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HomeMy WebLinkAboutWQCS00376_NOV2020DV0018_20200110ROY COOPER Governor K41CHAEL & R.EGAN Secretary LIN DA CU LPE PPER Dirfftor NORTH CAROL INA Environmental Quality CERTIFIED MAIL: 7011-1570-0001-8546-4556 RETURN RECEIPT REQUESTED January 10, 2020 Nicole Johnston, Executive Director Yadkin Valley Sewer Authority PO Box 828 Elkin, NC 28621 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0018 Sanitary Sewer Overflows - October 2019 Collection System Permit No. WQCS00376 Yadkin Valley Sewer Authority WWTP Surry County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Yadkin Valley Sewer Authority. The Division's Winston-Salem Regional Office concludes that the Yadkin Valley Sewer Authority violated Permit Condition I (2) of Permit No. WQCS00376 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 Yadkin Valley Sewer Authority an opportunity to provide evidence and justification as to why the Yadkin Valley Sewer Authority 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 201901652 10/18/2019 15 Mazzinie's Restaurant Grease 20 20 No Further Action Elkin 1521 N Bridge St 201901705 10/29/2019 150 Regional Pump Station Pipe Failure (Break) 27,000 15,000 Notice of Intent North Carofina Depart ment of f nvironmen tad Quality I Diuision of Water Resources W3nstoaZa5em R fl,onaa Office 1450 West Hanes hail Road, Sane 30D I WinstanSalern, North CAToUrks 27105 -� '� 336-776-WOO 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, DocuSigned by: J� T 15mAr -4'B49E225C94EA... 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 Diuision of Water Resouf-pes WinstonSalern Reg,onsa Office 1 450 West }Eaves Mill Road, Sane 30D I WinstonSalern, North Carofina 27105 �"� `T 3W-776-93DO