WQCS00011_NOV and Intent to Assess_2020-DV-0197_20200501

ROY COOPER
C'A rm'"
MICHAEL S. REGAN
Sr[rMury
S. DANIEL SMITH
Dirram
NoRfH CAR01 NA
fnvlrcnmcn►al Qualify
CERTIFIED MAIL: 7016 3560 0000 4428 6635
RETURN RECEIPT REQUESTED
May 01, 2020
Rochelle D Small -Toney, City Manager
City of Rocky Mount
331 S Franklin St
Rocky Mount, NC 27804
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0196
Sanitary Sewer Overflows — January, February, March 2020
Collection System Permit No. WQCS00011
Rocky Mount Collection System
Edgecombe County
Dear Ms. Small -Toney:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
City of Rocky Mount. The Division's Raleigh Regional Office concludes that the City of Rocky Mount violated Permit
Condition I (2) of Permit No. WQCS00011 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 Rocky Mount an opportunity to provide evidence and
justification as to why the City of Rocky Mount 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
202000087
1/14/2020 422
River Side Dr
Inflow and
2,100
2,100
Notice of Violation -
Infiltration, Severe
Notice of Intent
Natural Condition
202000144
1/23/2020 6
Bethlehem Road
Other
200
200
Notice of Deficiency
202000320
2/6/2020 3690
River Side Dr at
Inflow and
73,800
73,800
Notice of Violation
RR trestle
Infiltration, Severe
Natural Condition

Incident Start Duration
Number Date (Mins) Location
202000323 2/6/2020 1047 Johnson Street
202000325 2/6/2020
202000327 2/6/2020
202000515 2/7/2020
559 1701 Cooley Rd.
4185 Cherry St.
670 Old Mill Rd.
202000537 2/8/2020 1253 Battle Park Ln
Cause
Inflow and
Infiltration, Severe
Natural Condition
Inflow and
Infiltration, Severe
Natural Condition
Inflow and Infiltration,
Severe Natural Condition
Inflow and
Infiltration, Severe
Natural Condition
Inflow and
Infiltration, Severe
Natural Condition
202001070 3/24/2020 108 3324 Sunset Ave. Debris
Total Vol
Total surface
Vol Water
(Gals) (Gals) DWR Action
10,575 10,575 Notice of Violation
2,850
12,645
13,200
63,600
324
2020001083 3/25/2020 420 River Side Dr Inflow and 2,100
Infiltration, Severe
Natural Condition
2,850 Notice of Violation
12,645 Notice of Violation
13,200 Notice of Violation
63,600 Notice of Violation
324 Notice of Violation
2,100 Notice of Violation -
Notice of Intent
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
Laserfiche
1���. `.sr`}ae'f •}"�•al ...j _, ,M1}..! _4 ... ,. f: :��. f:!_?!3._':}i