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HomeMy WebLinkAboutWQCS00242_NOV2020DV0206_20200507ROY COOPER Governor MICHAEL S. REGAN secretary S. DANIEL SMITH Director NORTH CAROLINA £n vironmen tar Quality CERTIFIED MAIL: 7018 1130 0000 1612 7635 RETURN RECEIPT REQUESTED May 07, 2020 Raymond Herring Town of Swepsonville 2747 Darrell Newton Dr Graham, NC 27253 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0206 Sanitary Sewer Overflows - January 2020 Collection System Permit No. WQCS00243 Swepsonville Collection System Alamance County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Swepsonville. The Division's Winston-Salem Regional Office concludes that the Town of Swepsonville violated Permit Condition I (2) of Permit No. WQCS00243 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 Town of Swepsonville an opportunity to provide evidence and justification as to why the Town of Swepsonville 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 202000022 1/3/2020 300 2747 Darrell Newton Dr Inflow and Infiltration 12,000 12,000 Notice of Intent Xorth Ca rosins Deps rtment of Environmental Quality I Dioision of Water Resources WinstonSaiem Rs.,onsa Office 1450 West Mathes Will Road, Swte 30D I WinstonSaJern, North Carolifka 27105 �,•� 336-776-.OLI�5 O 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 ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 60 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.gov. Sincerely, DocuS�igfned<by: l c.Jn.r�ft' 14 49 25C 4EA Lon ni er, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ cc: Laserfiche North Carokka Department of Environmental Quality I DhAsion of Water Resources WinsrtonSaiem Regionsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carom$ 27105 arts 6�� 336-776-9 O