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HomeMy WebLinkAboutWQCS00002_NOV-2022-DV-0236_20220818ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4109 0089 Return Receipt Requested Whit Wheeler, Assistant Director City of Raleigh PO Box 590 Raleigh, NC 27602-0590 NORTH CAROLINA Environmental Quality August 18, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0236 Sanitary Sewer Overflows - July 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 violations that are summarized below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202201041 7/4/2022 120 7703 Oak Marsh Dr, Pipe Failure (Break) 1,600 undetermined Notice of Violation Raleigh, NC, 27616 202201195 7/26/2022 214 6321 Winter Spring Dr, Pipe Failure (Break) 3,600 3,600 Notice of Violation - Wake Forest, NC, Notice of Intent 27587 202201201 7/27/2022 132 US-70-BR E, Garner, NC, Other 4,800 undetermined Notice of Violation - 27529 Norm Ceram Department of En* nenti sty I Dlrtalon of water Resources Adolph Regional Office 13Z700 Barrett Drtre I Raleigh North Camino 27609 919.791A200 Notice of Intent Incident Start Duration Number Date (Mins) Location 202201208 7/28/2022 Cause 503 1600-1654 Major Slade Pipe Failure (Break) Rd, Knightdale, NC, 27545 Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 4,000 1,000 Notice of Violation 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, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Deprtment d Emlmunental0hahty I Million d water Resources Raleigh Regional Office ; MOO Barrett Drive i Raleigh North Carolina 27609 919.791.4200