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HomeMy WebLinkAboutWQCS00003_NOI2021DV0137_20210223ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA EnWra►tmenta! Quality CERTIFIED MAIL: 7018 1130 0000 1608 0237 RETURN RECEIPT REQUESTED February 23, 2021 Courtney L Driver, Director of Utilities City of Winston-Salem PO Box 2511 Winston Salem, NC 27107-9998 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0137 Sanitary Sewer Overflows - November 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 (Mins) Location Cause (Gals) (Gals) DWR Action 202002903 11/3/2020 180 4264 Tise Avenue Pipe Failure (Break) 8,400 8,400 Notice of Intent 202003076 11/12/2020 40 2531 Buena Vista Road Inflow and 920 920 Notice of Intent Infiltration, Severe Natural Condition ©9 W North+Caroiine Departmentof Environmental Qualm I D vsori of Weter Resources Wmslon5 lem Regional Office 1450 West Hanes N ;: RoOdrSu,te 300 1 WnstonS&*Mr North CA -ions 27105 Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202003159 11/12/2020 55 2536 Ladeara Crest Inflow and 1,050 1,050 Notice of Intent Lane Infiltration, Severe Natural Condition 202003353 11/23/2020 300 114 cassell Street Pipe Failure (Break) 48,250 48,250 Notice of Intent 202003364 11/27/2020 17 200 Casell Street Other 689 689 Notice of Violation 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(a)ncdenr.gov. cc: Laserfiche Sincerely, EDocuSigned by: LUn. -T JM�ff' 145849E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Caroi4ne Department of Environmental Quality I D vs on of Water Resources Winston.Seiem Regional Office 1450 West Hanes V :! Ro*f,Su,te 300 1 WnstonSa*m, North Carol ns 27105 336776-SWO