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
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warth Cardhra Deportment of Le Quality I Division of Water Resources
Raleigh Reglonat Office 13800 Barrett Drive I RNegh North Caroltna 27609
919.79U200