NC0024937_NOD-2019-CV-0001_20190402

ROY COOPER
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MICHAEL S. REGAN
LINDA CULPEPPER
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NORTH CAROLINA
Enlroronmenitaf 1Qrtorr1y
2 April 2018
CERTIFIED MAIL # 7017 2620 0000 6788 4897
RETURN RECEIPT REQUESTED
Angela Lee
Charlotte Water
5730 General Commerce Drive
Charlotte, NC 28213
Subject: NOTICE OF DEFICIENCY
Violation of G.S. 143-215.1(a)
Unpermitted Discharge of Wastewater
NOD-2019-CV-0001
Charlotte Water/Sugar Creek WWTP
NPDES Permit No. NCO024937
Mecklenburg County
Dear Ms. Lee:
Chapter 143, Article 21 of the North Carolina General Statutes (G.S.) authorizes and directs the
Environmental Management Commission of the Department of Environmental Quality to protect and preserve
the water resources of the State. The Division of Water Resources (DWR) has the delegated authority to
enforce adopted water pollution control rules and regulations.
On January 25, 2019, Charlotte Water reported to this Office that approximately 27,600 gallons of
sewage sludge was discharged to Little Sugar Creek (Class C waters of the State) from an 8-inch pressurized
sludge transfer line originating from the Sugar Creek WWTP (NC0024937). This discharge occurred on
January 25, 2019. Charlotte Water's follow-up written report (5-day Report) attributed the bypass to a private
contractor employed by Mecklenburg County damaging the 8-inch pressurized sludge transfer line originating
from the Sugar Creek WWTP while working on a creek bank restoration project. Charlotte Water had not
applied for, or secured, a permit to discharge the sewage sludge from the Division of Water Resources.
Please be advised that G.S. 143-215.6A provides for a civil penalty assessment of not more than twenty-
five thousand dollars ($25,000.00), or twenty-five thousand dollars ($25,000.00) per day when the violation is
of a continuing nature, against any person who is required but fails to apply for or to secure a permit required
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office 1 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699

by G.S. 143-215.1(a). Penalties may also be assessed for any damage to the surface waters of the State that
may result from the unpermitted discharge.
Any additional information you may wish to provide this Office regarding this bypass incident beyond
what was included in your 5-day written report should be provided in writing within ten (10) days of receipt
of this Notice. Of specific interest to the Division would be what action(s) Charlotte Water took against the
contractor that was alleged to have caused this incident.
Should you have any questions or concerns regarding this correspondence, please do not hesitate to
contact me directly at [phone], or at corey.basingergncdenr.gov.
Sincerely,
DocuSigned by:
A14CC681 AF27425...
W. Corey Basinger
Regional Supervisor
Mooresville Regional Office
Division of Water Resources
cc: Central File, MRO files (Laserfiche)
Ron Hargrove, Tim Downs (E-Copy)