WQCSD0199_NOV-2019-DV-0054_20190213

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R.OY COOPER
Governor t -
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IvIICHAEL S.REG AN
Secretary ""
LINDA CULPEPPER NORTH CAROLINA
°Wear Environmental Quality
CERTIFIED MAIL
RETURN RECEIPT REQUESTED RECEIVED/DENR/DWR
7013-1710-0002-1922-1203
FEB 19 2019
February 13, 2019 Water Re sources
Permitting Section
Darrell Cain
Cainsway Homeowners Association
2350 Huffine Mill Rd
McLeansville, NC 27301
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0054
Sanitary Sewer Overflows - November 2018
Collection System Permit No. WQCSD0199
Cainsway MHP 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
Cainsway Homeowners Association. The Division's Winston-Salem Regional Office concludes that the Cainsway
Homeowners Association violated Permit Condition I (2) of Permit No. WQCSD0199 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 Cainsway Homeowners Association an opportunity to provide
evidence and justification as to why the Cainsway Homeowners Association 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
201803567 11/27/2018 1,770 6085 Cane Forest Dr Grease 4,500 4,500 Notice of Intent
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SSOs which occurred as a direct result of severe natural conditions in November, 2018, have been given special
consideration. The Division has decided against taking enforcement action for some of these SSOs based on
several specific exceptional weather-related conditions surrounding each individual event.
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.boonetancdenr.gov.
Sincere!
\` J'
C
aS Sherri `ight, Regional Supervisor
Water Quality Regional Operations Section •
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: Winston-Salem Regional Office - WQS File
Central Files, Water Quality Section
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