WQCS00011_NOV-2021-DV-0127_20210217

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MICHAEL S. REGAN
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S. DANIEL SMITH NORTH CAROLINA
Dirrrrnr Environmental Quality
CERTIFIED MAIL: 7017 2680 0000 2219 5978
RETURN RECEIPT REQUESTED
February 17, 2021
Rochelle D Small -Toney
City of Rocky Mount
331 S Franklin St
Rocky Mount, NC 27802
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0127
Sanitary Sewer Overflows - January 2021
Collection System Permit No. WQCS00011
Rocky Mount Collection System
Edgecombe County
Dear Ms. Small -Toney:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Rocky Mount. The Division's Raleigh Regional Office concludes that the City of Rocky Mount violated Permit
Condition I (2) of Permit No. WQCS00011 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 Rocky Mount an opportunity to provide evidence and
justification as to why the City of Rocky Mount should not be assessed a civil penalty for the violations that are
summarized below:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202100040 1/1/2021 6,000 Riverside Dr.
Severe Natural
Condition
unknown 240,000 Notice of Violation -
Notice of Intent
202100360 1/31/2021 1,680 Riverside Dr. Inflow and 36,900 36,900 Notice of Violation -
Infiltration, Severe
Natural Condition
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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