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HomeMy WebLinkAboutWQCS00013_NOV-2022-DV-0069_20220314ROY COOPER Governor EUZABETH S. BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality Certified Mail # 7020 3160 0000 4109 5404 Return Receipt Requested March 14, 2022 Jamie Revels, Director of Public Utilities Town of Cary PO Box 8005 Cary, NC 27512-8005 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0069 Sanitary Sewer Overflows - February 2022 Collection System Permit No. WQCS00013 Cary Collection System Wake County Dear Mr. Revels: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Cary. The Division's Raleigh Regional Office concludes that the Town of Cary violated Permit Condition I (2) of Permit No. WQCS00013 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 Cary an opportunity to provide evidence and justification as to why the Town of Cary 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 202200217 2/12/2022 105 100-Block Greyfriars Ln Debris in line, Roots 4,665 3,565 Notice of Violation — Notice of Intent 202200228 2/16/2022 5 421 S West St, Cary Roots 440 440 Notice of Violation North Carolina Department of Fnrvtramental Quality • Division of Water Resources Raleigh Regional Office 1MOO Barrett Drive Raleigh. North Carollna27609 919.79IA200 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, LgAr,-*- Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ,11.E5?) warth Cardhra Deportment of Le Quality I Division of Water Resources Raleigh Reglonat Office 13800 Barrett Drive I RNegh North Caroltna 27609 919.79U200