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HomeMy WebLinkAboutWQCS00003_NOV-2020-DV-0345_20200810ROY COOPER Governor MICHAEL S. REGAN secretary S. DANIEL SMITH Director NORTH CAROLINA £n vironmen tar Quality CERTIFIED MAIL # 7018 1130 0000 1612 7857 RETURN RECEIPT REQUESTED August 10, 2020 Courtney Driver, Director Utilities of City of Winston-Salem PO Box 2511 Winston Salem, NC 27102 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0345 Sanitary Sewer Overflows - May 2020 Collection System Permit No. WQCS00003 Winston-Salem Collection System Forsyth County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Winston-Salem. The Division's Winston-Salem Regional Office concludes that the City of Winston-Salem violated Permit Condition I (2) of Permit No. WQCS00003 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 Winston-Salem Regional Office is providing the City of Winston-Salem an opportunity to provide evidence and justification as to why the City of Winston-Salem 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 202001505 5/21/2020 1,050 4561 Cooper Road Inflow and 210,000 210,000 Notice of Intent Infiltration, Severe Natural Condition 202001566 5/26/2020 270 4093 Green Heaven Grease, Roots 21,600 21,600 Notice of Intent Drive North Carofins Deps rtment of Environmental Quality I dioision of Water Resources WinstonSaiem Rs.,onsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carolifka 27105 �,•� 336-776-.OLI�5 O 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 ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.gov. Sincerely, EDocuSigned by: LJ� T SWer -4'B49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ Cc: Laserfiche Xorth Ca rosins Deps rtment of Environmental Quality I Dioision of Water Resources WinsbonSaiem R fl+ansa Office 1 450 West Hafies M 11 Road, Swte 30D I WinstonSaJern, North Carom$ 27105 w� 336-776-9300