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HomeMy WebLinkAboutWQCS00056_NOV-2021-DV-0428_20211007ROY COOPER Governor EUZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 3160 0000 2219 3129 Return Receipt Requested Roy Lynch, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 NORTH CAROLINA Environmental Quality October 07, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0428 Sanitary Sewer Overflows - August 2021 Collection System Permit No. WQCS00056 Siler City Collection System Chatham County Dear Mr. Lynch: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by Town of Siler City. The Division's Raleigh Regional Office concludes that the Town of Siler City violated Permit Condition I (2) of Permit No. WQCS00056 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 Town of Siler City an opportunity to provide evidence and justification as to why the Town of Siler City 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 202101758 8/15/2021 885 1411 North Avenue, Other 750 750 Notice of Violation North Street Pump Station 202101841 8/24/2021 4,357 200 Chatham Square, Grease Siler City - Manhole behind shopping mall ,...11.E.9z) 21,600 21,600 Notice of Violation - Notice of Intent Nam Carolina Department „DEnvironmental Quality I Division of water Re+aarcea Raleigh Regional Office 13800 Barrett Drive Raleigh Norm Carona 27609 919.791.4200 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. l' Cc: Raleigh Regional Office - WQS File Laserfiche Sincerely, 74,z,4-J4- 1#(,..,_.. Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office . 3800 Barrett Drive Raleigh North Carolna 27609 919.79U200