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Home My WebLink AboutWQCS00025_NOI_NOV2022DV0367_20221214ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0002 0860 8195 Return Receipt Reauested John N. Ogburn, III City of Asheboro P.O. Box 1106 Asheboro, NC 27204-1106 NORTH CAROLINA Environmental Quality December 14th, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0367 Sanitary Sewer Overflows - November 2022 Collection System Permit No. WQCS00025 Asheboro Collection System Randolph County Dear Mr. Ogburn: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Asheboro. The Division's Winston-Salem Regional Office concludes that the City of Asheboro violated Permit Condition I (2) of Permit No. WQCS00025 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 Winston-Salem Regional Office is providing the City of Asheboro an opportunity to provide evidence and justification as to why the City of Asheboro 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 202201684 11/11/2022 45 1831 N Fayetteville St, Grease 1,125 1,125 Notice of Violation Asheboro, NC, 27203 202201691 11/12/2022 103 343 NC HWY 42 N Grease, Roots 3,200 3,200 Notice of Intent 202201695 11/10/2022 36 236 Hughes Street Roots 720 720 Notice of Violation North Carolina Department of Environmental Quality i Division of Water Resources Winston-5alem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 336.776.9500 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 Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.gov. Sincerely, DocuSiTG gned by: %w. l . cJn,l tr 1451349E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 336 .776.9600