WQCS00171_NOV-2018-DV-0284_20181010

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CERTIFIED MAIL: 7016 1370 0000 2595 6989
RETURN RECEIPT REQUESTED
October 10, 2018
Andy Lucas
Greater Badin Water & Sewer District
1000 N 1st St Ste 12
Albemarle, NC 28001
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0284
Sanitary Sewer Overflows - August 2018
Collection System Permit No. WQCS00171
Greater Badin Collection System
Stanly County
Dear Mr. Lucas:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Greater Badin Water & Sewer District. The Division's Mooresville Regional Office concludes that the Greater Badin
Water & Sewer District violated Permit Condition I (2) of Permit No. WQCS00171 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 Greater Badin Water & Sewer District an opportunity to provide
evidence and justification as to why the Greater Badin Water & Sewer District should not be assessed a civil
penalty for the violation(s) that are summarized below:
D_EQ
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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
201801163 8/3/2018 108 West Badin P.S. - at Severe Natural 6,500 6,500 Notice of Intent
Lincoln and Sherman St. Condition
201802888 8/3/2018 244 241 Deese St Inflow and 1,000 1,000 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:
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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
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North Carolina Department of Environmental Quality I Division of Water Resources
610 East Center Avenue, Suite 301, Mooresville, NC 28115
704-663-1699