WQCSD0726_NOV-2021-DV-0057_20210122

ROY COOPER.
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 2680 0000 2219 5770
RETURN RECEIPT REQUESTED
January 22, 2021
David Allen, Jr, Manager
David Allen LLC
113 Carolina Ar1I&,
Chapel Hill, NC 27514
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0057
Sanitary Sewer Overflows - December 2020
Collection System Permit No. WQCSD0726
Sunrise Biscuit Kitchen
Orange County
Dear Mr. Allen:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 24-hour notice submitted by
David Allen LLC. In addition, this office does not have a record of receiving a 5-day report for this
incident. Overflows and bypasses shall be reported within 24 hours, and a more detailed written report shall be
submitted within five days following first knowledge of the occurrence, as required in 15A NCAC 02B .0506. In the
future, please make sure to comply with these requirements.
The Division's Raleigh Regional Office concludes that the David Allen LLC violated Permit Condition I (2) of Permit
No. WQCSD0726 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 Raleigh Regional Office is providing the David Allen LLC an opportunity to provide evidence and justification as
to why the David Allen LLC 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
202003579 12/22/2020
1305 E. Franklin St. Pipe Failure (Break) unknown unknown Notice of Violation -
Notice of Intent
North Carolina Department of Environmental Dimity I D vision of Water Resources
Ri:eigh Reg one' 0ffoe 13600 Barrett Drive I Ra:e.gh, North Caro'ma 27609
919-791-4200

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, ied fid an .S. 143-215.1.
This ofFgligamen4witherryou 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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
E ) North Carolina Department of Environmental Qu& z D'visron of Water Resources
Fare�gh Reg+onai Offiee { 38D0 Barrett Drive RaIe�gh.Norih Caro ma 27609
""� "\ ,.' 919 791-4200

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2. Article Number
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Domestic Retum Receipt
PS Form 3811, February 2004

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