WQCS00016_NOV-2018-DV-0152_20180521

Wa ter Resources
ENWROMMEMTAL QUALITY
CERTIFIED MAIL:7015 1520 0002 6880 3983
RETURN RECEIPT REQUESTED
May 21, 2018
Michael Ferris, City Manager
City of Albemarle
190 PO Box
Albemarle, NC 28002
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0152
Sanitary Sewer Overflows - April 2018
Collection System Permit No. WQCS00016
Albemarle Collection System
Stanly County
Dear Mr. Ferris:
ROY COOPER
GoTerna,
NffCiHAEL S_ REGAN
Secrel�
LINDA CULPEPPER
_Inle ' m DireCia-
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5 -Day Report/s submitted by
City of Albemarle. The Division's Mooresville Regional Office concludes that the City of Albemarle violated Permit
Condition I (2) of Permit No. WQCS00016 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 Albemarle an opportunity to provide evidence and
justification as to why the City of Albemarle should not be assessed a civil penalty for the violation(s) that are
summarized below:
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699
Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location
Cause
(Gals)
(Gals) DWR Action
201800610
4/25/2018
360
42844 Vickers Store
Severe Natural
13,250
13,250 Notice of Intent
Road
Condition
201800611
4/25/2018
360
31601 NC Hwy. 740
Severe Natural
18,000
18,000 Notice of Intent
Condition
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

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.
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 Lon Snider with the Water Quality Section in the
Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425...
W. Corey Basinger, 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
State of North Carolina I Environmental Quality I Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699