WQCSD0650_NOV and Intent to Assess_20190131

DocuSign Envelope ID: 76BA8318-A3E1-49B7-BOE2-FD08FB8689CO
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CERTIFIED MAIL #: 7017 1450 0000 3937 3363
RETURN RECEIPT REQUESTED
January 31, 2019
Eulis A Willis
Town of Navassa
334 Main St
Navassa, NC 28451
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0081
Sanitary Sewer Overflows - October 2018
Collection System Permit No. WQCSD0650
Navassa Deemed Municipal Collection System
Brunswick County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Navassa. The Division's Wilmington Regional Office concludes that the Town of Navassa violated 15A
NCAC 2T .0403 (a) 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 Wilmington Regional Office is providing the Town of Navassa an opportunity to provide evidence and
justification as to why the Town of Navassa 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
201802930 10/1/2018 1,380 Lowest manhole Other 7,000 7,000 Notice of Violation
tributary to PS at Cedar
Hill & Royster roads
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DocuSign Envelope ID: 76BA8318-A3E1-49B7-BOE2-FD08FB8689CO
Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location Cause
(Gals)
(Gals) DWR Action
201803045
10/2/2018
360
Manhole outside Cedar Other
2,000
2,000 Notice of Violation
Hill PS
201803046
10/3/2018
285
Manhole outside Cedar Other
1,500
1,500 Notice of Violation
Hill PS
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.
In addition,, please provide the Engineering Certification package for WQ0036861 issued on December 19, 2013 for
the relocation of gravity sewer in the Cedar Hill area for the I-140 bypass project as the Division has not received
this documentation.
If you have any questions, please do not hesitate to contact Dean Hunkele with the Water Quality Section in the
Wilmington Regional Office at 910-796-7215 or via email at [e-mail].
Sincerely,
DocuSigned by:
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Morelia Sanchez -King, Acting Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office - Enforcement File
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