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HomeMy WebLinkAboutWQCS00018_NOI_NOV2021DV0245_20210512ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Certified Mail # 7018 1130 0000 1608 1951 Return Receipt Requested Jon Mendenhall, City Manager City of Eden PO Box 70 Eden, NC 27289-0070 NORTH CAROLINA Environmental Quality May 12, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0245 Sanitary Sewer Overflows - January 2021 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: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202100329 1/26/2021 233 Covenant Branch Pump Inflow and Station, 699 Lake Infiltration, Severe Street Natural Condition 3,700 3,700 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 ron.boone@ncdenr.gov. Cc: Laserfiche ODE Sincerely, DocuSigned by:< L-o,. l . 3M,lhts' 145B49E225C94EA... 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 33b.776.9800