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HomeMy WebLinkAboutWQCS00011_NOV-2021-DV-0179_20210323ROY COOPER Cfn error DIONNE DELLI-•GATTI Secretory S. DANIEL SMITH bircctnr SiAr( y r 3r- i .,�fwT rM �'p• NORTH CAROLINA Environmental Quality Certified Mail # 7017 2680 0000 2219 4780 Return Receipt Requested March 23, 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-0179 Sanitary Sewer Overflows - February 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 202100467 2/13/2021 3,750 Riverside Dr. Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action Inflow and 150,000 150,000 Notice of Violation - Infiltration, Severe Natural Condition Notice of Intent North Caroltn;, priori mrnl r.1 Environmental Qua.IIy plcia:ono( Wa,er RtVnurtt Raleigh Rtglo,ul office : 3taW° Barrett Drive Rate*, North Carolina 2i6O4 40 741.42oo Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202100499 2/15/2021 2,430 Olive Street Severe Natural Condition 63,000 63,000 Notice of Violation - Notice of Intent 202100613 2/16/2021 4,775 Scott St. Severe Natural Condition 124,200 124,200 Notice of Violation - Notice of Intent 202100614 2/16/2021 1,475 Wake St Inflow and Infiltration, Severe Natural Condition 29,400 29,400 Notice of Violation - Notice of Intent 202100615 2/16/2021 Olive St Inflow and Infiltration, Severe Natural Condition undetermined undetermined Notice of Violation - Notice of Intent 202100617 2/16/2021 705 Old Mill Rd Inflow and Infiltration, Severe Natural Condition 13,500 13,500 Notice of Violation - Notice of intent 202100726 2/19/2021 1,856 Old Mill Road Severe Natural Condition 37,200 37,200 Notice of Violation - Notice of Intent 202100737 2/19/2021 362 Tyan St Severe Natural 3,600 3,600 Notice of Violation - Condition Notice of Intent 202100739 2/19/2021 350 Branch St Severe Natural Condition 10,400 undetermined Notice of Violation - Notice of Intent 202100951 2/27/2021 465 Riverside Dr Severe Natural 27,900 27,900 Notice of Violation - Condition 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 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. DECK North Ca roltna Department of Environmental Quality 1 fllriy:on of Waicr Rf Y1NtrCCS Rairigh Reglon.410 flee I JbOQ Rouen ITrLye Raleigh. North Carolina 2760o oio 7o1 4200 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, int Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche North CaralinaD partmrnt411EnvironmentalQua!ily 1 hltls!nnofMier Rri'urcrs Raleigh Regional utrlre 1 4h00 Barrett Doer Raleigh. North Caro:Ira 271109 qiu 7'tI4200