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HomeMy WebLinkAboutWQCS00115_NOV-2023-DV-0077_20230210ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0000 4115 5986 Return Receipt Requested Hugh C Credle, Mayor Town of Weldon PO Box 551 Weldon, NC 27890-0551 NORTH CAROLINA Environmental Quality February 10, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0077 Sanitary Sewer Overflows - January 2023 Collection System Permit No. WQCS00115 Weldon Collection System Halifax County Mayor Credle: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by Town of Weldon. The Division's Raleigh Regional Office concludes that the Town of Weldon violated Permit Condition I (2) of Permit No. WQCS00115 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 Town of Weldon an opportunity to provide evidence and justification as to why the Town of Weldon 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 202300092 1/17/2023 210 Weldon, NC, 27890 - Debris in line, Grease, 36,547 36,547 Notice of Violation - See 5-day in BIMS Pipe Failure (Break) Notice of Intent North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Offke 13800 Barrett Drive . Raleigh North Carolina 27609 914791.4200 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, A4.4(- )4/?--. 20E_ Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality i Division of Water Resources Rakich Regional Office 9E00 Darren Drive Raleigh North Carotin, 27609 919.791.4200