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HomeMy WebLinkAboutWQCS00223_NOV2020DV0344_20200810ROY COOPER Governor MICHAEL 5. REGAN secretary S. DANIEL SMITH Director NORTH CAROLINA £n vironmen tar Quality CERTIFIED MAIL # 7018 1130 0000 1612 7802 RETURN RECEIPT REQUESTED August 10, 2020 Larry Ward Town of Denton PO Box 306 Denton, NC 27239 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0344 Sanitary Sewer Overflows - May 2020 Collection System Permit No. WQCS00223 Denton 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 Town of Denton. The Division's Winston-Salem Regional Office concludes that the Town of Denton violated Permit Condition I (2) of Permit No. WQCS00223 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 Town of Denton an opportunity to provide evidence and justification as to why the Town of Denton 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 202001421 5/20/2020 1,770 Council Access Road Inflow and 100,500 100,500 Notice of Intent Infiltration, Severe Natural Condition Xorth Ca rosins Deps rtment of Environmental Quality I dioision of Water Resources WinstonSaiem Rs.,onsa Office 1450 West Mathes Will Road, Swte 300 I WinstonSaJern, North Carolifka 27105 �,•� 336-776-.OLI�5 O Incident Start Number Date Duration (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202001424 5/20/2020 1,770 Council Access Road Inflow and 125,000 30,000 Notice of Intent Infiltration, Severe Natural Condition 202001425 5/20/2020 1,770 Council Access Road Inflow and 100,500 100,500 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 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. Cc: Laserfiche Sincerely, Doc uSigned<by: -,'ME225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ NorthC'3ro;inaDepsrtmentoffnvironrnentalQua:ky I D;usnirofWater Resouroes WinstonSa;ern. F .onaJOffice 1 450 West Hanes Miil Road. Swte30D I WinsbanSakem, North Caroi:na 27105 336-776-9300