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HomeMy WebLinkAboutWQCS00223_NOI_NOV2023DV0115_20230302ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0002 0860 9833 Return Receipt Reauested Larry Ward Town of Denton PO Box 306 Denton, NC 27239-0306 NORTH CAROLINA Environmental Quality March 02, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0115 Sanitary Sewer Overflows - January 2023 Collection System Permit No. WQCS00223 Denton Collection System Davidson County Dear Mr. Ward: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Denton. The Division's Winston-Salem Regional Office concludes that the Town of Denton violated Permit Condition I (2) of Permit No. WQCS00223 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 Town of Denton an opportunity to provide evidence and justification as to why the Town of Denton 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 (Gals) Total Vol Surface Water (Gals) DWR Action 202300135 1/25/2023 300 267 Council Access Rd, Inflow and 39,500 39,500 Notice of Intent Denton, NC, 27239 Infiltration, Severe Natural Condition 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 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. Sincerely, Docu Siiggned by: L uti l . Jn lAts 1.49E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 3001 Winston-Salem. North Carolina 27105