Loading...
HomeMy WebLinkAboutWQCS00021_DV-2022-0140_20221206DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT Violator: City of Wilson Facility Name: Wilson Collection System Permit Number: WQCS00021 County: Wilson Case Number: DV-2022-0140 incident number: 202200828 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; 8,600 gallons of sewage flowed into Juniper Swamp, class C; Sw, NSW, in the Neuse River Basin due to pipe failure. Increased nutrients and pathogens to surface�rAA waters. Water quality standard violations.G,vt . � D1 S tly tr... . f ` 2) The duration and gravity of the violation; The SSO started 06.01.2022 at 02:30 pm and ended the same day at 07:00 pm. Water quality standard violations, increased nutrients and pathogens to surface waters. 3) The effect on ground or surface water quantity or quality or on air quality; Water quality standard violations, increased nutrients and pathogens to surface waters. 4) The cost of rectifying the damage; The cost of rectifying he damage is approximately $11,000. 5) The amount of money saved by noncompliance; It is believed that no money was saved by the noncompliance. 6) Whether the violation was committed willfully or intentionally; It does not appear that the violation was committed willfully or intentionally. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; There have been 3 enforcements within the past 12 months. 8) The cost to the State of the enforcement procedures. $36.57 2- _;2y .i,t.---------- Date Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ .a ItOY COOPER Governor ELIZABETH S. BISER secretory RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 5504 Return Receipt Requested Grant W Goings, City Manager City of Wilson PO Box 10 Wilson, NC 27894-0010 NORTH CAROLINA Environmental Quality December 06, 2022 SUBJECT: Notice of Violation and Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1) and Collection System Permit No. WQCS00021 City of Wilson Wilson Collection System Case No. DV-2022-0140 Wilson County Dear Mr. Goings: This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $536.57 ($500.00 civil penalty + $36.57 enforcement costs) against City of Wilson. This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Wilson. This review has shown the subject facility to be in violation of the requirements found in Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(1). The violation(s) that occurred are summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that City of Wilson violated the terms, conditions or requirements of Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(1) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). North Carolina Department of Environmental Quattty I Division of Water Resource, Raleigh Regional °Nice 3800 barren Drive ' Raleigh North Carolina 27609 919191.4200 Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against City of Wilson: $500.00 For 1 of the 2 violations of Collection System Permit No. WQCS00021 and G.S. 143-215.1(a)(1) for Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit. $500.00 TOTAL CIVIL PENALTY $36.57 Enforcement Costs $536.57 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B-282.1(b), which are: (1) (2) (3) (4) (5) (6) (7) (8) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; The duration and gravity of the violation; The effect on ground or surface water quantity or quality or on air quality; The cost of rectifying the damage; The amount of money saved by noncompliance; Whether the violation was committed willfully or intentionally; The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The cost to the State of the enforcement procedures. Within thirty (30) days of receipt of this notice, you must do one of the following: (1) Submit payment of the penalty, OR (2) Submit a written request for remission, OR (3) Submit a written request for an administrative hearing Option 1: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Attn: PERCS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2: Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirtyQ) days of receipt of this notice. The Division Qf Water Resources also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Attn: PERCS Branch Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AND Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ 1628 Mail Service Center, Raleigh Raleigh, NC 27699-1628 Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the filing process. The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows: 6714 Mail Service Center Raleigh, NC 27699 6714 Tel: (919) 431-3000 Fax: (919) 431-3100 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh Regional Office at (919) 791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ ATTACHMENTS ec: Kyle Manning, PE Laserfiche Case Number: DV-2022-0140 Assessed Party: City of Wilson Permit No.: WQCS00021 JUSTIFICATION FOR REMISSION REOUEST County: Wilson Amount Assessed: $536.57 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors apply. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (Le., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY COUNTY OF WILSON IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST City of Wilson Wilson Collection System PERMIT NO. WQCS00021 WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS CASE NO. DV-2022-0140 Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division of Water Resources dated December 06, 2022, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of , 20 SIGNATURE ADDRESS TELEPHONE ATTACHMENT A City of Wilson CASE NUMBER: DV-2022-0140 PERMIT NO: WQCS00021 FACILITY: Wilson Collection System Other Violations REGION: Raleigh COUNTY: Wilson INCIDENT VIOLATION TOTAL VOLUME PENALTY NUMBER DATE VIOLATION TYPE VIOLATION DESCRIPTION (GALLONS) AMOUNT 202200828 6/1/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 8,600 $500.00 202200871 6/8/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 750 $0.00 NORTH CAROLINA August 4, 2022 Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ RE: NOTICE OF VIOLATION Tracking No.: NOV 2022-DV-0200 Sanitary Sewer Overflows June 2022 Collection System Permit No. WQCS00021 Wilson Collection System Wilson County Mr. Vinson, NC Dept of Environmental Quality AUG 08 2022 Raleigh Regional Office On Wednesday June 1, 2022 at approximately 2:30PM the city became aware of a sanitary sewer overflow occurring at 3100 Stantonsburg Rd SE, Wilson, NC. The cause of the overflow was a damaged 20-inch forcemain connecting the Stantonsburg Pump Station to the City's wastewater treatment facility. The city immediately dispatched multiple crews including two flusher trucks and a construction team. Within 4.5 hours, the City had successfully completed a temporary patch of the forcemain and set up a temporary bypass from the pump station into a recently installed new 24-inch forcemain. Additionally, the City flushed the ditch adjacent to the overflow with potable water and removed the combined sewer and water downstream from the spill with flusher trucks until the ditch only contained clean water. The cost of the initial patch, temporary bypass, and cleanup was approximately $11,000. Over the following weekend (June 3, 4, and 5), the City installed a permanent bypass at a cost of $43,800 from the Stantonsburg Pump Station into the newly installed 24-inch forcemain. Thus, sewage will never enter the damage forcemain again. This permanently eliminated the potential for sanitary sewer overflows from the existing 20-inch forcemain. The new 24-inch forcemain was designed in 2020 (WQ0041431). The contract for construction was executed in June 2021 for approximately $1.3M. The new forcemain was originally planned to go into service once the Statonsburg Pump Station upgrade was completed in January of 2022. However, due to several delays in obtaining the necessary equipment due to COVID supply constraints, the current estimate for the pump station upgrade is a completion date of September 2022. The permanent bypass described above was set-up to remove all flow from the old 20-inch forcemain without having to wait for the pump station upgrade to be completed. OTT OF WILSON INCORPORATED 1819 CflY ENGLNEER P.i: sox 7 D 1990 ERI47k, AVENUE j WILSON NL RTH CAROUNA 27194001.0 I TELEPHONE 252 389.2135 I FACSIMILE 252 389.2453 EOM OPPORTUNITY EMPLOYER An estimated total of 8,600 gallons spilled of which all entered the adjacent ditch. Please call me at (252) 296-3416 if you have any further questions. Sincerely, Kyle F. Manning, PE Civil Engineer cc: Grant W. Goings City Manager W. T. Bass IV, PE - Public Works Director Noah Parsons - Water Infrastructure Division Manager Aaron Bailey - Collection System ORC DWR Division of Water Resources State of North Carolina Department of Environment and Natural Resources Division of Water Resources Collection System Sanitary Sewer Overflow Reporting Form Form CS-SSO PART I: This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the sanitary sewer overflow (SSO). Permit Number: WQCS00021 (WQCS# if active, otherwise use WQCSD#) Facility: Wilson Collection System Incident #: 202200828 Owner: City of Wilson City: Wilson County: Wilson Region: Raleigh Source of SSO (check applicable): El Sanitary Sewer ❑ Pump Station / Lift Station SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6, Manhole at Westall & Bragg Street, etc): 3100 Stantonsburg Rd SE, Wilson, North Carolina, 27893 Manhole #: 2351 Latitude (Decimal Degrees): Longitude (Decimal Degrees): Incident Started Dt: 06/01/2022 Time: 2:30 pm Incident End Dt: 06/01/2022 Time: 07:00 pm (mm-dd-yyyy) (hh:mm AM/PM) (mm-dd-yyyy) (hh:mm AM/PM) Estimated Volume of the SSO: 8,600 gallons Estimated Duration (Round to nearest hour): 4:30 hours Describe how the volume was determined: Ditch was triangular and approximately 2,750 feet long from spill location to berm. Weather conditions during the SSO event: clear sky, sunny Did SSO reach surface waters? El Yes ❑ No ❑ Unknown Surface water name: Juniper Swamp Volume reaching surface waters (gals): 8600 Did the SSO result in a fish kill? ❑ Yes El No ❑ Unknown If Yes, what is the estimated number of fish killed? SPECIFIC cause(s) of the SSO: El Other (Please explai El Pipe Failure (Break) 24 hour verbal notification (name of person contacted ): Colleen Cohn DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 06/02/2022 Time (hh:mm AM/PM): 09:57:00 am If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped. Per G.S. 143-215.1 C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface waters, a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30 days. Refer to the reference statute for further detail. The Director, Division of Water Resources, may take enforcement action for SSOs that are reauired to be reported to Division unless it is demonstrated that: 1) the discharge was cause by sever natural conditions and there were no feasible altemative to the discharge; or 2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control. Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM CS-SSO Form Page: 1 PART II: ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART 1 OF THIS FORM AND INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I (In the check boxes below, NA = Not Applicable and NE = Not Evaluated) A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS Other (Please explain in Part II) Describe: 20 inch force main blew out Were adequate equipment and resources available to fix the problem? 17 Yes ❑ No ❑ NA D NE If Yes, explain: Equipment materials and personnel were available to respond to incident If the problem could not be immediately repaired, what actions were taken to lessen the impact of the SSO? Force main was bypassed during repairs Comments: New 24 inch force main is being tied in to take place of 20 inch ductile iron force main Pipe Failure (Breakl Pipe size (inches) 20 Inch What is the pipe material? ductile Iron What is the approximate age of line/pipe? (years old) 48vrs Is this a gravity line? E' Yes J} No ❑ NA NE Is this a force main line? 17 Yes E No ❑ NA 12 NE Is the line a "High Priority" line? FT Yes 17 No E NA D NE Last inspection date and findings NA If a force main then, Was the break on the force main veritical? Was the break on the force main horizantal? Yes 17 No 12 NA [] NE [ Yes 17 No DNA E NE CS-SSO Form Page: 2 Was the leak at the joint due to gasket failure? D Yes 12 No C NA D NE Was the leak at the joint due to split bell? El Yes [i No [] NA E NE When was the last inspection or test of the nearest air -release valve to determine of operable? unknown When was the last maintenace of the air release performed? unknown If gravity sewer then, Does the line receive flow from a force main immediately upstream of the failed secti. E Yes D No j NA D NE of pipe? If yes, what measures are taken to control the hydrogen sulfide production? When was the line last inspected or videoed? If line collapsed, what is the condition of the line up and down stream of the failure? What type of repair was made? New force main is installed and was tied in to take place of old 20 inch force main Is the repair temporary or permanent? permanent If temporary, when is the permanent repair planned? work was completed on June 6 2022 Have there been other failures of this line in the past five years? 17 Yes EI No [ NA ❑ NE if so, then describe Force main has had other leaks that have been repaired 880 feet was replaced with 20 inch pvc pipe System Visitation ORC ❑ Yes Backup WI Yes Name: Fabian Padilla Cert# 1005509 Date visited: 06/01/2022 CS-SSO Form Page: 3 Time visited: 02:50pm How was the SSO remediated (i.e. Stopped and cleaned up)? New 24 inch force main is now online permanently and old 20 " ductile force main is no longer in use Sewer spill was vacuumed with vac truck ditch was flushed with clean drinking water and vacuumed up As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the best of my knowledge. Person submitting claim: Date: Signature: Title: Telephone Number: Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of 1 knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th form is completed, if used). CS-SSO Form Page: 4 Permit Enforcement History Details by Owner City of Wilson C 0 0 Region : Raleigh m N O 0 0 a • E x4d 8 m • m A � m 0 I -a Co o Ea o 21- 0 • 0 3 • E O < c O 0 C co 2 m E w [k a ✓ • -a f arm w zx O .67 LU • K c C O 0 w C)X ft • CC CC • • 4 w Os co E co 0 01 E .Q 0 C O w0 a O m d C d 9 117 N Q E Qa. O . re 2 E co c u z O 0 z 0 0 99 0 0, to 10/2/20 $500.00 DV-2020-011( N N CD 0 z 0 O 0 5117/21 $250.00 DV-2021-007! CV M 0 z 0 0 0 v3 2/16/22 $500.00 DV-2022-000' N CD 6. 0 z ti u) 0 iA 0 0 0 d4 0 0 N N (NA 6/14/22 $250.00 DV-2022-006c Total Balance Due : $161.57 Sum Of Total Paid:$1,358.15 Total Enforcement Cost: $144.72 Total Penalty Amount: $1,500 Total Penalties After Remissions : $1,519.72 Sum of Total Case Penalties: $1,644.72 ' Related Permits Details 1 CS Details Details 2 Comments ' History Inspections Billing CiassJDesig. Incidents Events Enforcements Violations Reg. Activities Affiliations Permit: Permit Type: Permit Classification: Program Category: Fadlity: Owner. Issued: Effective: Expire: SOC: Last Updated By: r X S00021 Version: 3.0 Status: 'Expired Collection system management and operation 'Individual Non -discharge Primary Related Permit: Ison Collection System �etaiis.._ 7 Oily of Wilson Details... 01/3012014 08/0112014 07131/2022 — Dates — Orig Issued: Statutory Inactive: Details... 0811412001 03116/2014 bimsprodcron Admin Region: Raleigh County Flson Projed Type: ❑r Major Permit ❑ Has Subsurface Drains Renewal , 0 New Farm 0 Existing Farm Ira Farm 1 ❑ Innovative Avail. Acres ❑ Rainbreaker Device ❑ OIC Present Last Updated On: i1/2022 1:12 AM ROY COOPER Governor EUZABETH Sr RISER Mary RICHARD E. ROGERS, JR. Director Certified Nail # 7020 3160 0000 4109 6203 Grant W Goings, City Manager City of Wilson P 0 Box 10 Wilson, NC 27894-0010 NORTH ErwironatostalQ' July 14, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0200 Sanitary Sewer Overflows - June 2022 Collection System Permit No. WQCS00021 Wilson Collection System Wilson County Dear Mr. Goings: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by aty of Wilson. The Division's Raleigh Regional Office concludes that the City of Wilson violated Permit Condition I (2) of Permit No. WQCS00021 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 Wilson an opportunity to provide evidence and justification as to why the City of Wilson should not be assessed a dvil penalty for the violation(s) that are summarized below: Total Vol Total Surface Inddent Start Duration Vol Water Number Date (Mina) Location Cause (Gals) (Gals) DWR Action 202200828 6/1/2022 270 3100 Stantonsburg Rd Other, Pipe Failure 8,600 8,600 Notice of Violation - SE, Wlison, North (Break) Notice of Intent Carolina, 27893 202200871 6/8/2022 30 3351 NC Highway 42 Pipe Failure (Break) 750 300 Notice of Violation W, Wilson, North Carolina, 27893 Merthararrap eiss rOfErMMfMMnarlai.rlr 1 oMYMn.lWYvrR.w.m libleblalloralOMot I ,eooiuratlhh. 4 ni1/►NartbartaiVe01 'his Notice of Violation / Notice of intent to Enforce (NOV/NOI) is being Issued for the noted violation. Pursuant o G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed tgainst any person who violates or falls to act in accordance with the terms, conditions, or requirements of any term* issued pursuant to G.S. 143-215.1. rhis office requests that you respond to this Notice, in writing, within 10 business days of its +eaeipt. In your response, you should address the causes of non-compliance, remedial actions, and all other ictions taken to prevent the recurrence of similar situations. The response to this correspondence will be :onsidered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface eaters, duration and gravity, impacts to public health, fish kills or recreational area dosures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of ectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. :f you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in he Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov. Sincerely, Ile Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ :c: Raleigh Regional Office - WQS File Laserfiche NordiCsralhoDiprigastacambmwehlemily 1 US.wawo,...s...ure.. ..leit.l.p.eromo. 13400.o...aan.. I r. uooenc.oairerrGa Kc?L•lPrFFn.) s Cr:H*4Items 1,2.arid 3. • Print ydur name and address an the reverse so we can return the card to you. • this card to the beck of the malrpiece, or en the front if space permits. 1. kids Addi ss.d to Grant W Golrrp. CItY WV Clty Or Wilson PO Boa 10 Wilson. NC VOA-0010 WO; NOV/Intent to Issue Civ Pen/NOv202241v-0700/CS Permit awQCS00021/Sewer04 tf01146/22M+Ikon Collection System/WILSON Mc 70203160000041096203 M:7110/2021 1111111111111111111 I 11111111111 111111111 1I 9590 9402 3415 7227 6608 23 D.!sMaly address Meant ps'air . 1 if YES, aster debsry address below 3. 8sMos 0.4* 0 Rwidoted Odom 0 wlwwyOi0M1`� 0 0 No oReghtured Meru a=Ned tied Reeked .. :rI.;�., r,M....: I.....n..... a. !swum 0•0/14,0.6 u.ti..n • 0 Woolen Meaty AnMctsu owwr Contkmelonvill 0 tor saga o Mse 0 S gnebir.Omdimra0an 7020 3160 0000 4109 6203 teed hem ykietederjOraley Neelaoted Palmy Domestic Rana Receipt Ps Form 3811, July 2015 PeN 7530-02-000.9C63 7