WQCS00025_NOV-2020-DV-0216_20200507

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
£n vironmen tar Quality
CERTIFIED MAIL: 7018 1130 0000 1612 7673
RETURN RECEIPT REQUESTED
May 07, 2020
John N Ogburn, III
City of Asheboro
PO Box 1106
Asheboro, NC 27204-1106
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0216
Sanitary Sewer Overflows - January 2020
Collection System Permit No. WQCS00025
Asheboro Collection System
Randolph 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 Asheboro. The Division's Winston-Salem Regional Office concludes that the City of Asheboro violated
Permit Condition I (2) of Permit No. WQCS00025 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 Asheboro an opportunity to provide evidence and
justification as to why the City of Asheboro 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
202000084 1/14/2020 28 429 East Kivett Street Roots 1,400 1,400 Notice of Violation
Asheboro, NC
202000162 1/24/2020 334 15 Richland Place Inflow and Infiltration 20,875 20,875 Notice of Intent
North Carofins Deps rtment of Environmental Quality I dioision of Water Resources
WinstonSaiem Rs.,onsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carolifka 27105
�,•� 336-776-.OLI�5
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Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins) Location
Cause (Gals)
(Gals) DWR Action
202000163
1/24/2020
212 577 Lexington Rd
Inflow and Infiltration 3,710
3,710 Notice of Intent
202000164
1/24/2020
233 1129 E Mine St
Inflow and Infiltration 12,023
1,023 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 ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 60 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
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Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Laserfiche
North Carokka Oepartrnent of Environmental Quality I DhAsion of Water Resources
WinsrtonSaiem Regionsa Office 1 450 West lanes Will Road, Swte 300 I WinstonSaJern, North Carom$ 27105
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