HomeMy WebLinkAboutWQCS00033_NOV2019DV0449_20191211ROY COOPER
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CERTIFIED MAIL: 7011-1570-0001-8546-4525
RETURN RECEIPT REQUESTED
December 11, 2019
Barbara Jones, City Manager
City of Mount Airy
300 S Main St
Mount Airy, NC 27030
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0449
Sanitary Sewer Overflows - September 2019
Collection System Permit No. WQCS00033
Mount Airy Collection System
Surry 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 Mount Airy. The Division's Winston-Salem Regional Office concludes that the City of Mount Airy violated
Permit Condition I (2) of Permit No. WQCS00033 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 Mount Airy an opportunity to provide evidence and
justification as to why the City of Mount Airy 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
201901598 9/26/2019 1,380 Behind 1401 Boggs Debris in line, Grease 20,700 20,700 Notice of Intent
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Xorth Caronna Deps rtment of Environmental Quality I Dioision of Water Resources
WinsbanSalemR .,onsaOfi-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 ron.boone@ncdenr.gov.
Sincerely,
EDocuSigned by:
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Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche
Xorth Ca rosins Deps rtment of Environmental Quality I Dioision of Water Resources
WinsbonSaiem R fl+ansa Office 1 450 West Hafies Will Road, Swte 30D I WinstonSaJern, North Carolifka 27105
w� 336-776-9300