WQCS00124_NOV and Intent to Assess_20190530

ROY COOPER
MICHA£L S. REGAN`. «w-0
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LINDA CULPEPPER NORTH CAROUNA
Dimfor Environmental Quaflty
CERTIFIED MAIL: 7018 0040 0000 4771 5413
RETURN RECEIPT REQUESTED
May 30, 2019
David Lambert, Town Manager
Town of Robbins
PO Box 296
Robbins, NC 27325
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0243
Sanitary Sewer Overflows - April 2019
Collection System Permit No. WQCS00124
Robbins Collection System
Moore 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 Robbins. The Division's Fayetteville Regional Office concludes that the Town of Robbins violated Permit
Condition I (2) of Permit No. WQCS00124 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 Town of Robbins an opportunity to provide evidence and
justification as to why the Town of Robbins 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
201900692 4/9/2019 120 Main pump station Pump station 2,000 2,000 Notice of Violation
equipment failure,
Severe Natural
Condition
North CarolinsDepartrn ntof Envco mr tsl Quality I DrAsion of Water Resources
w Fayetteville Regionai Dffice 1225 Green Street, Suite 714 1 Fayetteville, North Carofna 25301
914433 3390

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,
I
DocuSignedby:
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5189=3DD5C42B...
1. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office - WQS File
Central Files, Water Quality Section
North Ca rohna ❑epsrtrn nt of E nwron menta! Q ua Ry I ➢iviso n of Water Resou roes
Fayettevi!e Reg:oeal 4rf:oe 1 225 Green Street, Suite 714 1 Fsyettemi!e, North Caro!.Ds 28301