WQCS00349_NOV2021DV0237_20210512

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7018 1130 0000 1612 5730
Return Receipt Requested
R Benjamin Baxley, Town Manager
Town of Gibsonville
129 W Main St
Gibsonville, NC 27249
NORTH CAROLINA
Environmental Quality
May 12, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0237
Sanitary Sewer Overflows - January 2021
Collection System Permit No. WQCS00349
Gibsonville Collection System
Alamance 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 Gibsonville. The Division's Winston-Salem Regional Office concludes that the Town of Gibsonville violated
Permit Condition I (2) of Permit No. WQCS00349 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 Gibsonville an opportunity to provide evidence and
justification as to why the Town of Gibsonville should not be assessed a civil penalty for the violation(s) that are
summarized below:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202100229 1/13/2021
240 Intersections Pitts Rd & Other, Pipe Failure
Elon Osippee Rd (Break), Pump station
equipment failure
20,000 20,000 Notice of Intent
D_EQ )
North Carolina Department of Environmental Quality i Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road. Suite 300 I Winston-Salem. North Carolina 27105
336.776.9800

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 [e-mail].
Cc: Laserfiche
LD_E
Sincerely,
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Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional office 1450 West Hanes Mill Road. Suite 300 I Winston-Salem. North Carolina 27105
336 .776.9600