WQ0028552_NOV-2021-DV-0329_20210805

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL 7020 3160 0000 2219 2757
RETURN RECEIPT REQUESTED
August 5, 2021
John L McDonald
Old North State Water Company LLC
PO Box 10127
Birmingham, AL 35202-0127
SUBJECT: NOTICE OF VIOLATION (NOV-2021-DV-0329)
Intent to Assess CIVIL PENALTIES
For Unauthorized Bypass
Briar Chapel Reclaimed Water System
Permit: WQ0028552
Chatham County
Dear Mr. McDonald:
A review has been conducted of the 24-hour self -reporting Bypass report submitted by Robert White on
July 14, 2021. The Division of Water Resources (DWR)'s Raleigh Regional Office concludes that the
unauthorized bypass violated G.S. 143-215.1(a)(1) and Permit Condition Part II Section 2 (1) of Permit
WQ0028552.
Specific activities in violation of State Law include the following:
Total Vol
Total Surface
Incident Start Vol Water
Number Date Location Cause (Gals) (Gals)
202101681 07/11/2021
Cattulo Run Flush valve left open 345,000 345,000
A Notice of V iolation/Intent to Issue Civil Penalty is being issued for the noted violation of North
Carolina General Statute (G.S.) 143 215.1 and the facility's NPDES Permit. 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 ten (10) business days after
receipt. A review of your response will be considered along with any additional information provided in
the submitted report. You will then be notified of any civil penalties that may be assessed regarding the
violations. If no response is received in this Office within the 10-day period, a civil penalty assessment
may be prepared.
/DE033
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh. North Carolina 27609

Remedial actions should have already been taken to correct this problem and prevent further occurrences
in the future. The Division of Water Resources may pursue enforcement action for this and any additional
violations of State law. If the violations are of a continuing nature, not related to operation and/or
maintenance problems, and you anticipate remedial construction activities, then you may wish to consider
applying for a Special Order by Consent.
If you have any questions about this letter, please contact Mitch Hayes of the Raleigh Regional Office at
919.791.4261.
cc: NPDES Program Files - Laserfiche
Raleigh Regional Office - Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NC DEQ
DEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609