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HomeMy WebLinkAboutWQCSD0298_NOV-2021-DV-0420_20211005ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 2219 3075 Return Receipt Requested_ Federal Bureau of Prisons Attention Michael Klattenberg, Safety Department Butner, NC 27509 NORTH CAROLINA Environmental Quality October 05, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0420 Sanitary Sewer Overflows - August 2021 Collection System Permit No. WQCSD0298 Federal Bureau of Prisons -Butner Granville County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report's submitted by Federal Bureau of Prisons. The Division's Raleigh Regional Office concludes that the Federal Bureau of Prisons violated Permit Condition I (2) of Permit No. WQCSD0298 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 Federal Bureau of Prisons an opportunity to provide evidence and justification as to why the Federal Bureau of Prisons should not be assessed a civil penalty for the violation that is summarized below: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202101702 8/6/2021 South side of Hwy 75 Other 15,000 5,000 Notice of Violation North Carolina Department of Environmental Quality DWlskn M Water Resources Raleigh Regional OHke 1360o Barrett (Mee Raleigh, North Carolina 27609 919.7914200 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. Cc: Raleigh Regional Office - WQS File Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North CaroAn. Department of Environmental Quality I Division of Water Resources Raleigh Regional Office • 3800 Barrett Drive : Raleigh. North Carolina 27609 919,7914200