WQCS00376_NOV and Intent to Assess_20190326

DocuSign Envelope ID: E6F6F91D-EAD8-4C57-9358-F2B9F93A650B
ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
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NORTH CAROLINA
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CERTIFIED MAIL: 7013 1710 0002 1922 1302
RETURN RECEIPT REQUESTED
March 6, 2019
Nicole Johnston, Executive Director
Yadkin Valley Sewer Authority
PO Box 828
Elkin, NC 28621
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0142
Sanitary Sewer Overflows - December 2018
Collection System Permit No. WQCS00376
Yadkin Valley Sewer Authority WWTP
Surry County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Yadkin Valley Sewer Authority. The Division's Winston-Salem Regional Office concludes that the Yadkin Valley
Sewer Authority violated Permit Condition I (2) of Permit No. WQCS00376 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 Yadkin Valley Sewer Authority an opportunity to provide
evidence and justification as to why the Yadkin Valley Sewer Authority should not be assessed a civil penalty for
the violation(s) that are summarized below: Total Vol
Total
Surface
Incident
Start
Date
Duration
(Mins)
Location
Cause
Vol
(Gals)
Water
(Gals)
DWR Action
Number
201803703
12/20/2018
300
Regional Lift Station
Inflow and Infiltration
30,000
30,000
Notice of Intent
201803704
12/20/2018
120
Crater Park
Inflow and Infiltration
12,000
12,000
Notice of Intent
201803797
12/29/2018
15
220 Winston Rd
Other
10
:. 10
No Further Action
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DocuSign Envelope ID: E6F6F91D-EAD8-4C57-9358-F2B9F93A650B
Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location
Cause
(Gals)
(Gals)
DWR Action
201900051
12/28/2018
180
Regional Pump Station
Inflow and
18,000
18,000
Notice of Intent
Infiltration, Severe
Natural Condition
201900053
12/28/2018
180
Crater Park
Inflow and
9,000
9,000
Notice of Intent
Infiltration, Severe
Natural Condition
201900054
12/28/2018
120
Library Outfall
Inflow and
2,800
2,800
Notice of Intent
Infiltration, Severe
Natural Condition
201900055
12/28/2018
120
Ronda Park
Inflow and
1,200
1,200
Notice.of Intent
Infiltration, Severe
Natural Condition
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.booneOncdenr.gov.
Sincerely,
E
euSignedtby:
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Lon T. Snider, Assistant 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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