WQCS00002_NOV-2020-DV-0271 NOI_20200610

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CERTIFIED MAIL: 7016 3S60 0000 4428 6949
RETURN RECEIPT REQUESTED
June 10, 2020
Robert Massengill, Director Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0271
Sanitary Sewer Overflows - May 2020
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake County
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Raleigh, The Division's Raleigh Regional Office concludes that the City of Raleigh violated Permit Condition I
(2) of Permit No. WQCS00002 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 Raleigh an opportunity to provide evidence and justification as
to why the City of Raleigh should not be assessed a civil penalty for the violations that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Minn) Location Cause (Gals) (Gals) DWR Action
202001324 5/4/2020 159 3151 CAPITAL BLVD Grease 1,575 1,000 Notice of Violation
202001325 5/4/2020 113 1511 GRADUATE LN, Roots 3,000 3,000 Notice of Violation
Raleigh Notice of Intent
202001335 5/6/2020 81 806 Navaho Drive Grease 6,700 Notice of Violation

Incident Start Duration
Number Date (Mies) Location Cause
202001341 5/7/2020 497 4020 Tryon Road Pipe Failure (Break)
20 001378 5/14/2020 67 2421 foxtrot road, Grease
Raleigh
202001567 5/26/2020 13 4029 Deep Hallow Dr., Grease
Raleigh
202001722 5/29/2020
202001779 5/30/2020
41
144
141 Cotton Paws Pump station
Street equipment failure
514 West Cambridge Grease
Drive
Total
Vol
(Gals)
49,149
871
900
1,640
3,180
Total Vol
Surface
Water
(Gals) DWR Action
13,000 Notice of Violation
Notice of Intent
800 Notice of Violation
600 Notice of Violation
1,640 Notice of Violation
3,180 Nonce 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 10 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,
�T2 Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche Section
e-mail to Carlos Perez carlos.perez raleighncgov
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