WQ0003299_Notice of Violation_20240221 (8)

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Sent 132 W.VIRGINIA AVENUE
BESSEMER CITY NC 28016
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ATTN:JAMES INMAN, CITY MANAGER
City, dwr/jh 2/21/24

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132 W. VIRGINIA AVENUE
BESSEMER CITY NC 28016
ATTN:JAMES INMAN, CITY MANAGER
dwr/jh 2/21/24
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FILL ,
ROY COOPER
Governor
ELIZABETH S.BISER • -
Secretaryn
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 5763
Return Receipt Requested
February 21, 2024
James Inman, City Manager
City of Bessemer City
132 W Virginia Ave
Bessemer City, NC 28016
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-DV-0123
Sanitary Sewer Overflows - January 2024
Collection System Permit No. WQCS00107
Bessemer City Collection System
Gaston County
Dear Mr. Inman:
The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Bessemer City indicates
violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include
failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the
land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for
which a permit is required.
Specific incident(s) cited in the subject report include the following:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202400195 1/9/2024 540 905 WEST GEORGIA Inflow and Infiltration, 16,200 16,200 Notice of Violation
AVENUE, BESSEMER Severe Natural Winter Storm 2024
CITY, NC, 28016 Condition
D_E Q,,). North Carolina Depanmrnl of Environmental Quality I Division of Water Resources
Mooresville Regional Office bl0 East Comer Avenue Suite 301 Mooresville North Carolina 28115
704 M,J.109

Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit
a written response to this Notice of Violation. Your response is to be received by the regional office within 15
business days following receipt of this violation. Please include any additional documentation about this incident(s)
in the response. The submittal will be considered in determining whether the Division will assess a civil penalty for
the cited violations. 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.
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.harbison(adeq.nc.gov.
Sincerely,
EDocuSIpned by:
N.4414, Nue4
F161FB69A2D84A3...
Andrew H. Pitner, P.G., Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Regional Office - WQS File
Central Files, Water Quality Section
North Carolina Department of Environmental Quality I Do ivbn of Water Resource.
/dQ Mooresville Regional Office!h10 East Center Avenue.Suite 301 I Mooresglk.North Carolina 28115
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Bessemer City
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February 27,2024
North Carolina Department of Environmental Quality(NCDEQ)
Division of Water Resources
Mooresville Regional Office
Attn:Andrew H. Pitner,P.G.,Regional Supervisor
610 East Center Avenue,Suite 301
Mooresville,NC 28115
Re: Response to Notice of Violation(NOV)&Intent to Issue Civil Penalty
Tracking No.:NOV-2024-DV-0123
Dear Mr.Andrew H. Pitner,
This letter serves as correspondence regarding the violation that took place on January 9,2024.This violation occurred at 905
West Georgia Avenue,Bessemer City,NC 28016. The City received the NOV Notice on February 22,2024 by Certified Mail.
This letter includes evidence and justification for why the City of Bessemer City should not be assessed a civil penalty for this
violation.
The cause of the non-compliance was due to I and I entering the sewer collection system during heavy rainfall,overwhelming
the sewer line on West Georgia Avenue. On Tuesday,January 9,2024, Bessemer City received over four(4)inches of rain in a
short period of time resulting in flash flooding and severe natural conditions. Hazardous weather conditions took place across
the region on Tuesday,January 9`h,2024.
To counteract this overflow issue from happening,Bessemer City has or is in the process of taking the following steps:
• Raise a manhole cover by 4 feet-COMPLETED
• Smoke tested entire basin;repairs made where needed(reduced I and I)-COMPLETED
• Vantine Pump Station Improvement Project(SRF Project)which will alleviate flow pressure on this line-IN PROGRESS
The City of Bessemer City appreciates your time in reviewing this response and requests NCDEQ not to assess a civil penalty
for this violation since this violation was the result of a hazardous weather event. Additionally, Bessemer City has taken
corrective steps to prevent this overflow from occurring again even during hazardous weather events.
If you need additional information,please get in touch with me at(704)729-6505 or jross(abessemercity.com
Sincerely,
oshua M. Ross,MPA
City Manager
cc:Jamie Ramsey,Operations&Special Projects Director
132 WEST VIRGINIA AVENUE • BESSEMER CITY, NC 28016
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( 704 ) 629 - 5542 • WWW. BESSEMERCITY. COM