WQCS00079_NOV and Intent to Assess_20190408

CLOY COOPER
eovmor
MICHAEL S. REGAN
s—rerary
LINDA CULPEPPER.
Dimaor
NORTH CAROLINA
Pnrir©nmentat Quaft
CERTIFIED MAIL: 7018 0040 0000 4771 5291
RETURN RECEIPT REQUESTED
April 08, 2019
Chris Medlin
City of Clinton
PO Box 199
Clinton, NC 28329-0199
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0187
Sanitary Sewer Overflows - February 2019
Collection System Permit No. WQCS00079
Clinton Collection System
Sampson County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Clinton. The Division's Fayetteville Regional Office concludes that the City of Clinton violated Permit
Condition I (2) of Permit No. WQCS00079 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 Fayetteville Regional Office is providing the City of Clinton an opportunity to provide evidence and justification
as to why the City of Clinton 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 (Mina) Location Cause (Gals) (Gals) DWR Action
201900301 2/4/2019 100 Off NC 24 near Royal Debris in line, Other 10,800 10,800 Notice of Violation
Lane
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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 Chad Turlington with the Water Quality Section in
the Fayetteville Regional Office at 910-433-3300 or via email at [e-mail].
Sincerely,
1. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fa etteville Regional Office - CT
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Fay etteta'Be kegs a? Offim 1 225 er=en Street, Sure 714 1 Fsyettar4Ie. Nofth Cs oi"ma 28301
910-433-3300