WQCS00174_NOV and Intent to Assess_20190114

CERTIFIED MAIL: 7017 2620 0000 9759 1994
RETURN RECEIPT REQUESTED

January 14, 2019

Matthew Klein
Carolina Water Service Inc of North Carolina
PO Box 240908
Charlotte, NC 28224

SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking No.: NOV-2019-DV-0025
Sanitary Sewer Overflows - December 2018
Collection System Permit No. WQCS00174
Sugar Mountain Collection System
Avery County

Dear Permittee:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
Carolina Water Service Inc of North Carolina. The Division’s Asheville Regional Office concludes that the Carolina
Water Service Inc of North Carolina violated Permit Condition I (2) of Permit No. WQCS00174 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 Asheville Regional Office is providing the Carolina Water Service Inc of North Carolina an opportunity to
provide evidence and justification as to why the Carolina Water Service Inc of North Carolina 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 _________________________________________________________________________________________________________________________________________________________________________ 201803760 12/28/2018 110 291 Norwood Hollow Rd Inflow and Infiltration 2,750 2,500 Notice of Violation
_________________________________________________________________________________________________________________________________________________________________________

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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 Daniel Boss with the Water Quality Section in the
Asheville Regional Office at 828-296-4500 or via email at [e-mail].

Sincerely,

G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

Cc: ARO WQS Server, Laserfiche

G:\WR\WQ\Avery\Collection Systems\Sugar Mountain Collection System\Violations&Enforcemens\20190114_201803760_NOV2019DV0025.rtf

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