WQCS00013_NOV-2022-DV-0324_20221114

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 0577
Return Receipt Requested
Jamie Revels, Utilities Director
Town of Cary
PO Box 8005
Cary, NC 27512-8005
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NORTH CAROLINA
Environmental Quality
November 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0324
Sanitary Sewer Overflows - October 2022
Collection System Permit No. WQCS00013
Cary Collection System
Wake County
Dear Mr. Revels:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Cary. The Division's Raleigh Regional Office concludes that the Town of Cary violated Permit Condition I
(2) of Permit No. WQCS00013 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 Town of Cary an opportunity to provide evidence and justification as
to why the Town of Cary 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
202201639 10/27/2022 110 200 Block Gregory Debris in line 39,270 39,270 Notice of Violation -
Drive, Cary NC Notice of Intent
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.
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Nns�h Caro!Ina Ocyari,tent of rm I roil incnlaI Qual'.tY I plvlsiollot Ivaler Resources
Raleigh Regeu.aal Otrice 1POO Ba rett Dri.e I Raleigh. north Carolina 27609
919 NI 4200

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
North Carolina Department of Environmental Quality 1 Division of Waier Resouri cs
Raleigh Regional OfBce 3800 Barrett Drive Raleigh. ?forth Carolina 27604
919 7914200