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HomeMy WebLinkAboutWQCS00079_NOV-2022-DV-0202 NOI_20220718ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 1810 0002 1109 1759 Return Receipt Requested Chris Medlin City of Clinton PO Box 199 Clinton, NC 28328-0199 NORTH CAROLINA Environmental Quality July 18, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0202 Sanitary Sewer Overflows - June 2022 Collection System Permit No. WQCS00079 Clinton Collection System Sampson County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Clinton. The Division's Fayetteville Regional Office concludes that the City of Clinton violated Permit Condition I (2) of Permit No. WQCS00079 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 Fayetteville Regional Office is providing the City of Clinton an opportunity to provide evidence and justification as to why the City of Clinton 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 202200998 6/28/2022 105 221 Dogwood Cir, Pipe Failure (Break) 4,600 4,600 Notice of Violation Clinton, North Carolina, 28328 North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street. Suite 714 I Fayetteville, North Carolina 28301 910.433.330E 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 Chad Turlington with the Water Quality Section in the Fayetteville Regional Office at 910-433-3300 or via email at chad.turlington@ncdenr.gov. Cc: Fayetteville Regional Office - CT LD_E ..o.�.m nr�.vo�muiowu� Sincerely, DocuSignedd by: Q •� v"Qb -5189C2D3DD5C42B... 3. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources FayetteviEle Regional Office 1225 Green Street. Suite 714 I Fayetteville, North Caroiirta 28301 910.433.3300