Loading...
HomeMy WebLinkAboutWQCS00025_NOI_NOV2021DV0381_20210908ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7018 1130 0000 1612 6294 Return Receipt Requested John N Ogburn, III City of Asheboro PO Box 1106 Asheboro, NC 27204-1106 NORTH CAROLINA Environmental Quality September 08, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0381 Sanitary Sewer Overflows - June 2021 Collection System Permit No. WQCS00025 Asheboro Collection System Randolph 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 Asheboro. The Division's Winston-Salem Regional Office concludes that the City of Asheboro violated Permit Condition I (2) of Permit No. WQCS00025 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 Asheboro an opportunity to provide evidence and justification as to why the City of Asheboro 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 202101400 6/11/2021 40 Liftstation #2, 1229 Pump station East Dixie Dr equipment failure, Severe Natural Condition 6,000 6,000 Notice of Intent e.r,e�e m s. me r.w oiaaa 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 202101401 6/10/2021 280 Liftstation #3, 1129 Inflow and East Mine Street Infiltration, Severe Natural Condition 7,767 7,767 Notice of Intent 202101402 6/10/2021 215 Liftstation #4, 577 Inflow and Lexington Rd Infiltration, Severe Natural Condition 6,987 6,987 Notice of Intent 202101403 6/11/2021 100 Liftstation #6, 15 Inflow and Richland Place Infiltration, Severe Natural Condition 3,250 3,250 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: < t— . l . 5..,at- 145B49E225C94 EA... 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