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HomeMy WebLinkAboutWQCS00212_NOV-2020-DV-0476_20201026ROY COOPER_ L�d � STA7p � Governor - M[CHAEt S. REGRN Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality CERTIFIED MAIL: 7019 0700 0000 3643 4466 RETURN RECEIPT REQUESTED October 26, 2020 David Townsend, III Town of Rowland PO Box 127 Rowland, NC 28383 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0476 Sanitary Sewer Overflows - September 2020 Collection System Permit No. WQCS00212 Rowland Collection System Robeson 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 Rowland. The Division's Fayetteville Regional Office concludes that the Town of Rowland violated Permit Condition I (2) of Permit No. WQCS00212 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 Fayetteville Regional Office is providing the Town of Rowland an opportunity to provide evidence and justification as to why the Town of Rowland 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 (Mins) Location Cause (Gals) (Gals) DWR Action 202002704 9/29/2020 2,760 leach street j- between Inflow and Infiltration 13,248 13,248 Notice of Violation Canal and WWTP. 202002705 9/29/2020 2,280 canal street between Inflow and Infiltration 5,472 5,472 Notice of Violation church and jackson North Camhns Depart ment of Environmenta!Qua4y I Division of Water Resources Fayettevi!e Reg:oral 4rf:oe 1225 Green Street, Suite 714 I Fsyettevsi!e, North Caro!.Ds 28341 91o433 ' ❑ 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 Chad Turlington with the Water Quality Section in the Fayetteville Regional Office at 910-433-3300 or via email at chad.turlington@ncdenr.gov. Sincerely, Do-c_uS, igLned�by: � Q 5189C2 =5C42B... 1. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ Cc: Fayetteville Regional Office - CT North Ca rohna ❑epsrtrn nt of E nwron menta! Q ua Ry I ➢iviso n of Water Resou roes Fayettevi!e Reg:oeal 4rf:oe 1 225 Green Street, Suite 714 1 Fsyettemi!e, North Caro!.Ds 28301