WQCS00309_NOV and Intent to Assess_20190717

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LINDA CULPEPPER NORTH CAROUNA
Dimfor Environmental Quality
CERTIFIED MAIL: 7018 0040 0000 4771 7127
RETURN RECEIPT REQUESTED
July 17, 2019
Brent Lockamy, PE, Town Engineer
Town of Southern Pines
140 Memorial Park Ct
Southern Pines, NC 28387
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0294
Sanitary Sewer Overflows - June 2019
Collection System Permit No. WQCS00309
Southern Pines 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 Southern Pines. The Division's Fayetteville Regional Office concludes that the Town of Southern Pines
violated Permit Condition I (2) of Permit No. WQCS00309 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 Southern Pines an opportunity to provide evidence and
justification as to why the Town of Southern Pines 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
201901075 6/16/2019 105 350 Commerce Ave. - Debris in line 5,300 2,600 Notice of Violation
easement off of
pavement
North Carolins ❑epartrn ntof Envco mr tal Quality I Division of Water Resources
Fayettevif7e Regionai Dffice 1 225 Green Street, Suite 714 1 Fayetteville, North Carofna 25301
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Incident Start
Number Date
Duration
(Minn) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals)
DWR Action
201901104 6/25/2019 45 intersection of NE Debris in line 600 600 Notice of Violation
service rd and west
Rhode Island Avenue
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,
DocuSignedby
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1. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office - CT
North Ca rohns ❑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 28341
910433 ' ❑