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HomeMy WebLinkAboutWQCS00057_NOV-2020-DV-0207_20200507ROY COOPER Governor MICHAEL 5. REGAN Secretary S. DANIEL SMITH rXreerar NORTH CAROLINA E1vir6nment4f QU92&y CERTIFIED MAIL: 7018 1130 0000 1612 7666 RETURN RECEIPT REQUESTED May 07, 2020 Kelly Craver City of Thomasville PO Box 368 Thomasville, NC 27361-0368 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0207 Sanitary Sewer Overflows - January 2020 Collection System Permit No. WQCS00057 Thomasville Collection System Davidson 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 Thomasville. The Division's Winston-Salem Regional Office concludes that the City of Thomasville violated Permit Condition I (2) of Permit No. WQCS00057 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 Thomasville an opportunity to provide evidence and justification as to why the City of Thomasville 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 202000021 1/3/2020 255 1002 W. Cooksey Drive Inflow and Infiltration 4,500 4,500 Notice of Intent 202000166 1/24/2020 105 810 Old Emmanuel Severe Natural 22,544 22,000 Notice of Intent Church Rd Condition North Carokka Department of Environmental Quality I DhAsion of Water Resources WinsrtonSaiem Regionsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carom$ 27105 arts 6�� 336-776-9 O Incident Start Number Date Duration (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202000167 1/24/2020 180 1002 W. Cooksey Dr Severe Natural 9,000 9,000 Notice of Intent Condition 202000168 1/24/2020 1,495 566 Rains Road Inflow and 44,850 44,850 Notice of Intent Infiltration, Severe Natural Condition 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 ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 60 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.gov. Sincerely, DocuS�igfned<by: Jti l Smder -4'B49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ cc: Laserfiche North Carokka Department of Environmental Quality I DhAsion of Water Resources WinsrtonSaiem Regionsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carom$ 27105 arts 6�� 336-776-9 O