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Home My WebLink AboutNC0024244_NOV-2018-PC-0339_20180823ROY- COOPER Gai:srreQr NffCI EL _ REGAN LENDA OI.-LPEPPER In.sriFn D:racmr NORTH CAROLINA Effvh-o,werital Quaffry Certified Mail # 7016 1370 0000 2596 1013 Return Receipt Requested August 23, 2018 Michael Ferris, City Manager City of Albemarle 190 Post Office Box Albemarle, NC 28002 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2018-PC-0339 Permit No. NCO024244 Long Creek WWTP Stanly County Dear Mr. Ferris: A review has been conducted of the incident report (Incident #201801327) received in this Office on August 13, 2018. Pursuant to the City's incident report, the Division's Mooresville Regional Office concludes that the City of Albemarle's Long Creek WWTP violated NPDES Permit Condition Part II, Section C, Item 4. (c)(1) by the occurrence of an unauthorized bypass of partially treated wastewater. 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 summarized below: Total Total Vol. DWR Incident # Start Date Location Cause Vol. (Gals) Surface Water Action 201801327 08/11/2018 Lift Pumps at Aeration Power Failure 478,333 478,333 Notice of Violation Part II, Section C, Item 4(c)(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass Qin OpM.IN YFms'e.m�1H Ou,Pft� North Carolina Department of Environmental Quality I Division of Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699 A Notice of Violation is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES Permit. 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, and 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 spill was intentional and weather money was saved by non-compliance. If you should have any questions, please do not hesitate to contact Roberto Scheller with the Water Quality Regional Operations Section in the Mooresville Regional Office at 704-663-1699. Sincerely, DocuSigned by: A14CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement Fille Qin Ops1.I.1 YFms'e..n.AH Ou,Pft� North Carolina Department of Environmental Quality I Division of Water Resources 610 East Center Avenue, Suite 301, Mooresville, NC 28115 704-663-1699