WQCS00171_NOV-2019-DV-0090_20190201

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CERTIFIED MAIL: 7017 2620 0000 6788 4583
RETURN RECEIPT REQUESTED
February 01, 2019
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-2019-DV-0090
Sanitary Sewer Overflows - December 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:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
201803806 12/28/2018 390 Intersection of Sherman Severe Natural 11,700 Notice of Violation
and Linclon St. Condition w/Intent to Enforce
201900062 12/3/2018 30 McCoy Creek pump Pump station 1,500 1,500 Notice of Violation
station equipment failure w/Intent to Enforce
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Mooresw5eRegom:Off--oe 1 610 East Center Aveaue,Suite3011 Mooresv ie,North C$roiina28115

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 W. Corey Basinger with the Water Quality Section
in the Mooresville Regional Office at 704-663-1699 or via email at [e-mail].
Sincerely,
DocuSigned by:
A14CC681AF27425...
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
NortY Cara-na 6epartmentof Erv:ror.merts'Qua:ly I Mrsoftof Water Resourozs
Mooresv eF fl•:lra Off Del 510 Ea2l DeDler Avenue,Suae 3011 Mooresv e,North 0sro-:na28115