WQCS00005_NOV and Intent to Assess_20200203

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 2680 0000 2236 8440
RETURN RECEIPT REQUESTED
February 3, 2020
Donald F Greeley, Director
City of Durham
101 City Hall Plaza
Durham, NC 27701-3329
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0047
Sanitary Sewer Overflows - November 2019
Collection System Permit No. WQCS00005
Durham Collection System
Durham 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 Durham. The Division's Raleigh Regional Office concludes that the City of Durham violated Permit Condition
I (2) of Permit No. WQCS00005 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 City of Durham an opportunity to provide evidence and justification as
to why the City of Durham should not be assessed a civil penalty for the violation(s) that are summarized below:
Incident #
Start Date
Location
Cause
Total
Vol
Vol to
H2O
Action
201901611
1012/19
1616 Cooper Street
Pipe Failure/Break
10,000
10,000
NOV
201901614
10/3/19
2816 Ross Road
Debris
12,000
12,000
NOV
201901636
10/11/19
3015 Weymouth Street
Other
80
80
BPJ - NFA
201901637
10/12/19
733 Rutherford Street
Grease
1,925
NOV
201901693
10/26/19
3 Capri Terrace
Debris
300
300
BPJ - NFA
201901694
10/27/19
1805 Milan St.
Debris
600
600
BPJ - NFA
201901738
11/5/19
1012 Bluestone Road
Debris
2,060
2,060
NOV
201901777
11/16/19
33 Jenee Lane, Durham
Debris
19,250
19,250
NOV-NOI
201901813
11/25/19
413 Farintosh Valley Lane
Debris
1,575
1,575
NOV
201901848
12/5/19
811 Arnette Avenue
Debris/Other
172
BPJ - NFA
201901865
12/9119
Duke U. Near Maxwell Ave, Smith
Warehouse, Bay 6
Pipe Failure/Break
45
45
BPJ - NFA
,D �� North Carolina Department of Environmental Quality I Division of Water Resources

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 3ason Robinson with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
J,7
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS Pile
Central Piles, Water Quality Section
Gurvis Mobley, City of Durham, 101 City Hall Plaza, Durham, NC 27701-3329