WQCS00051_NOI_NOV2022DV0370_20221214

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0002 0860 8188
Return Receipt Reauested
Kenneth D. Noland, Town Manager
Town of Wilkesboro
P.O. Box 1056
Wilkesboro, NC 28697-1056
NORTH CAROLINA
Environmental Quality
December 14th, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0370
Sanitary Sewer Overflows - November 2022
Collection System Permit No. WQCS00051
Wilkesboro Collection System
Wilkes County
Dear Mr. Noland:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Wilkesboro. The Division's Winston-Salem Regional Office concludes that the Town of Wilkesboro violated
Permit Condition I (2) of Permit No. WQCS00051 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 Wilkesboro an opportunity to provide evidence and
justification as to why the Town of Wilkesboro 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
202201661 11/5/2022 330 1409 World Wide Ln, Other, Pump station 10,000
Notice of Intent
Wilkesboro, NC, 28697 equipment failure
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.
North Carolina Department of Environmental Quality i Division of Water Resources
Winston-5alem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105
336.776.9500

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].
Sincerely,
DocuSiTgned by:
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1451349E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
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North Carolina Department of Environmental Quality i Division of Water Rescurces
Winston-5alem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105
336.776.9500