WQCSD0682_NOV-2022-DV-0024_20220124

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7020 3160 0000 41,09 5015
Return Receipt Requested
Iris Ramos, Community Manager
Ashton Apartments
8224 Green Lantern Street
Raleigh, NC 27613
NORTH CAROLINA
Envi onmental Quality
January 24, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0024
Sanitary Sewer Overflows - December 2021
Collection System Permit No. WQCSD0682
The Ashton Apartments
Wake County
Dear Ms. Ramos:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Ashton Apartments. The Division's Raleigh Regional Office concludes that the Ashton Apartments violated
Permit Condition I (2) of Permit No. WQCSD0682 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 Ashton Apartments an opportunity to provide evidence and
justification as to why Ashton Apartments should not be assessed a civil penalty for the violation(s) that are
summarized below:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202102216 12/2/2021
8224 Green Lantern St Pump station
- The Ashton equipment failure
Apartments
unknown unknown Notice of Violation -
Notice of Intent
North Carolina Department of Embronmentall Quality 1 DNrltlon of Water Resources
Raleigh kepionsl Office 1 9800 Barrett Drt.e Raleigh North Groins 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 [e-mail].
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 Carolina Depanment of Environmental Quality I Division of Water Recourses
Raleigh Regional Office 38008arrettDrive 1 Raleigh North Carolina 27609
919.791.1200