WQCS00021_NOV and Intent to Assess_2020-DV-0314_20200713

ROY COOPER
Cavronor
MICHAEL S. REGAN
somlary
S. DANIEL SMITH
Dlrn[rar
CERTIFIED MAIL: 7016 3560 0000„4428 7144
RETURN RECEIPT REQUESTED
Grant W Goings, City Manager
City of Wilson
PO Box 10
Wilson, NC 27894-0010
NORTH CAROLINA
Environmental Quality
July 13, 2020
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0314
Sanitary Sewer Overflows - June 2020
Collection System Permit No. WQCS00021
Wilson Collection System
Wilson County
Dear Mr. Goings:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
City of Wilson. The Division's Raleigh Regional Office concludes that the City of Wilson violated Permit Condition I
(2) of Permit No. WQCS00021 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 Wilson an opportunity to provide evidence and justification as
to why the City of Wilson 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 (Mips) Location Cause (Gals) (Gals) DWR Action
202001813 6/8/2020 -660 4630 Ward Blvd & Pipe Failure (Break) 5,000 5,000 Notice of Violation -
Herring Avenue Notice of Intent
202001915 6/17/2020 120 1206 Robin Hill Road Severe Natural 600 600 Notice of Violation
Condition
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Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mina)
Location
Cause
(Gals)
(Gals) DWR Action
202001916
6/17/2020
120
Intersection of Cardinal
Severe Natural
420
420 Notice of Violation
and lakeside Drive
Condition
202001917
6/17/2020
165
Intersection of Beacon
Severe Natural
720
720 Notice of Violation
and Park Ave.
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.
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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