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HomeMy WebLinkAboutWQCS00006_NOI_NOV2023DV0037_20230118ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0002 0860 8249 Return Receipt Requested Michael Borchers, PE City of Greensboro PO Box 3136 Greensboro, NC 27402-3136 NORTH CAROLINA Environmental Quality January 18, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0037 Sanitary Sewer Overflows - December 2022 Collection System Permit No. WQCS00006 Greensboro Collection System Guilford County Dear Mr. Borchers: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Greensboro. The Division's Winston-Salem Regional Office concludes that the City of Greensboro violated Permit Condition I (2) of Permit No. WQCS00006 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 Greensboro an opportunity to provide evidence and justification as to why the City of Greensboro 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 202201766 12/1/2022 25 1305 Stephens St, Other, Roots 300 300 Notice of Violation Greensboro, NC, 27406 202201779 12/6/2022 37 1105 Boston Rd, Debris in line 3,000 3,000 Notice of Intent Greensboro, NC, 27407 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 Incident Start Number Date Duration (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202201835 12/19/2022 85 109 W Elmsley Street, Debris in line 8,500 8,500 Notice of Intent Greensboro, NC 202201845 12/22/2022 235 809 Willard St, Debris in line 6,000 6,000 Notice of Intent Greensboro, NC, 27405 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. D Sincerely, E DocuSiTgned by: 0� 1. '!5'atf 14 49 22�C 4EA... Lon ni er, 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