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HomeMy WebLinkAboutWQCS00268_NOI NOV-2020-DV-0274_20200610DocuSign Envelope ID: 4485E2BB-D7BB-4CE9-8D89-318AD3D23F7D ROY COOPER Govemor MICHAEL S. REGAN Sep t­y S. DANIEL SMITH Dlrec[or y� �STA7p Y! � 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. �rw North Car ,ms Department of Environmental Qualrtv 6!vsvn of Water Resources r lVf ) Wdrn:ngweg+�neiaff;ce 1127 CardimiDnve Eztensan Ki4r irg[ ,North :ara" a284�E 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 Upload to Laserfiche Nonh Car ,ms Depanmentof Environmenta!Q ualrtv 6!vsvn of Water Resources lVf ) Wdrn:ngw eg+�neiafil— 1127 Ca NimlDnve Eztensan N5lming[vn, North :ar _2840.5 910-796-7215