HomeMy WebLinkAboutWQCSD0289_NOI_NOV2022DV0361_20221214ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL # 7020 3160 0002 0860 8171
RETURN RECEIPT REQUESTED
December 14th, 2022
Town of Green Level
Attn: Barrett Brown, Town Manager
P.O. Box 974
Haw River, NC 27258-0974
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
DWR TRACKING #: NOV-2022-DV-0361
Sanitary Sewer Overflows - November 2022
Collection System Permit No. WQCSD0289
Town of Green Level Wastewater Collection System
Alamance County
Dear Mr. Barrett:
The NC Division of Water Resources (DWR), Winston-Salem Regional Office (WSRO), has reviewed the 5-day
reports that the Town of Green Level submitted for their November 2022 sanitary sewer overflows (SSO). As
a result of our review we have concluded that the Town of Green Level's reported November 2022 SSOs
violate permit condition 1(2) of permit WQCSD0289, by failing to effectively manage, maintain, and operate
the collection system so as to avert any and all SSO(s) to the land or surface waters of the state. Additionally,
such SSO(s) violate NC General Statute (NCGS) 143-215.1(a)(1), which prohibits making unpermitted
outlets to waters of the state.
By way of a written response to this letter, the WSRO is providing the Town of Green Level an opportunity to
provide evidence and justification as to why the Town of Green Level should not be assessed a civil penalty
for these SSO(s)/violation(s), which are summarized below:
Total Volume
Incident Duration
Start Date Location
Cause
Total Volume to Surface
DWR Action
Minutes
Number ( )
(Gallons) Waters
(Gallons)
Winston-
Other, Pipe
Notice of
202201741 11/28/2022 480 Salem, NC,
Failure
10,000 10,000 Intent
27105
(Break)
This Notice of Violation/Notice of Intent to Enforce (NOV/N01) is being issued for the violation(s) noted above.
Pursuant to NCGS 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00)
EQ.� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH cnaouNn ^ 336.776.9800
oewm.m m �m���mr o�.i�
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 NCGS 143-215.1.
This office requests that you respond to this Notice in writing within 10 business days of its receipt. Your
response should address the causes of non-compliance, remedial actions, and all other actions taken to
prevent the recurrence of similar incidents. Your written response to this correspondence will be considered
in deciding whether the Town of Green Level should be assessed civil penalties for the SSOs listed above.
Enforcement decisions will be based on volume spilled, volume reaching surface waters, duration and gravity
of the incidents, impacts to public health and the environment, fish kills, and/or whether any recreational
area closures were necessary due to the incidents. 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(s) was/were intentional, and whether money was saved as a result of the non-compliance.
If you have any questions, please do not hesitate to contact Ron Boone in the WSRO by phone at 336-776-
9690, or by email at ron.boone@ncdenr.gov. Thank you for your timely attention to this matter.
lox
1W,
NORTH CAROLINAD <
w.imy
Sincerely,
DocuSigned by:
%w. T. <c.Jn Jtr
145B49E225C94EA...
Lon 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 W. Hanes Mill Rd, Suite 300 1 Raleigh, North Carolina 27105
336.776.9800