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