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HomeMy WebLinkAboutWQCS00021_NOV-2021-DV-0180_20210323ROY COOPER Grnrrnor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Di; ector NORTH CAROLINA Environmental Quality Certified Mail # 7017 2680 0000 2219 4797 Return Receipt Renuested March 23, 2021 Grant W Goings, City Manager City of Wilson PO Box 10 Wilson, NC 27894-0010 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0180 Sanitary Sewer Overflows - February 2021 Collection System Permit No. WQCS00021 Wilson Collection System Wilson County Dear Mr. Goings: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Wilson. The Division's Raleigh Regional Office concludes that the City of Wilson violated Permit Condition I (2) of Permit No. WQCS00021 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 Wilson an opportunity to provide evidence and justification as to why the City of Wilson should not be assessed a civil penalty for the violation that is summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202100713 2/19/2021 450 1300 Block of Canal St Severe Natural 5,500 5,500 Notice of Violation - Condition Notice of Intent North Cnml:na pe;)a! [meal of EnvEronme:ua) Qua!lty 0&Is:nn of wrier Rneuren RaleirhRegional Office lh00Barrett Drive Raleigh, North Carolina27o0,l g141µ) 4200 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 ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, 5'n/A4AA----e Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche D_EC)$), Nor C,ro na fhlsarlmrrtt of Esnironnuntol Quality Di%Ihlon of Water Arwuurces Raleigh Arglonal Off ice ' 7h00 Barrett Dove Raleigh North Carolina 2160q 410 701.4 DO