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HomeMy WebLinkAboutWQCS00312_NOV-2019-DV-0383 NOI_20191011ROY COOPER Governor K41CHAEL & R.EGAN Secretary LIN DA CU LPE PPER Dirfftor NORTH CAROL INA Environmental Quality CERTIFIED MAIL: 7011 1570 0001 8546 4426 RETURN RECEIPT REQUESTED October 11, 2019 Zeb Holden, City Manager City of Archdale PO Box 14068 Archdale, NC 27263 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0383 Sanitary Sewer Overflows - August 2019 Collection System Permit No. WQCS00312 Archdale 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 Archdale. The Division's Winston-Salem Regional Office concludes that the City of Archdale violated Permit Condition I (2) of Permit No. WQCS00312 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 Archdale an opportunity to provide evidence and justification as to why the City of Archdale 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 (Minn) Location Cause (Gals) (Gals) DWR Action 201901343 8/8/2019 120 6213 Weant Rd Pipe Failure (Break) 7,200 3,500 Notice of Intent North Carofina Depart ment of f nvironmen tad Quality I Diuision of Water Resources WjrkstoaZaaem R fl,onaa Office 1450 West Hanes hail Road, Sane 30D I WinsronSalern, North CATof rks 27105 -� '� 336-776-WOO 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. Sincerely, DocuSigned by: EL Lon tF)tn'?ae'r, `kegional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ cc: Winston-Salem Regional Office - WQS File North Caroi-ina Department of fnviran mental Quality I Oiuision of Water Resouf-res WinstonSaiem Regioasa Office 1 450 West Hanes Mill Road, Sane 30D I Winsta nSalem, North Camfina 27105 `� 3W-776-WOO