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HomeMy WebLinkAboutWQCSD0765_NOV-2023-DV-0072_20230210ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 5924 Return Receipt Requested Celina Mentore, Manager Palme Real Estate Holdings LLC 2401 Wake Forest Rd Raleigh, NC 27608 NORTH CAROLINA Environmental Quality February 10, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0072 Sanitary Sewer Overflows - January 2023 Collection System Permit No. WQCSD0765 Mami's Latin Style Rotisserie Chicken Wake County Dear Ms. Mentore: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 24-Hour Reports submitted by Palme Real Estate Holdings LLC. The Division's Raleigh Regional Office concludes that the Palme Real Estate Holdings LLC violated Permit Condition I (2) of Permit No. WQCSD0765 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 Palme Real Estate Holdings LLC an opportunity to provide evidence and justification as to why the Palme Real Estate Holdings LLC 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 202300178 1/27/2023 unknown 2401 Wake Forest Rd. Other unknown unknown Notice of Violation - Raleigh, NC, 27608 Notice of Intent „,.11k,W North Carolina Department of Environmental Quality I Division ntWater Resources Raleigh Regional Office 13E00 Ramp Drive I RalMah. North Carolina 27609 9I9.79L/200 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. /00- Laserfiche Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North C tolho Doponnwnt of EmirconientofQuaky I D1441460 of Water Amounts Rnkch Regional Office 13600 Barrett Dtrie I RANG, North Carolina 27609 919.791.4200