HomeMy WebLinkAboutWQCSD0761_NOV-2023-DV-0003_20230209ROY COOPER
Governor
ELIZABETH 5. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4115 5856
Return Receipt Requested
Bryan Casale
207 W. Millbrook Road
Raleigh, NC 27607
NORTH CAROLINA
Environmental Quality
February 9, 2023
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. Casale:
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
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202300008 12/6/2022 unknown 2601 Lake Dr, Raleigh, Pump station unknown unknown Notice of Violation -
NC, 27607 equipment failure
Notice of Intent
North Caroms Department of Emhormenul Quality : Division of water Resources
Raleigh RepknalOffice 138009arrepDrive RakghNorth Carolina 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
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Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North CaroBm. Department of Environmental QwOty I Division of Water Resources
Weigh Regional Office 1 3600 Barrett Drive Raleigh North Carc8na 27609
919.791.4200