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HomeMy WebLinkAboutWQCSD0761_NOV-2023-DV-0003_20230109ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 5665 Return Receipt Requested NORTH CAROLINA Environmental Quality January 09, 2023 Edward Bedford Twin Lakes Professional Park Owners Association Inc 2601 Lake Drive Raleigh, NC 27607 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0003 Sanitary Sewer Overflows - December 2022 Collection System Permit No. WQCSD0761 2601 Lake Dr., Raleigh Wake County Dear Mr. Bedford: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 24-hour Report submitted by Twin Lakes Professional Park Owners Association Inc. The Division's Raleigh Regional Office concludes that the Twin Lakes Professional Park Owners Association Inc violated Permit Condition I (2) of Permit No. WQCSD0761 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 Twin Lakes Professional Park Owners Association Inc an opportunity to provide evidence and justification as to why the Twin Lakes Professional Park Owners Association Inc should not be assessed a civil penalty for the violation(s) that are summarized below: Incident Start Duration Number Date (Mins) Location Cause 202300008 12/6/2022 unknown 2601 Lake Dr, Raleigh, Pump station NC, 27607 equipment failure Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action unknown unknown Notice of Violation North Carolina Deportment of Environmental Quality I Division of Wares Resources RskghReglonslOffice 1MOO Barren Drive I Ralelph.NorthCarolina 27609 919.791,4200 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 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 Carolina Department of Errtrv.r.r..1 Q,,l fy Division of water Resources Raleigh Regional Office 13d00 Barrett Drive I !Weigh North Camino 27609 919.7%4200