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HomeMy WebLinkAboutWQCS00018_NOV2020DV0016_20200110ROY COOPER Governor K41C IAEL & R.EGAN Secretary LIN DA CU LPE PPER Dirfftor NORTH CAROL INA Environmental Quality CERTIFIED MAIL: 7011-1570-0001-8546-4563 RETURN RECEIPT REQUESTED January 10, 2020 Terry Shelton, Interim City Manager City of Eden PO Box 70 Eden, NC 27289-0070 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0016 Sanitary Sewer Overflows - October 2019 Collection System Permit No. WQCS00018 Eden Collection System Rockingham County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Eden. The Division's Winston-Salem Regional Office concludes that the City of Eden violated Permit Condition I (2) of Permit No. WQCS00018 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 City of Eden an opportunity to provide evidence and justification as to why the City of Eden should not be assessed a civil penalty for the violation(s) that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Minn) Location Cause (Gals) (Gals) DWR Action 201901715 10/31/2019 305 11540 NC 770, Railroad Inflow and Infiltration 700 400 Notice of Violation PS 201901716 10/31/2019 195 Park Road at Colbert Inflow and Infiltration 2,400 2,400 Notice of Intent Street North Carofins Deps rtment of Environmental Quality I Uiuisian of Water Resources W3nstoaSa$2m R fl%Dnsa Office 1450 West Nacres ViR Road, Surte 30d I WsnstonSaiern, North Carole 27105 •� "� 336-776-SWO 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 Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.gov. Sincerely, Doc uS�igfned by: -4'ME225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ cc: Laserfiche North Caroi-ina Department of f nvirunmental Quality I Oiuision of Water Resouf-pes R cuti +.+ 4'linstonSalern Reg,oirsa Office 1 450 West Hanes Mill Road, Sane 30D I WinsronSalern, North Carofina 27105 �"� `T 3W-776-WOO