WQCS00005_NOV and Intent to Assess_2020-DV-0406_20200914

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Environmental Quality
CERTIFIED MAIL: 7017 0190 0000 9569 1 0
RETURN RECEIPT -REQUESTED
September 14, 2020
Donald F Greeley, Director of Water Management
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-0406
Sanitary Sewer Overflows - August 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 Reports 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 violations that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mips) Location Cause (Gals
) ) (Gals) DWR Action
202002325 8/11/2020
82 135 latter Road
Debris in line, Grease 820 820 Notice of Violation
202002499 8/27/2020 43 Stadium Debris in line
Drive/Woodgreen Drive
202002S00 8/27/2020
240 2806 Snowhill Road
645
645
Notice of Violation
Pipe Failure (Break) 6,000 6,000 Notice of Violation —
Notice of Intent

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 1.0 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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