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HomeMy WebLinkAboutWQCS00003_NOI_NOV2021DV0285_20210617ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director Certified Mail # 7018 1130 0000 1612 6584 Return Receipt Requested Courtney L Driver, Director of Utilities City of Winston-Salem PO Box 2511 Winston Salem, NC 27107-9998 NORTH CAROLINA Environmental Quality June 17, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0285 Sanitary Sewer Overflows - March 2021 Collection System Permit No. WQCS00003 Winston-Salem Collection System Forsyth 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 Winston-Salem. The Division's Winston-Salem Regional Office concludes that the City of Winston-Salem violated Permit Condition I (2) of Permit No. WQCS00003 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 Winston-Salem an opportunity to provide evidence and justification as to why the City of Winston-Salem 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 202101003 3/8/2021 120 531 Northridge Park Other Drive 5,600 2,800 Notice of Intent 202101027 3/12/2021 40 1475 New Walkertown Grease 5,750 5,750 Notice of Intent Rd 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 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202101028 3/13/2021 121 620 Pennington Ridge Grease 3,300 3,300 Notice of Intent Ct 202101034 3/15/2021 300 5288 Ivy Stone Ln Pipe Failure (Break) 2,250 2,250 Notice of Intent 202101061 3/19/2021 660 1115 Bethabara Pointe Severe Natural Cr Condition 36,500 36,500 Notice of Intent 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 LD_E Sincerely, DocuSiiggned by:by� r. 145B49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmenta[ Quality I Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road. Suite 300 I inston-Salem. North Carolina 27105 336 .776.9600