WQCS00056_NOV and Intent to Assess_2020-DV-0313_20200713

ROY COOPER
Cwemm
MICHAEL S. REGAN
Sec rrtary
S. DANIEL SMITH
Director
ERTIFIED MAIL: 7016 0000 4428 7137
RETURN RECEIPT REQUESTED
Roy Lynch, Town Manager
Town of Siler City
PO Box 769
Siler City, NC 27344
NORTH AROLINA
Environmental Quality
July 13, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0313
Sanitary Sewer Overflows - June 2020
Collection System Permit No. WQCS00056
Siler City Collection System
Chatham County
Dear Mr. Lynch:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Siler City. The Division's Raleigh Regional Office concludes that the Town of Siler City violated Permit
Condition I (2) of Permit No. WQCS00056 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 Town of Siler City an opportunity to provide evidence and justification
as to why the Town of Siler City should not be assessed a civil penalty for the violation(s) that are summarized
below:
Incident start Duration
Number Date (Minn) Location Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202001857 6/12/2020 390 1411 North Avenue, Severe Natural 10,500 10,500 Notice of Violation -
Siler City Condition Notice of Intent
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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,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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