Loading...
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