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HomeMy WebLinkAboutWQCS00021_NOV-2022-DV-0056_20220214ROY COOPER Governor EUZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 31.60 0000 4109 5251 'Return Receipt Requested Grant W Goings, City Manager City of Wilson P 0 Box 10 Wilson, NC 27894-0010 NORTH CAROLINA Environmental Quality February 14, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0056 Sanitary Sewer Overflows - January 2022 Collection System Permit No. WQCS00021 Wilson Collection System Wilson County Dear Mr. Goings: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Wilson. The Division's Raleigh Regional Office concludes that the City of Wilson violated Permit Condition I (2) of Permit No. WQCS00021 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 Wilson an opportunity to provide evidence and justification as to why the City of Wilson should not be assessed a civil penalty for the violation(s) that are summarized below: Incident Start Duration Number Date (Mins) Location 202200064 1/6/2022 10 Little swamp outfall 202200116 1/19/2022 360 Merc and Bloomery Swamp Outfall 202200124 1/20/2022 360 Merc and Bloomery Swamp Outfall Total Vol Total Surface Vol Water Cause (Gals) (Gals) DWR Action Severe Natural 300 300 Notice of Violation Condition Pipe Failure (Break) Pipe Failure (Break) 3,000 3,000 Notice of Violation - Notice of Intent 9,000 9,000 Notice of Violation - Notice of Intent North Coracle Department.f Environmental Quality Dlvhlae of wattr Resources Rakgh Reglanal Office 13600 Barrett Drive Rakiph North Caroline 27609 919.791.4200 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202200108 1/18/2022 30 2858 Tilghman Road Severe Natural Condition 215 50 Notice of Deficiency 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 Central Files, Water Quality Section Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental QIIMtty I DMslon of Water Resources RANO Regional Office i 3600 Barren Drhe ANN A North Carolina 27609 91929L4200