WQCSD0711_NOV and Intent to Assess 2020-DV-0341_20200806

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ROY COOPERS
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MICHAEL S REGANSecrrIary
S. DANIEL SMITH
NORTH CAROLINA
Arrecior
Environmental Quality
CERTIFIED MAIL: 7016 3560 0000 4428 7359
RETURN RECEIPT REQUESTED
August 06, 2020
Michael Benkowitz, President
United Therapeutics
1040 Spring St
Silver Spring, MD 20910
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0341
Sanitary Sewer Overflows — January, February, March 2020
Collection System Permit No. WQCSD0711
United Therapeutics Collection System
Durham County
Dear Mr. Benkowitz:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
United Therapeutics. The Division's Raleigh Regional Office concludes that United Therapeutics violated Permit
Condition I (2) of Permit No. WQCSD0711 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 United Therapeutics an opportunity to provide evidence and justification
as to why United Therapeutics 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 (Mina) Location Cause (Gals) (Gals) DWR Action
202001026 3/6/2020 5,525 manhole @ NC Hwy 147 Debris in line, Pipe 46,800 46,800 Notice of Violation -
and Alexander Drive Failure (Break), Roots 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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