WQCS00002_NOV-2020-DV-0040_20200131

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CERTIFIED MAIL: 7017 2630 0000 2236 7177
RETURN RECEIPT REQUESTED
January 31, 2-020
Robert Massengill, PE
City of Raleigh
PO Box 590
Raleigh, NC 27602
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0040
Sanitary Sewer Overflows — October, November, December 2019
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake County
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Raleigh. The Division's Raleigh Regional Office concludes that the City of Raleigh violated Permit Condition I
(2) of Permit No. WQCS00002 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 Raleigh an opportunity to provide evidence and justification as
to why the City of Raleigh 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 (Mins) Location Cause (Gals) (Gals) DWR Action
201901618 10/4/2019 120 MH 817, McMakin St. Grease 3,000 3,000 Notice of Violation
201901743 11/5/2019 65 6701 Fox Road Debris in line 4,000 500 Notice of Violation
201901779 11/16/2019 167 7305 Kate Charles Road Grease 8,350 8,350 Notice of violation
201901818 11/26/2019 1,695 3112 Comstock Rd, Grease 16,200 16,200 Notice of Violation
Raleigh Notice of Intent
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Incident Start Duration
Number Date (Mins) Location Cause
201901838 12/3/2019
201901926 12/16/2019
201901937 12/18/2019
201901952 12/21/2019
141
105
7001 Paint Rock Ln. Grease
3311 Grove Crabtree Crest Debris in line
Raleigh
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
5,040 300 Notice of Violation
5,250 5,250 Notice of Violation
Grease 7,100
367 1019 Rose of Shearon Dr, PS equipment failure 12,760
Knightdale
71 5021 Bivens Dr.
7,000
510
Notice of Violation
Notice of Violation
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 ].0 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,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Central Files, Water Quality Section
Laserfiche
Email copy to Carlos Perez [e-mail]
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