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Home My WebLink AboutWQCS00011_NOV and Intent to Assess_2020-DV-0311_20200713ROY COOPER Cmrinnr MICHAEL S. REGAN Set miary S. DANIEL SMITH Dirverar ERTIFIED MAIL: 7016 0 4428 7113 RETURN RECEIPT REQUESTED Rochelle D Small -Toney, City Manager City of Rocky Mount 331 S Franklin St Rocky Mount, NC 27804 NORTH GAROLINA Environmental Quality July 13, 2020 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0311 Sanitary Sewer Overflows - June 2020 Collection System Permit No. WQCS00011 Rocky Mount Collection System Edgecombe County Dear Ms. Small -Toney: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by City of Rocky Mount. The Division's Raleigh Regional Office concludes that the City of Rocky Mount violated Permit Condition I (2) of Permit No. WQCS00011 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 Rocky Mount an opportunity to provide evidence and justification as to why the City of Rocky Mount 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 202001901 6/17/2020 1,425 Battle Park Lane Inflow and 21,000 21,000 Notice of Violation Infiltration, Severe Natural Condition 202001941 6/17/2020 92 �4021 Ketch Point Dr Severe Natural 450 450 Notice of Violation Condition __/" -s!! j- -lj:-! = t41 =:.. �i"f.^.:•..i l'i!j^ P�_.^ _�: rl= c-- Incident Start Duration Number Date (Minn) Location Total Vol Total Surface Vol Water Cause (Gals) (Gals) DWR Action 202001942 6/17/2020 355 1460 Cokey rd Inflow and 3,550 3,550 Notice of Violation Infiltration, Severe Natural Condition 202001943 6/17/2020 367 1101 Johnson St. Inflow and 3,670 3,670 Notice of Violation Infiltration, Severe Natural Condition 202001944 6/17/2020 1,254 Hillsdale Inflow and 6,300 6,300 Notice of Violation Infiltration, Severe Natural Condition 202001945 6/17/2020 680 545 E Raleigh Blvd Inflow and 7,000 7,000 Notice of Violation Infiltration, Severe Natural Condition 202001946 6/17/2020 1,836 930 Bethlehem Rd. Inflow and 27,324 27,324 Notice of Violation Infiltration, Severe Natural Condition 202001947 6/17/2020 595 824 Old Mill Rd. Inflow and 2,975 2,975 Notice of Violation Infiltration, Severe Natural Condition 202001948 6/17/2020 186 200 South Englewood Inflow and Infiltration, Severe Natural Condition 202001949 6/17/2020 712 Wake St Inflow and Infiltration, Severe Natural Condition 2,790 2,790 Notice of Violation 14,100 14,100 Notice of Violation 202001950 6/17/2020 685 Branch Street Inflow and 330 330 Notice of Violation Infiltration, Severe Natural Condition 202001951 6/17/2020 298 Olive Street Inflow and 3,000 3,000 Notice of Violation Infiltration, Severe Natural Condition 202001953 6/17/2020 487 2800 W. Minster Dr. Inflow and 9,740 9,740 Notice of Violation Infiltration, Severe Natural Condition 202001954 6/17/2020 262 Jason Drive Inflow and 2,620 2,620 Notice of Violation Infiltration, Severe Natural Condition 202001955 6/17/2020 807 Tyan St. Inflow and 4,060 4,060 Notice of Violation Infiltration, Severe Natural Condition 202001956 6/17/2020 512 1401 East Raleigh Blvd Inflow and 5,020 5,020 Notice of Violation Infiltration, Severe Natural Condition ..f I �,•t:•C'Y.�:Y'n1s:.<as Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mina) Location cause (Gals) (Gals) DWR Action 202001986 6/18/2020 565 163 Spaulding Drive Inflow and 1,695 1,695 Notice of Violation Rocky Mount 27802 Infiltration, Severe Natural Condition 202001987 6/18/2020 740 2471 Postal Drive Rocky Inflow and 37,000 37,000 Notice of Violation Mount NC 27802 Infiltration, Severe Natural Condition 202001988 6/18/2020 630 681 Old Mill Road Rocky Inflow and 15,750 15,750 Notice of Violation Mount NC 27802 Infiltration, Severe Natural Condition 202001989 6/18/2020 1,650 1717 Branch Street Inflow and 7,650 7,650 Notice of Violation Rocky Mount NC 27802 Infiltration, Severe Natural Condition 202002018 6/22/2020 300 416 Barnum Road Severe Natural 2,400 2,400 Notice of Violation Condition 202002089 6/28/2020 155 3300 Cornwallis Dr Debris in line 3,000 3,000 Notice of Violation - Notice of Intent 202002093 6/17/2020 7,330 Riverside Drive Inflow and 73,500 73500 Notice of Violation Infiltration, Severe Natural Condition 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. -i; P.:^^a':-1:461': e' 71_ :--Ya --1 : - : '1_'- SCY F+13:a:11 _E -- - - r' ;1:�-rtj :re _!'ct� _E--'zi 1C 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 mitch.hayes@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche 11:.^,'zk'7 r 1 � tcj-:^4^t.f cr.::r^'4�;1 ;. 1 I .. '3 :":� cvfitu-e7i4 D� mil. 5lkj•r4�:.^l=u :.Y'