WQCS00038_NOV and Intent to Assess_NOV-2020-DV-0184_20200430

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Envirnnmental Quality
CERTIFIED MAIL:7016 3560 0000 4428 4648
RETURN_ RECEIPT REQUESTED
April 30, 2020
Wendell Davis, County Manager
Durham County
200EMain St
Durham, NC 27701
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0184
Sanitary Sewer Overflows — January, February, March 2020
Collection System Permit No. WQCS00038
Durham County Collection System
Durham County
Dear Mr. Davis:
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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 violations that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202001049 3/18/2020 90 5433 Jessip St. Debris in line, Grease 21,319 21,319 Notice of Violation
Notice of Intent
202001107 3/30/2020 70 1502 Blue Water Way Debris in line, Grease 3,740 500 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 60 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
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