WQCS00038_NOV and Intent to Assess_20191025

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CERTIFIED MAIL: 7017 2680 0000 2236 7573
RETURN RECEIPT REQUESTED
October 25, 2019
Wendell Davis, County Manager
Durham County
200 E Main St
Durham, NC 27701
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0391
Sanitary Sewer Overflows — July, August, September 2019
Collection System Permit No. WQCS00038
Durham County Collection System
Durham County
Dear Mr. Davis:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Durham County. The Division's Raleigh Regional Office concludes that the Durham County violated Permit
Condition I (2) of Permit No. WQCS00038 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 Raleigh Regional Office is providing the Durham County an opportunity to provide evidence and justification as
to why the Durham County should not be assessed a civil penalty for the violation(s) that are summarized below:
Incident Start Duration
Number Date (Mips) Location Cause
201901306 7/17/2019 20,715 Near 105 TW Alexander Pipe Failure (Break)
Dr, Durham
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
418,800 418,800 Notice of Violation
i.-

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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
4
S. Jay Zimmerman P.G., Chief
Water Quality Regional *Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Central Files, Water Quality Section