WQCS00005_NOV-2022-DV-0196_20220714

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 6166
Return Receipt Requested
Donald F Greeley, Director of Public Utilities
City of Durham
101 City Hall Plaza
Durham, NC 27701-3329
NORTH CAROLINA
Envtronmental Quality
July 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0196
Sanitary Sewer Overflows - June 2022
Collection System Permit No. WQCS00005
Durham Collection System
Durham County
Dear Mr. Greeley:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Durham. The Division's Raleigh Regional Office concludes that the City of Durham violated Permit Condition
I (2) of Permit No. WQCS00005 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 Durham an opportunity to provide evidence and justification as
to why the City of Durham 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
202200863 6/7/2022
70 314 Rondelay Dr, Pipe Failure (Break)
Durham, North Carolina,
27703
202200939 6/19/2022 304 27 Jenee Ln, Durham, Other
1,750 1,100 Notice of Violation -
Notice of Intent
83,600 83,600 Notice of Violation -
North Carolina, 27703 Notice of Intent
North Cnrollna Department of Env, mental Quaky Division of Water Resources
Raleigh Regional Offke 1 3800BanettDrive i Rak1g1 NorthCaarolna27609
919.791.4200

Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202200973 6/21/2022 859 1833 Camden Ave, Pipe Failure (Break), 2,850,000 2,850,000 Notice of Violation -
Durham, North Carolina, Severe Natural Notice of Intent
27704 Condition
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].
Sincerely,
,--,,,/,‘________
xo„,...._ r-
1a� Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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North Caroline Department of Environmental Quality I Division of water Resources
Rafelph ReRlanal0ffke 3800 Bartell D,Ive I RRielgh North Carolina 27609
919.79IA200