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HomeMy WebLinkAboutWQCS00002_NOV-2022-DV-0273_20220916ROY COOPER Governor ELIZABETH S. BISER. Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4109 0270 Return Receipt Requested Whit Wheeler, Assistant Director City of Raleigh PO Box 590 Raleigh, NC 27602-0590 NORTH CAROLINA Environmental Quality September 16, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0273 Sanitary Sewer Overflows - August 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 202201249 8/4/2022 105 5500 Crossfield Dr, Roots Raleigh, NC, 27613 1,575 975 Notice of Violation 202201270 8/8/2022 128 3101 Compatible Way, Other 3,200 3,000 Notice of Violation - Raleigh, NC, 27603 Notice of Intent 202201271 8/9/2022 63 4609 oak Park Road Grease 3,150 2,850 Notice of Violation — Notice of Intent tily\95 North Carotins Deportment of Environmental isllty I Dhision of water Resources Raleigh Regional Office 1 3800 Swett Drive • Rdelgh North Carolina 27609 919.7914200 Incident Start Number Date Duration (Mins) Location Cause 202201326 8/20/2022 96 3809 3809 Mid Lakes Dr, Raleigh, NC, 27612 202201373 8/30/2022 371 6498 Ray Road Grease Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 1,920 920 Notice of Violation Pipe Failure (Break) 371 371 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 Nord, Carcase Department of EnMronnentaI Quality 1 Division of Water Resources Raleigh Regional Office 1 MOO garrets Drfie I Raleigh, North Carolina 27609 919.79[A200