WQCS00257_Notice of Violation_20240220

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PO BOX 660
Sen
FALLSTON NC 28042
ATTN: MAX BOGGS
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PO BOX 660
FALLSTON NC 28042
ATTN: MAX BOGGS
dwr/jh 2/20/24
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FILE
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ROY COOPER V
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Governor es y
ELIZABETH S.BISER �` ,;;,,®
Secretory `
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 5732
Return Receipt Requested
February 20, 2024
Max Boggs
Town of Fallston
PO Box 660
Fallston, NC 28042
SUBJECT: NOTICE OF VIOLATION
Tracking Number: NOV-2024-DV-0119
Sanitary Sewer Overflows - January 2024
Collection System Permit No. WQCSD0257
Fallston Collection System
Cleveland County
Dear Mr. Boggs:
The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by Town of Fallston 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
202400270 1/9/2024 180 4501 FALLSTON Inflow and Infiltration, 22,500 22,500 Notice of Violation
ROAD, LAWNDALE, Severe Natural Winter Storm 2024
NC, 28090 Condition
D_E Q North Carolina Drparttnrnr o(Envlronmental Quality I Division oft Water Resources
�/!� Mooresville Regional Office!610 East Crnttr Avrnur.Suite J01 MooresvrHe North Carolina 28115
. 'rw4�++s+r\ / 704.,o,31b44

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.harbisonna deq.nc.gov.
Sincerely,
c—DocuSigned 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: Regional Office - WQS File
Central Files, Water Quality Section
D_E Q?. North Carolina Department of Environmental Quality I Division of Water Resources
�yfj Mooresville Regional Offcc 610 East Center Avenue Sulte 301 I Monresvilk.N rrth Carolina 28115
" Oi...\\cs' 704663.1699