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HomeMy WebLinkAboutWQCSD0697_NOV and Intent to Assess_20191024ROY COOPER Governor K41CHAEL & R.EGAN Secretary LIN DA CU LPE PPER Dirfftor NORTH CAROL INA Environmental Quality CERTIFIED MAIL: 7011 1570 0001 8546 4938 RETURN RECEIPT REQUESTED October 24, 2019 Austin Berk Parkwood LLC 10221 River Rd #59831 Potomac, MD 20859 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0389 Sanitary Sewer Overflows - September 2019 Collection System Permit No. WQCSD0697 Parkwood Mobile Home Estates Forsyth County Dear Permittee: On September 17, 2019, the Division of Water Resources (DWR or "Division', Winston-Salem Regional Office received a complaint regarding a release of untreated wastewater at Parkwood Mobile Home Park, 338 Barnes Road, Winston-Salem, NC 27107. Site visits conducted by DWR staff on 9/17, 9/23 and 9/27 confirmed a release originating from a cleanout behind the trailer on lot 12. A review has been conducted of the Sanitary Sewer Overflows and inspection report(s) generated in relation to the incident. The Division's Winston-Salem Regional Office concludes that the Parkwood LLC violated Deemed Permit Condition (a)(1) [See 15A NCAC 02T .0403, copy enclosed] of Permit No. WQCSD0697 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 Winston-Salem Regional Office is providing the Parkwood LLC an opportunity to provide evidence and justification as to why the Parkwood LLC should not be assessed a civil penalty for the violation(s) that are summarized below: North Carofina Depart ment of f nvironmen tad Quality I Diuision of Water Resources WjrkstoaZaaem R fl,onaa Office 1450 West Hanes hail Road, Suite 30d I WinsronSalern, North CATof rks 27105 -� '� 336-776-WOO Incident Number Start Date Duration (Mins) Location 201901664 9/17/2019 15,840 338 Barnes Road #12 Total Vol Total Surface Vol Water Cause (Gals) (Gals) DWR Action Debris in line, Grease 47,520 UNK Notice of Violation 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 Paul DiMatteo with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at paul.dimatteo@ncdenr.gov. Sincerely, DocuSigned by: OD2D3CE3F1 B7456_. for Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Enclosure: 15A NCAC 02T .0403 Cc: DWR Laserfiche Files Jackie Hall, Property Manager, 338 Barnes Road, Winston-Salem, NC 27107 North Caro :ina.Departmer..tof Er_vror.rnentSQUZ,:Ry I DhAslonofWater Resouroes W:rk=rtZa;ern Reg;Diiia'O4F.ea 145O West Hares Mill Road. Suite 30D I WsnsronSaiein, North CaroI:na 27105 �"� `T 336-776-SDO