HomeMy WebLinkAboutWQCS00268_NOI NOV-2020-DV-0274_20200610DocuSign Envelope ID: 4485E2BB-D7BB-4CE9-8D89-318AD3D23F7D
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MICHAEL S. REGAN
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S. DANIEL SMITH
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NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 0190 0000 9534 3946
RETURN RECEIPT REQUESTED
June 10, 2020
Richard L Woodruff
City of Jacksonville
PO Box 128
Jacksonville, NC 28541-0128
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0274
Sanitary Sewer Overflows - April 2020
Collection System Permit No. WQCS00268
Jacksonville Collection System
Onslow 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 Jacksonville. The Division's Wilmington Regional Office concludes that the City of Jacksonville violated Permit
Condition I (2) of Permit No. WQCS00268 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 Wilmington Regional Office is providing the City of Jacksonville an opportunity to provide evidence and
justification as to why the City of Jacksonville 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
202001224 4/20/2020 144 Manhole in woods Debris in line 10,080 7,320 Notice of Violation
behind 807 Huff Dr
odor reported
Additionally, the right-of-way hadn't been maintained causing access to the area difficult to assess the problem and
clean-up spill. No indication given as to when right-of-way was last cleared/maintained nor when line was last
cleaned prior to incident. Records of both these actions are required to be maintained under the City's permit and
failure to do so are violations.
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910-796-7215
DocuSign Envelope ID: 4485E2BB-D7BB-4CE9-8D89-318AD3D23F7D
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 15 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 Dean Hunkele with the Water Quality Section in the
Wilmington Regional Office at 910-796-7215 or via email at dean.hunkele@ncdenr.gov.
Sincerely,
DocuSigned by:
:F141E 6...
Tom Tharrington, Asst. Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: Wilmington Regional Office
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lVf ) Wdrn:ngw eg+�neiafil— 1127 Ca NimlDnve Eztensan N5lming[vn, North :ar _2840.5
910-796-7215