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HomeMy WebLinkAboutWQCSD0755_NOV-2022-DV-0234_20221202ROY COOPER Governor EUZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 5474 Return Receipt Requested McDonald's Corporation PO Box 182571 Columbus OH 43218-2571 NORTH CAROLINA Environmental Quality December 2, 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, Wendell, NC Wake County Dear Madam or Sir: 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: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202201198 7/23/2022 McDonald's, Wendell, Grease unknown unknown Notice of Violation NC, 27591 North C o1k, orp.rtmlm oandra7mn t I Quallty DM ion of Water Resources WilethltegimilanmINWOMprimnGehm Rakgh. Korth C totha 27t09 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 ail 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. Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carotins Department of EnvIroomenW Quality Division of Water Resource' Raleigh Regional Office MOO Darren Drive Raleigh North Carolina 27609 919.791.4200