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HomeMy WebLinkAboutWQCS00125_NOV-2019-DV-0327_20190822ROY COOPER G&v-�rrlor K41CHAEL S. RECAN Secretary LINDA CULPEPPER arwtpr NORTH CAROUNA Environmental Qual" CERTIFIED MAIL: 7017 2620 0000 6788 9700 RETURN RECEIPT REQUESTED August 22, 2019 W Del Eudy, Mayor Town of Mount Pleasant PO Box 787 Mount Pleasant, NC 28124-0787 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0327 Sanitary Sewer Overflows - June 2019 Collection System Permit No. WQCS00125 Mount Pleasant Collection System Cabarrus County Dear Mr. Eudy: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Mount Pleasant. The Division's Mooresville Regional Office concludes that the Town of Mount Pleasant violated Permit Condition I (2) of Permit No. WQCS00125 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 Town of Mount Pleasant an opportunity to provide evidence and justification as to why the Town of Mount Pleasant 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 201900991 6/2/2019 Summer St Pump Pump station Notice of Violation Station equipment failure Intent to Enforce NortNCaro I,naDepartmer.tofErv:rar.irerta Quairty I DimsianofWater Resaurces Woo reav:15ERegom:Off.-oe 1 610 East Denier Avenue, Suite3011 Mooresv �e,North 03roiina2S115 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 Michael Meilinger or me in the Mooresville Regional Office at 704-663-1699 or via email at micheal.meilinger@ncdenr.gov or corey.basinger@ncdenr.gov. 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 No rth Carolina Department of E nvuan menu! Quairty I Dimsian of Water Resources ME Mooresville Regbfm! Office 1 610 Es3 Center Avenue, Suite 301 I Mooresvit, North Carolina 2S115 �L f •'JF 7fA-6 3-1e8f}