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HomeMy WebLinkAboutWQCS00057_NOI2021DV0037_20210125ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality CERTIFIED MAIL: 7018 1130 0000 1608 0268 RETURN RECEIPT REQUESTED January 25, 2021 Michael Brandt, City Manager City of Thomasville PO Box 368 Thomasville, NC 27361-0368 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0037 Sanitary Sewer Overflows - October 2020 Collection System Permit No. WQCS00057 Thomasville Collection System Davidson 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 Thomasville. The Division's Winston-Salem Regional Office concludes that the City of Thomasville violated Permit Condition I (2) of Permit No. WQCS00057 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 Thomasville an opportunity to provide evidence and justification as to why the City of Thomasville 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 202002782 10/11/2020 720 1002 W. Cooksey Drive Inflow and 14,400 14,400 Notice of Intent Infiltration, Pipe Failure (Break), Severe Natural Condition North Caromna Department of Environments: Qvairty I Diusion of Water Resources Winston-So*m Reponol Office 1 450 West Hones Mal Road, Suite 30D I Wmston-Se*m, Norte+ Corot, no 271G5 336-776-98DO Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202002870 10/29/2020 420 North Side Pump Inflow and 8,400 8,000 Notice of Violation Station 1002 West Infiltration, Pipe Cooksey Dr Failure (Break), Severe Natural 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 Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.Qov. cc: Laserfiche Sincerely, EDocuSigned by: LUn. -T Sn.IGfl' -4'B49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Caro;,na Department of Environments: Qua irty I Diusion of Water Resources Winston-So*m Re&*rwi Office 1 450 West Hones Mal Road, Suite 30D I Wmston-U)em, North Corot, no 271G5 336-776-96DO