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Home My WebLink AboutWQCS00005_Revision to NOV and Intent to Assess 2020-DV-0185_202008137 ` ROY COOPER Cmrrm+r ? r MICHAEL S. REGAN fi "" Ik• srrrrtvey N4...P* •k:. ,• .. 5. DANIEL SMITH NORTH CAROLINA Ahrernr environmental Quality CERTIFIED MAIL:-7Q17 2680 0000 8624 RETURN RECEIPT REQUESTED August 13, 2020 Donald F Greeley, Water Management Director City of Durham 101 City Hall Plaza Durham, NC 27701-3329 SUBJECT: REVISION: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0185 REVISION Sanitary Sewer Overflows — January, February, March 2020 Collection System Permit No. WQCS00005 Durham Collection System Durham County Dear Mr. Greeley: This letter is to correct an error to NOV-2020-DV-0185 that was issued to you on April 30, 2020 (attached). The original NOV letter that was issued stated that incident number 202000114 that occurred on January 16, 2020 was reported as 168,075 gallons. This was an error. This incident was reported as 7,400 total gallons and 7,400 gallons to surface water. This -letter shall serve as a revision to the originally issued NOV to correct the volume of incident 202000114 to 7,400 gallons. Your response to the original NOV dated June 25, 2020 was received by the Division and acknowledged the correct volume for this incident. Since a response has already been received, no additional response is required. If you would like to submit an additional response, please do so within 10 days of receiving this letter. 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 -F:`. 'i: •^•'�1': '1 �4C }:�^.;.•71: .._4:1 ,.! .. 'i.".�. /:= Sri: -e� E - � =il j'.''4E :'I �F:*� ill.: ! ^!: j'r.5':•_1'=-!l ROi COOPER - r � •1 All, tl:,'rv4 I(I} � jL l'� AIiCI-IriEL S REGr1N St[ R7r) S. DANIEL SMITH r,pw M C-%RO INN O,rrricr En.;rcnrrrrnfal Quaf(!f r,ERTIFIED.MAIL:-T016 3560 0000 4428 4655 RI 7'UR RECEIPT REQUESTED Apri; 30, 2020 Donald F Greeley, Water Management Director City of Durham 101 City Hall Plaza Durham, NC 27701-3329 SUBJECT-: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0185 Sanitary Sewer Overflows -- January, February, March 2020 Collection System Permit No. WQCS00005 Durham Collection System Durham County ' Dear Mr. Greeley: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Durham. The Division's Raleigh Regional Office concludes that the City of Durham violated Permit Condition I (2) of Permit No. WQCS00005 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 Durham an opportunity to provide evidence and justification as to why the City of Durham 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 (Mins) Location Cause (Gals) (Gals) DWR Action 20200GO44 1/812020 150 1201 Vintage H II Pkwy. Pipe failure 7500 7500 Notice of Violation - Notice of Intent 202000114 1/16/2020 220 4023 Wake Forest Rd. Grease & Debris 168,1l75 168,075 Notice of Violation - Notice of Intent 202000158 1/26/2020 113 2321 Stroller Ave. Roots 970 970 Notice of Violation Incident start Number Date 202000246 2/4/2020 Duration (Minn) Location 45 904 Lambeth Or 202000305 2/6/2020 491 202000309 202000313 2/6/2020 2/6/2020 481 678 202000635 2/11/2020 is 2020006,39 2/15/2020 its Cause Other Total Vol (Gals) 225 Rockwood Park Severe Natural 168,075 Condition 3201 Coachman Way Severe Natural 24,050 Condition 1912 Essex ecad Severe Natural 67,800 Condition 3014 Sparger Rd Lift Power Outage, Pump Station station equipment failure 707 W Murray Avenue Debris in line, Grease 202000704 2/1712020 147 1101 Hamlin Road Pipe Failure (Break) 2020DO714 2/19/2020 30 309 W. Morgan Street Debris in line 202000771 2121/2020 251 2917 Salvone court 202000772 2/21/2020 202000841 3/2/2020 2020N991 3/12/2024 202001115 3/29/2020 76 24 Phauff court Vandalism Vandalism 90 5210 Peppercorn St, Debris 70 Hillandale Golf jCourse Grease So 1600 Hillandale Rd. Grease Total Vol Surface Water (Gals) DWR Action 225 Notice of Deficiency 168,075 Notice of Violation 24,050 Notice of Violation 67,800 Notice of Violation 3,000 -1 Notice of Violation Notice of Intent 18,370 176,400 18,370 Notice of Violation Notice of Intent 175,400 Notice of Violation Notice of Intent 4,000 12,500 4,000 12,5o0 Notice of Violation Notice of Intent Notice of Violation Notice of Intent 11,400 11,400 Notice of Violation Notice of Intent ---------------- 3,250 3,250 Notice of Violation — Notice of Intent 4,900 4,900 Notice of Violation - Notice of Intent 4,800 4,800 Notice of Violation - Notice of Intent This Notice of Violation / Notice of Intent to Enforce (NOVINOI) 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 60 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, Ash 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. .All i _ .i- 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 t.aserfiche h4oc�m.4