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HomeMy WebLinkAboutWQCS00033_NOV2019DV0449_20191211ROY COOPER bow-rilor K41C IAEL S. REGAN 5erretrrry LINDA CULPEPPER CUM toy NORTH CAROL INA €nvir nMental Qual" 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 Drive 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 � �,•�� ,336-776-.OLI�5 O 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: L uti T '~ides -,'B49E225C94EA... 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