The URL can be used to link to this page

Home My WebLink AboutWQ0003299_NOV and Intent to Assess_20240220 (2) I. . •osta ervice CERTIFIED MAIL° RECEIPT Domestic Mail Only a For delivery information,visit our website at www.usps.corn l 11 3 Certified Mail Fee Co $ Extra Services&Fees(check bac add fee asepproPrkk) /f ❑Rehm Receipt( dcoPY) S 3 0 Return Receipt(electronic) $ 3 ❑Certified Mail Restricted Delivery $ 9 �Adult Signature Required $ l ❑Adult Signature R.utrh,teu Delivery b Postage a $ j Iota CITY OF NEWTON PO BOX 550 San NEWTON NC 28658 ._.......... `E ATTN:SEAN HOVIS, CITY MANAGER �ln ....... dwr/jh 2/20/24 ��-� 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 thr I A record of delivery(including the recipient's retail associate. 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. rnportant 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,whicl Certified Mail service is not available for requires the signee to be at least 21 years of ac international mail. and provides delivery to the addressee specifier Insurance coverage is not available for purchase by name,or to the addressee's authorized agen 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 certain Priority Mail items. LISPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mall 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 portior 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. 8 Form 3800,April 2015(Reverse)PSN 7530-02-000-9047 'f}tra •ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A.•Si. tur • 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, lve. .y(Psintcrtt�tsme) /1 ale to of Deli�/ear or on the front if space permits. / ( 1— �-/ 1 ^ D. Is delivery address different rom item 1? ❑ Yes �I�Y OF NEW fON If YES,enter delivery address below: ❑ No PO BOX 550 NEWTON NC 28658 ATTN: SEAN HOVIS, CITY MANAGER dwr/jh 2/20/24 1111 II II III 'I I II I II I' 111111 II1 11111 IIII 3. Service Type❑Adult Signature ❑Priority Mail Express® ❑Registered Mail'" Adult Signature Restricted Delivery ❑Registered Mail Restrict 9590 9402 3908 8060 7356 98 Certified Mail® Delivery Certified Mail Restricted Delivery O Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Q Signature Confirmations flail 0 Signature Confirmation 7022 0 410 0000 7789 51395 ^O,il Restricted Delivery Restricted Delivery USPS TRACKING# 11111 111[IPIIII IICI 70First-Class Mail Postage&Fees Paid i I. USPS Permit No.G-10 9590 9402 3908 8060 7356 98 United States •Sender: Please print your name,address,and ZIP+4"'in this box* Postal Service NCDEQ/WQROS n's0 610 E. CENTER AVENUE 0 SUITE 301 LNG MOORESVILLE NC 28115 '' "ess -i� ii►lnitrfil►i�►rllfr�tifi�rr,11►1,ririiirjrl�i�rl�trr��r1rer F ! ! ?fliROY COOPER 119 Governor ,.,� � 1ELIZABETH S.BISER ,;s,St "��, Secretary ^� ._ ` RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7022 0410 0000 7789 5695 Return Receipt Requested February 20, 2024 Sean Hovis, City Manager City of Newton PO Box 550 Newton, NC 28658 SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0114 Sanitary Sewer Overflows - January 2024 Collection System Permit No. WQCS00044 Newton Collection System Catawba County Dear Mr. Hovis: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Newton. The Division's Mooresville Regional Office concludes that the City of Newton violated Permit Condition I (2) of Permit No. WQCS00044 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 Newton an opportunity to provide evidence and justification as to why the City of Newton 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 202400080 1/9/2024 1,290 1407 McKay Road Inflow and 129,000 129,000 Notice of Violation R.O.W. Infiltration, Severe Winter Storm 2024 Natural Condition 202400083 1/9/2024 450 1857 Burris Road, Inflow and 16,200 16,200 Notice of Violation Newton NC Infiltration, Severe Winter Storm 2024 Natural Condition D_E Q l North Carolina Departntcnt of Environmental Quality Divis on of Water Resources ./ Mooresville Regional Offlce b10 East Center Avenue.Suite 301 I Mooresville.North Carolina 28115 Mr+l �+r•+.\ / 704 bt,3.1b99 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202400086 1/9/2024 570 1442 WEST NORTH Inflow and 7,410 7,410 Notice of Violation CAROLINA 10 Infiltration, Severe Winter Storm 2024 HIGHWAY,NEWTON,, Natural Condition 202400090 1/9/2024 85 802 RADIO STATION Inflow and 270 270 Notice of Violation ROAD, NEWTON, , Infiltration, Severe Winter Storm 2024 28658 Natural Condition 202400092 1/9/2024 100 350 EAST 2ND Inflow and 252 252 Notice of Violation STREET, NEWTON, Infiltration,Severe Winter Storm 2024 28658 Natural Condition 202400348 1/25/2024 1,215 1407 McKay Road Inflow and 12,375 7,500 Notice of Violation R.O.W. Infiltration,Severe Intent to Enforce Natural Condition 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. Regarding the SSO's that occurred on January 9 & 10, 2024, and in keeping with the Governor's Executive Order No. 300, which declared a statewide state of emergency for the Severe Weather Event that occurred, the Division of Water Resources is utilizing its enforcement discretion and only issuing a Notice of Violation for events that noted'Severe Natural Conditions'as contributing to SSO's on those dates. No Additional response to the Division is necessary for events that occurred within those dates. 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 Regional Operations Section in the Mooresville Regional Office at 704-663-1699 or via email at joanna.harbisonCaldeq.nc.gov. Sincerely, IDocuSigned by: H P;, ti F161FB69A2D64A3... 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 jcrutchfield(a�newton nc.qov D E `� North Carolina Department of Environmental Q ality I Division of Water Resources Moorcsvllk Regional Offlce 610 East Center Avemte.Suhe 301 Maarcsvilk.North Carolina 26115 m114. 704.663.1b99 RECEIVEDINCDEQ/DWR Laserfiche APP 3 8 424 �NORT%y WQROS te,+'"r"I CITY OF NEWTON MOORESVILLE REGIONAL OFFICE kip. 2 P.O.Box 550 • Newton,N.C.28658 • phone 828.695.4310 • fax828.465.7422 4/16/2024 Andrew H. Pitner, P.G.,Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ 610 East Center Street,Suite 301 Mooresville, NC 28115 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0114 Sanitary Sewer Overflows-January 2024 Collection System Permit No. WQCS00044 Newton Collection System Catawba County Dear Mr. Pitner: I just received your letter dated 2/20/2024 on 4/16/2024, regarding the sanitary sewer overflows incidents regarding Inflow and infiltration during heavy rains during a winter storm we had with flash flooding. • 202400080 • 202400083 • 202400086 • 202400090 • 202400092 • 202400348 The Wastewater Collection Department has been working hard to prioritize this area. The manhole immediately downstream of Clark Creek Wastewater Treatment plant(pictured)was bolted down.We raised the M.H with risers and bolted it down at the M.H. at the Influent area behind the WWTP, hopefully resolving this overflow issue. The sewer crews began smoking the primary collection outfall from at least the Clark Creek WWTP to The Fair Grounds. Staff has increased cleaning in areas upstream and bolted down and replaced damaged lids in several areas as we found that were damaged. The City takes very seriously issues concerning safety and the environment. We inspect the creek crossings and aerials also after rain events. We investigate lines,treat for root control. City sewer crews C.C.T.V. and when issues arise, repair them as soon as possible upon discovery. The Wastewater Treatment Plant staff has been investigating a possible blockage between the lime/grit building and the primary clarifiers that could be restricting process volume. Additionally, staff is seeking estimates to pump around and clean there and the bottom of the bar screens and the pump station wet well. It is of the upmost importance to resolve any issues found and repair any potential sources of inflow and infiltration. The City has also contracted with an engineering consultant firm to design and rehabilitate the WWTP. Current project estimates suggest a $50 million (or more) cost. The design is at 30%,with 60% plans 100%expected in mid-May, and construction to start in late 2024 or early 2025. All of these actions are being taken with the health,safety and welfare of the public and the environment. The City of Newton prioritizes protection and safety of our citizens and the environment. The City of Newton would like to use all monies that are budgeted to fix problem areas.These overflows were accidental and was not intentional and The City of Newton works hard and will continue to work to minimize any incidents and prevent SSO's in the future. Sincerely, Jeremy Todd Crutchfield Collections Superintendent City of Newton PO Box 550 Newton, NC 28658 Cc: Sean Hovis, City Manager Dusty Wentz; PE, Public Utilities Director