WQCS00025_NOV-2022-DV-0030 NOI_20220202

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7019 1120 0001 5504 7506
Return Receipt Requested
John N Ogburn, III
City of Asheboro
PO Box 1106
Asheboro, NC 27204-1106
NORTH CAROLINA
Environmental Quality
February 02, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0030
Sanitary Sewer Overflows - November 2021
Collection System Permit No. WQCS00025
Asheboro Collection System
Randolph County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Asheboro. The Division's Winston-Salem Regional Office concludes that the City of Asheboro violated
Permit Condition I (2) of Permit No. WQCS00025 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 Winston-Salem Regional Office is providing the City of Asheboro an opportunity to provide evidence and
justification as to why the City of Asheboro 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
202102153 11/10/2021 285 747 Lake Drive Pipe Failure (Break) 2,100 2,100 Notice of Violation
202102154 11/11/2021 235 749 Lake Drive Pipe Failure (Break) 1,580 1,580 Notice of Violation
202102199 11/29/2021 103 427 Highland Ct Debris in line
2,575 2,000 Notice of Intent
D_EQ )
North Carolina Department of Environmental Quality i Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road. Suite 300 I Winston-Salem. North Carolina 27105
336.776.9800

Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202102200 11/29/2021 123 730 Industrial Park Drive Grease 1,230 0 Notice of Violation
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 Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
cc: Laserfiche
LD_E
Sincerely,
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Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmenta[ Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road. Suite 300 I inston-Salem. North Carolina 27105
336 .776.9600