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HomeMy WebLinkAboutWQCS00002_NOV-2022-DV-0199_20220714ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4109 6197 Return Receipt Requested Whit Wheeler, Assistant Director of Public Utilities City of Raleigh PO Box 590 Raleigh, NC 27602-0590 NORTH CAROLINA Environmental Quality July 14, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0199 Sanitary Sewer Overflows - June 2022 Collection System Permit No. WQCS00002 Raleigh Collection System Wake County Dear Mr. Wheeler: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Raleigh. The Division's Raleigh Regional Office concludes that the City of Raleigh violated Permit Condition I (2) of Permit No. WQCS00002 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 Raleigh an opportunity to provide evidence and justification as to why the City of Raleigh 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 202200993 6/25/2022 174 12408 Village Pines Ln, Debris in line, Grease 34,800 31,400 Notice of Violation - Raleigh, North Carolina, Notice of Intent 27614 202200994 6/26/2022 127 6600 Glenwood Ave. Grease 1,905 0 Notice of Violation North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive I Raleigh.North Carolina 27609 919.7914200 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202200996 6/27/2022 205 2214-2598 Garner Pump station 12,300 8,800 Notice of Violation - Station Blvd, Raleigh, equipment failure Notice of Intent North Carolina, 27603 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. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laserfiche North Carolina Department off rmr,nhilQuality Division of Weer Resources Raleigh Regional office 3800 Barrett 0rtre Raleigh, North earotna 27609 919.7914300