELA CHARLES, DIRECTOR
dwr/jh 3/12/24

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CHARLOTTE WATER
4222 WESTMONT DRIVE
CHARLOTTE NC 28217-1030
ATTN:ANGELA CHARLES,DIRECTOR
dwr/jh 3/12/24
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NCDEQ/WQROS ON 2. 2.
610 E. CENTER AVENUE s� O SUITE 301
MOORESVILLE NC 28115 009 _' Cl?O
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�-��siArf`v.� FILE
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ROY COOPER � �•� � . 0
Governor ,�I {{ �r
ELIZABETH S.BISER
Secretary
Guaw.rc�w•
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 5930
Return Receipt Requested
March 12, 2024
Angela D Charles, Director
Charlotte Water
4222 Westmont Dr
Charlotte, NC 28217-1030
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0155
Sanitary Sewer Overflows - February 2024
Collection System Permit No. WQCS00001
Charlotte Water Collection System
Mecklenburg County
Dear Ms.Charles:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report's submitted by
Charlotte Water. The Division's Mooresville Regional Office concludes that the Charlotte Water violated Permit
Condition I (2) of Permit No. WQCS00001 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 Charlotte Water an opportunity to provide evidence and
justification as to why the Charlotte Water 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
202400432 2/6/2024 185 1920 DAYTONA Roots 175 175 Deficiency, No Further
AVENUE-ZONE 4 Action
202400446 2/8/2024 353 3200 MONROE ROAD- Other 1,059 1,059 Notice of Violation
ZONE 4
D_E Q L North Carolina Department ut Environmental Quality Division of Water Resources
v Mooresville Regional Office el0 taut Center Avenue.Suite 301 Mooresilk.North 28115
�+.\ / 704 lab3.1699

Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202400448 2/10/2024 249 3915 HAVERHILL DRIVE Pipe Failure(Break) 1,155 577 Notice of Violation
-ZONE 4
202400451 2/11/2024 294 1821 BACK CREEK Grease 1,470 1,470 Notice of Violation
CHURCH ROAD-ZONE
2
202400452 2/11/2024 420 1823 CARMEL RIDGE Debris in line 2,100 2,100 Notice of Violation
ROAD-ZONE 3
202400462 2/13/2024 180 2459 Dunlavin Way- Debris in line,Grease 900 800 Notice of Violation
ZONE 2
202400463 2/13/2024 110 1825 Back Creek Dr- Pipe Failure(Break) 550 550 Notice of Violation
ZONE 2
202400475 2/15/2024 105 5116 Wedgewood Roots 525 525 Notice of Violation
Drive-ZONE 4
202400476 2/16/2024 46 7417 Sheffingdell Dr- Grease 690 690 Notice of Violation
ZONE 3
202400481 2/16/2024 61 4601 Nevin Rd-ZONE Grease 610 610 Notice of Violation
2
202400490 2/19/2024 50 609 Farmhurst Drive- Grease 500 250 Deficiency, No Further
ZONE 3 Action
202400491 2/19/2024 240 7120 Red Bud Circle- Pipe Failure(Break) 4,800 4,800 Notice of Violation
ZONE 4 Intent to Enforce
202400494 2/20/2024 5,896 11815 North Tryon Debris in line,Grease 2,720 2,720 Notice of Violation
Street-ZONE 2 Intent to Enforce
202400510 2/22/2024 103 11450 Legette Court- Grease 1,030 1,030 Notice of Violation
ZONE 3
202400514 2/22/2024 100 720 Ann Elizabeth Drive Roots 500 500 Notice of Violation
-ZONE 2
202400524 2/26/2024 325 449 Kendrick Ave- Roots 1,625 1,625 Notice of Violation
ZONE 2
202400549 2/28/2024 180 6931 Crossridge Road- Pipe Failure(Break) 3,600 3,600 Notice of Violation
ZONE 4 Intent to Enforce
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.
DE Q North Carolina Departs ent 4Ln'EaonmentJ Qualtry Divispn of Water Rcsources
Mooresville Regional Office blO East Center Avenue.Suite 301 i Mooresvilk.North Carouser 28115
704.663.1699

r
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 joanna.harbison(a�deq.nc.gov.
Sincerely,
—DocuSigbed by:
A+.. H Pu4.-
�—F 161 FB69A2D84A3...
Andrew H. Pitner, P.G., 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
steven.wrobleskiCalcharlottenc.gov
Matthew.Morris@)charlottenc.gov
North Carolina Department of EnvironmentaiQualny Division of Waler Resources
Mooresville Regional Off ce bio East Center Avenue.Suite 301 Mooresville.North Carolina 28115
;oa.bba.lbvn

CHARLOTTE
WTER
March 27,2024 {
Mr. Andrew Pitner
- 12024
Regional Supervisor w os
Mooresville Regional Office MOORES ILLE REGIONAL OFFICE
North Carolina Department of Environmental Quality
610 East Center Avenue, Suite 301
Mooresville,North Carolina 28115
Subject: Response to Notice of Violation
Tracking#NOV-2024-DV-0155
Sanitary Sewer Overflows—February 2024
Collection System Permit No. WQCS00001
Charlotte Water Collection System
Mecklenburg County
Dear Mr. Pitner:
This letter is in response to the NC Department of Environmental Quality's (NCDEQ)Notice of
Violation letter dated March 12, 2024,which was received by Charlotte Water-Field Operations
on March 15,2024.
NCDEQ identified the following Sanitary Sewer Overflow(SSO) incidents that occurred in
February 2024 for consideration of a Notice of Violation with the possibility of a civil penalty.
In response, Charlotte Water is providing the following evidence that the overflow cited was
unintentional and beyond the reasonable control of our operation and that compliance with the
collection system permit remains our utmost responsibility.
Incident#202400432 occurred on 2/6/2024 located at 1920 Daytona Avenue due to roots. Total
volume of spill was 175 gallons with 175 gallons reaching surface water. Duration of spill was
185 minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/7/2024 with no
further action required. Root Control treatment work order was created and currently assigned to
Charlotte Water contractor.
Incident#202400446 occurred on 2/8/2024 located at 3200 Monroe Rd due to other. Total
volume of spill was 1,059 gallons with 1,059 gallons reaching surface water. Duration of spill
was 353 minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/9/2024
• with no further action required. Charlotte Water System Protection performed an investigation
on surrounding businesses that included Bojangles, Dunkin, and 7- Eleven due to large chunks of
debris that were believed to have been sugar. Charlotte Water System Protection did not find
evidence that would suggest these establishments were the cause of the SSO.
Incident #202400448 occurred on 2/10/2024 located at 3915 Haverhill Drive due to pipe failure.
Total volume of spill was 1,155 gallons with 577 gallons reaching surface water. Duration of
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org

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spill was 249 minutes. Charlotte Water follow up cleaning and CCTV was performed on
2/13/2024. CCTV revealed a pipe failure, and a permanent repair was completed on 2/28/2024
with no further action required.
Incident#202400451 occurred on 2/11/2024 at 1821 Back Creek Church Rd due to grease. Total
volume of spill was 1,470 gallons with 1,470 gallons reaching surface water. Duration of spill
was 294 minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/14/2024
with no further action required.
Incident#202400452 occurred on 2/11/2024 at 1823 Carmel Ridge Rd due to debris in line.
Total volume of spill was 2,100 gallons with 2,100 gallons reaching surface water. Duration of
spill was 420 minutes. Charlotte Water follow up cleaning and CCTV was completed on
2/15/2024 with no further action required.
Incident#202400462 occurred on 2/13/2024 at 2549 Dunlavin Way due to debris in line and
grease. Total volume of spill was 900 gallons with 800 gallons reaching surface water. Duration
of spill was 180 minutes. Charlotte Water follow up cleaning and CCTV was completed on
2/15/2024 with no further action required.
Incident#202400463 occurred on 2/13/2024 at 1825 Back Creek Dr due to pipe failure. Total
volume of spill was 550 gallons with 550 gallons reaching surface water. Duration of spill was
110 minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/16/2024.
CCTV revealed a pipe failure,and a temporary repair was performed. Due to depth of line which
is approximately 20ft and conflicting utilities a permanent repair was delayed but completed on
3/28/2024.No further action is required.
Incident#202400475 occurred on 2/15/2024 located at 5116 Wedgewood Dr due to roots. Total
volume of spill was 525 gallons with 525 gallons reaching surface water. Duration of spill was
105 minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/16/2024.
CCTV revealed a severe root intrusion in blockage manhole. Charlotte Water made permanent
repair to manhole on 2/22/2024 with no further action required.
Incident#202400476 occurred on 2/16/2024 located at 7417 Sheffingdell Dr due to grease. Total
volume of spill was 690 gallons with 690 gallons reaching surface water. Duration of spill was
46 minutes. Charlotte Water follow up cleaning and CCTV was performed on 2/19/2024. CCTV
revealed a sag and fracture pipe. Fracture pipe was not believed to be a cause of spill but is
scheduled for pipe patch. Quarterly cleaning will be scheduled for gravity main with sag.
Incident#202400481 occurred on 2/16/2024 located at 4601 Nevin Rd due to grease. Total
volume of spill was 610 gallons with 610 gallons reaching surface water. Duration of spill was
61 minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/19/2024 with no
further action required.
Incident#202400490 occurred on 2/19/2024 located at 609 Farmhurst Drive due to grease. Total
volume of spill was 500 gallons with 250 gallons reaching surface water. Duration of spill was
50 minutes. Charlotte Water follow up cleaning and CCTV was performed on 2/21/2024 with no
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org

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further action required. Charlotte Water System Protection performed an inspection on 2/28/2024
on the surrounding multi family complexes. Educational materials were distributed to the leasing
offices of each property to distribute to their tenants.
Incident#202400491 occurred on 2/19/2024 at 7120 Red Bud Circle due to pipe failure Total
volume of spill was 4,800 gallons with 4,800 gallons reaching surface water. Duration of spill
was 240 minutes. Site visit concluded that pipe adjacent to creek collapsed due to creek bank
erosion potentially due to severe natural condition. The site was put on bypass pumping and
assigned to Charlotte Water contractor for repairs. Approximately 40' of new sewer main was
installed alongside creek on 2/28/2024. Creek bank was armored with geotextiles and rip rap to
prevent future erosion.No further action was required.
Incident#202400494 occurred on 2/20/2024 at 11815 North Tryon St due to debris in line and
grease. Total volume of spill was 2,720 gallons with 2,720 gallons reaching surface water.
Duration of spill was 136 minutes. Charlotte Water follow up cleaning and CCTV was
completed on 2/27/2024. CCTV revealed an offset in manhole that may have been contributing
cause. Charlotte Water has assigned manhole repair to contractor and is awaiting repairs.
Charlotte Water is monitoring site until repair is complete.
Incident#202400510 occurred on 2/22/2024 at 11450 Legette Ct due to grease. Total volume of
spill was 1,030 gallons with 1,030 gallons reaching surface water. Duration of spill was 103
minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/23/2024 with no
further action required.
Incident#202400514 occurred on 2/22/2024 at 720 Ann Elizabeth Drive due to roots. Total
volume of spill was 500 gallons with 500 gallons reaching surface water. Duration of spill was
100 minutes. Charlotte Water follow up cleaning and CCTV was completed on 2/29/2024 with
no further action required.
Incident#202400524 occurred on 2/26/2024 at 449 Kendrick Ave due to roots. Total volume of
spill was 1,625 gallons with 1,625 gallons reaching surface water. Charlotte Water follow up
cleaning and CCTV was completed on 2/29/2024 with no further action required.
Incident#202400549 occurred on 2/28/2024 at 6931 Crossridge Rd due to pipe failure. Total
volume of spill was 3,600 gallons with 3,600 gallons reaching surface water. Duration of spill
was 180 minutes. Gravity main was put on by pass pumping and Charlotte Water crews made a
permanent repair with replacement of 17' of ductile iron pipe on 3/4/2024. Charlotte Water
follow cleaning and CCTV was performed on 3/7/2024 with no further action required.
As stated in section 1.3.b. of the Permit, Charlotte Water must demonstrate through properly
signed, contemporaneous operating logs, or other evidence that the causes of the SSOs were
exceptional, unintentional,temporary and caused by factors beyond the reasonable control of the
permittee;the SSOs could not have been prevented by the exercise of reasonable control, such as
proper management, operation and maintenance; adequate treatment facilities or collection
system facilities or components (e.g. adequately enlarging treatment or collection facilities to
accommodate growth or adequately controlling and preventing infiltration and inflow); and the
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org

4
permittee took all reasonable steps to stop,and mitigate the impact of,the discharge as soon as
possible.All protocols were followed according to the Charlotte Water- Sanitary Sewer
Overflow Rapid Response Plan (SSORRP).
The mitigation factors considered for enforcement listed in the NOV letter and guidance
provided by DEQ when considering a NOV with civil penalty are listed below with additional
reasons for not imposing a civil penalty:
1) There was minimal or no harm to the natural resources of the State,to public health, or to
private property and no large-scale fish kill found or recreational areas closed due to the above
spill. Immediate steps were taken to reduce damage as described above.
2) Maximum effort was taken to minimize the duration and gravity of the discharges.This is
evident in Charlotte Water's policy of maintaining 24-hour rapid response crews to address spills
quickly which reduces the duration and impact of sewer spills. In addition,contracts with
construction companies for emergency repairs and vendors for needed equipment are maintained
continuously so the time required for permanent repairs to be performed is reduced. Cleaning
contracts are continuously maintained for cleaning with established numbers for both equipment
and crews as needed.
3) The effect on water quantity and quality was minimal. The average response time for
all the SSOs in February 2024 was 28 minutes. By responding quickly to overflows less
volume is discharged minimizing the impact to the public and surface waters. Charlotte Water
has been diligent in maintaining the required response times. This documentation is evidence that
Charlotte Water makes every possible attempt to follow the SSORRP.
4) The documentation indicates that the cost of rectifying damage did not deter Charlotte
Water's goal of correcting SSO problems and returning an area to the pre-spill condition as
quickly as possible. See attached work orders. The mobilization for point repairs of the sewer
line, using Charlotte Water construction crews or established contracts with private contractors,
enables Charlotte Water to start a repair immediately and reduce the volume of the overflow.
5) In addition, as indicated by the information provided,the dollar amounts spent on
staffing, system rehabilitation, rapid response and cleanup indicate the SSOs were not the result
of avoiding the costs of compliance. Charlotte Water commits considerable resources to
evaluation of each spill from an operational perspective by holding bi-monthly meetings with the
Chief of Operations and all Zone Managers, Field Supervisors, cleaning operators,
planner/schedulers,rehabilitation engineers and other support staff. This review ensures that all
established protocols for SSO response are followed so additional spills can be prevented.
6) The SSOs were not the result of willful or intentional actions on the part of Charlotte
Water but of normal usage in our 4,574 miles of sewer system with approximately 1,700 miles
being off street and along streams where severe natural conditions may affect the lines. In FY23
726.5 miles of sewer has been cleaned or 15.96% of the total system. For FY24 522.6 miles
of sewer has been cleaned or 11.44% of the total system to date.
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org

5
7) Charlotte Water's prior record indicates a willingness to address problem areas by
designating them as hot spots which require additional cleaning, root control or rehabilitation,
adding new technology and equipment, and cleaning more sewer line than required. Charlotte
Water has installed 454 "Smart Cover" main line blockage detection equipment units. The
devices are tied directly into Charlotte Water's dispatch system and an on-duty dispatcher
sees the alarm and initiates a response. For FY23 60 mainline blockages and 1 SSO
discovered by Smart Cover devices. For FY24 there have been 44 blockages,to date,
discovered by Smart Cover devices. The devices have now been installed in the largest
basin and over 50% of the total system will have early warning capabilities which indicate
rising levels of flow in manholes and possible main line blockages. Future plans include
incorporating the devices into Charlotte Water's preventative maintenance program using the
trending feature to indicate the need for cleaning. Also, an on-call schedule of the Environmental
Program Inspectors has been developed to monitor and respond to alerts and assist"rapid
response" crews with the devices.
Charlotte Water is respectfully requesting that a civil penalty not be applied to the above SSO
that occurred during the month of February 2024, due to the above factors being satisfied and
evidence showing these SSO events was not reasonably expected to occur.
If you have any questions or require further information,please contact me at phone number
704-301-7827 or via email at [e-mail].
Sincerely,
7'j'levua
Matthew Morris
Compliance Officer
Field Operations Division
Charlotte Water
Attachments: DEQ's NOV and other pertinent information
Cc: Marion Sanders, Chief of Operations, Charlotte Water
Ms. Joanna Harbison, Environmental Specialist, MRO
Charlotte Water 5730 General Commerce Dr.Charlotte,North Carolina 28213
charlottewater.org