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HomeMy WebLinkAboutWQCS00018_NOI2020DV0420_20200915 .docxROY COOPER Governor MICHAEL 5. REGAN secretary S. DANIEL SMITH Director NORTH CAROLINA £n vironmen tar Quality CERTIFIED MAIL: 7017 1450 0001 6450 0382 RETURN RECEIPT REQUESTED September 17, 2020 Jon Mendenhall, City Manager City of Eden PO Box 70 Eden, NC 27289 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0420 Sanitary Sewer Overflows - June 2020 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 202001748 6/1/2020 344 Smith River Railroad Other 10,500 10,500 Notice of Intent Trestle, southwest of 601 N Van Buren Rd Xorth Ca rosins Deps rtment of Environmental Quality I dioision of Water Resources WinstonSaiem Rs.,onsa Office 1450 West Mathes W 11 Road, Swte 300 I WinstonSaJern, North Carom$ 27105 �,•� 336-776-.OLI�5 O Incident Start Number Date Duration (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202001783 6/2/2020 259 Smith River Railroad Other 25,000 25,000 Notice of Intent Trestle, southwest of 601 N Van Buren Rd 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(cbncdenr.gov. Sincerely, DocuS�igf<nedby: �w. l c. ,ider 145B4,,225,MEA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ cc: Laserfiche North Carofins Deps rtment of Environmental Quality I dioision of Water Resources WinsrtonSaiem R .,onsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carolifka 27105 w� 336-776-9300