WQCS00376_NOI NOV-2019-DV-0368_20190916

ROY COOPER
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K41CHAEL S. REGAN
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LINDA CULPEPPER
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CERTIFIED MAIL: 7011 1570 0001 8546 4389
RETURN RECEIPT REQUESTED
September 16, 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-0368
Sanitary Sewer Overflows - July 2019
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 Report/s 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 Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
201901225 7/14/2019 300 1/2 mile from Regional Pipe Failure (Break) 150,000 75,000 Notice of Intent
Pump Station. Force
main break.
Xorth Caronna Deps rtment of Environmental Quality I Dioision of Water Resources
WinsbanSalemR .,onaJOfi-ice 1 450 West HanesWill Road. Swte30D I WinstonSaJern, WrthCarof,na27105
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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 ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
DocuS�igfned by:
L ",
E66T. W&F, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Winston-Salem Regional Office - WQS File
North Carokka Department of Environmental Quality I DhAsion of Water Resources
WinsrtonSaiem Regionsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carom$ 27105
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