WQCS00016_NOV-2018-DV-0283_20181010

ROY COOPER NORTH CAROLINA
Gal:srreQr Eevirnwmentpl Quff1fry
NffCI EL _ REGAN
L=A CT.-LPEPPER
In.sriFn Diracmr
CERTIFIED MAIL: 7016 1370 0000 2595 6996
RETURN RECEIPT REQUESTED
October 10, 2018
Michael Ferris, City Manager
City of Albemarle
144 N Second Street
Albemarle, NC 28001
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0283
Sanitary Sewer Overflows - August 2018
Collection System Permit No. WQCS00016
Albemarle Collection System
Stanly County
Dear Mr. Ferris:
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:
D_EQ
YeysT.K1 NFrc.ae.�W G1Wf�
North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699

Incident Start
Number Date
Duration
(Minn) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals)
DWR Action
201801166 8/2/2018 135 31601 NC 740 Inflow and 4,800 4,800 Notice of Intent
Infiltration, Severe
Natural Condition
201801168 8/2/2018 75 42844 Vicker Store Rd Inflow and 1,875 1,875 Notice of Violation
Infiltration, Severe
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.
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,
EA
DocuSigned by:
4•4w H P
F161FB69A2D84A3... for
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
D_EQ A
YeysT.K1 NFrc.ae.�...W G1Wf�
North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699