WQCS00372_NOV and Intent to Assess 2020-DV-0304_20200727

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S. DANIEL SMITH
NORTH CAROLINA
Arrelor
Environmental Quality
ER71FIED MAIL: 7017 2680 0000
2236 7504
RETURN RECEIPT REQUESTED
July 27, 2020
Michael J Myers, President
Old North State Water Company LLC
4700 Homewood Ct
Ste 108
Raleigh, NC 27609
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0304
Sanitary Sewer Overflows - June 2020
Collection System Permit No. WQCS00372
Briar Chapel Collection System
Chatham County
Dear Mr. Myers:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Old North State Water Company LLC. The Division's Raleigh Regional Office concludes that the Old North State
Water Company LLC violated Permit Condition I (2) of Permit No. WQCS00372 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 Raleigh Regional Office is providing the Old North State Water Company LLC an opportunity to provide
evidence and justification as to why the Old North State Water Company LLC should not be assessed a civil
penalty for the violation(s) that are summarized below:
Incident
Number
202002053
Total Vol
Total Surface
Start Duration Vol Water
Date (Mins) location Cause (Gals) (Gals) DWR Action
6/22/2020
202002054 6/22/2020
107 Manhole at Lift station 100 0 Notice of Deficiency, No
B-1128 great ridge Further Action
parkway
50 FM at Lift Station A Pipe Failure (Break) 5,000 4,000 Notice of Violation —
Notice of Intent
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Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mina) Location Cause (Gals) (Gals) DWR Action
202002056 6/22/2020 60 MH at Lift Station A
1128 great ridge
parkway
Pipe Failure (Break) 2,000 2,000 Notice of Violation
Notice of Intent
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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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