WQCS00002_NOV-2021-DV-0318_20210709

ROY COOPER
ELIZABETH S. RISER
,5.r rr•A;n
S. DANIEL. SN1I11-1
Certified Mail # 7020 3160 0000 2219 2580
Return Receipt Requested
July 09, 2021
Robert Massengill, Dir Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0318
Sanitary Sewer Overflows - June 2021
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake County
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day
Report/s submitted by City of Raleigh. The Division's Raleigh Regional Office concludes that
the City of Raleigh violated Permit Condition I (2) of Permit No. WQCS00002 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 Raleigh an opportunity to provide
evidence and justification as to why the City of Raleigh 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
202101463 6/28/2021 394 0 Harris Road Grease 7,880 7,880 Notice of Violation
Notice of Intent
202101469 6/29/2021 118 6601 Times Drive Grease 2,800 2,800 Notice of Violation
Notice of Intent
\'rtrth Coroltn,,, Dcpai mien', of r.rr:irnnnt:ittal Quality ! t)ivisk,n ul LVater kesnurcc;
R<rleieih Regign,d o r co :Roo BarreI1 Drive Raleigh. North Carolina 27611t1
't1(1.7'ti..11O0

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,
A2 Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
ritE North Carolina Depar mien'of Environmental Quality ! Division of Water Resources
Raleigh Regional ()trice • 380() Barrett Drive I Raleigh. North Carolina 2/609
; � �rkst 1f 9lg.791.4200