WQCSD0755_NOV-2022-DV-0234_20220818

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0065
Return Receipt Requested
Leo Van Buuren
Golden Arch Limited Partnership
11 South 12th Street
Richmond, Virginia 23219
NORTH CAROLINA
Environmental Quality
August 18, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0234
Sanitary Sewer Overflows - July 2022
Collection System Permit No. WQCSD0755
McDonald's - 2900 Wendell Blvd
Wake County
Dear Mr. Buuren:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Golden Arch Limited Partnership. The Division's Raleigh Regional Office concludes that the Golden Arch Limited
Partnership violated Permit Condition I (2) of Permit No. WQCSD0755 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 Golden Arch Limited Partnership an opportunity to provide evidence
and justification as to why the Golden Arch Limited Partnership should not be assessed a civil penalty for the
violation(s) that are summarized below:
Incident Start Duration
Number Date (Mins) Location
202201198 7/23/2022
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
McDonald's, Wendell, Grease undetermined undetermined Notice of Violation
NC, 27591
g...913
North Greta Department of Emkomental Quality I Division of Water Resources
Rakgh Regional Office I Ja00 barred Drive I Raleigh North Carolina 27609
919.791A200

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,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
NON, Carona Department of Environmental Qwnty I Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Rakich, North Caruhn 27609
919.791.4200