The URL can be used to link to this page

Home My WebLink AboutWQCS00223_NOI2020DV0208_Response_20200520NC Depa true i Environmental U,u;.i'v ,/ Received JAN 0 7 2 21 INinston-�.: rn TOWN OF DENTON Regional Office May 22, 2020 North Carolina Department of Environmental Quality Division of Water Resources 450 West Hanes Mill Road Suite 300 Winston-Salem, NC 27105 RCB-20210115-Recommend CPA for both SSOs. Lon- NFA because of rain across region Subject: NOV-2020-DV-0208 NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0208 Sanitary Sewer Overflows — January 2020 Dear Mr. Boone: We are writing in response to your letter dated May 07, 2020 NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0208, and would like to provide justification as to why a civil penalty, of any amount, would hinder our ability to fund future repairs of collection system issues. The spill was caused by an excessive amount of rain and the 1/1 issue we have. The Town saw two inches of rain fall within four hours and this caused a surcharge of the system. Personnel were on site during the storm and accurately measured the loss of 26,000 gallons in down town and was able to wash down the area rapidly. As it was rain water there was minimal solids seen. The areas from both spills were cleaned and lime was spread in grassy areas to aid in disinfection of affected areas. Our Town manager is currently seeking funding for our CIP for a CCTV study of the areas that we feel are causing us the most I/1 issue. We are anticipating this study to commence as early as July when funding is allocated. Once the study is completed, we will begin point repairs. With this said, any fines levied against the town would hinder the CCTV study by reducing the distance that can be analyzed. Our manager is also looking for grant programs made available to rural municipalities for large I/1 projects. 201 W. Salisbury Street P.O. Box 306 Denton, NC 27239 Phone: (336) 859-4231 Fax: (336) 859-3381 This institution is an equal opportunity provider and employer We sincerely appreciate your attention and consideration in this matter. Sincerely, Troy B. Branch Town of Denton Collection System ORC ROY COOPER Governor M[CHAEL 5. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA £nvifortmeritaf Quality CERTIFIED MAIL: 7018 1130 0000 1612 7642 RETURN RECEIPT REQUESTED May 07, 2020 Larry Ward Town of Denton PO Box 306 Denton, NC 27239 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0208 Sanitary Sewer Overflows - January 2020 Collection System Permit No. WQCS00223 Denton 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 Town of Denton. The Division's Winston-Salem Regional Office concludes that the Town of Denton violated Permit Condition I (2) of Permit No. WQCS00223 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 Town of Denton an opportunity to provide evidence and justification as to why the Town of Denton should not be assessed a civil penalty for the violation(s) that are summarized below: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202000172 1/24/2020 225 Council Access Road Inflow and Infiltration, Severe Natural Condition 32,000 32,000 Notice of Intent North Ca rosans Depa rtrnent of Environmental Quality I division of Water Resources Winston-Salem Reg°nal Office 1450 West }Eanes M 11 Road, Swte 300 I Winston-Salem, North Carotna 27105 336-776-9300 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202000188 1/24/2020 300 N Main Street Inflow and Infiltration, Severe Natural Condition 26,000 26,000 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 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, 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.gov. cc: Laserfiche Sincerely, LDocuSigned by: L-o, l 5n.rJft' 145B49E225C94EA. Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Ca rams Department of Environmental Quality I division of Water Resources Winston-Salem Regional Office 1450 West }Eafies he 11 Road, Site 300 I Winston-Salem, North Coatna 27105 336-776-9300 nj -0 i�- ti 1-9 r-9 a a m a r m O 1`- U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Water Quality Certified Mail Fee $ ►xtra Services & Fees (check box, add fee as appropriate) ❑ Retum Receipt (hardcopy) $ ❑ Retum Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ [] Adult Signature Required $ r] Adult Signature Restricted Delivery $ Postage $ Total $ Larry Ward Sent Town of Denton Stree PO Box 306 City' Denton, NC 27239 PS F SENDER:'Cf)MPLETE THIS SECTION No J-ao-4o )3V Postmark Here ■ Completes 1, 2, and 3. • Print your hrlie and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: La?ry 'hlard Town of Denton PG Box 306 Denton, NC 27239 IIIIIIiIIIIIIIIIIIIIIUIIIIIIIIIII IIIIIIIIIII 2. Article Number (Transfer from service label) 7018 1130 0000 1612 7642 structions -_ _ - _ - = - COMPLETE THIS SECTION ON DELIVERY A. Signatere � c�/J ID Agent X `I' ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is dr . address differ If S, enter delivery addres 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted D fa Certified Mail® ❑ Certified Mail Restricted Deli ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) Yes No Express® stered Mail Restricted elivery ❑ Return Receipt for Merchandise (iS'Signature Confirmation*" 0 Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 i-:�� 2C Domestic Return Receipt