WQCSD0258_NOV and Intent to Assess_20181010

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CERTIFIED MAIL: 7016 1370 0000 2595 7016
RETURN RECEIPT REQUESTED
October 10, 2018
Clarence Withrow, Mayor
Town of Kingstown
2014 Kingston Rd
Kingstown, NC 28150
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0279
Sanitary Sewer Overflows - August 2018
Collection System Permit No. WQCSD0258
Kingstown Collection System
Cleveland County
Dear Mr. Withrow:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Kingstown. The Division's Mooresville Regional Office concludes that the Town of Kingstown violated
Permit Condition I (2) of Permit No. WQCSD0258 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 Town of Kingstown an opportunity to provide evidence and
justification as to why the Town of Kingstown should not be assessed a civil penalty for the violation(s) that are
summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
201801162 8/2/2018 114 1741 W Zion Church Rd Pipe Failure (Break) 8,740 5,244 Notice of Intent
North Carolina Department of Environmental Quality I Division of 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:
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
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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