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HomeMy WebLinkAboutWQCS00003_NOI_NOV2023DV0116_20230302ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 3160 0002 0860 9840 Return Receipt Reauested Courtney L. Driver, Director of Utilities City of Winston-Salem PO Box 2511 Winston Salem, NC 27107-9998 NORTH CAROLINA Environmental Quality March 02, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0116 Sanitary Sewer Overflows - January 2023 Collection System Permit No. WQCS00003 Winston-Salem Collection System Forsyth County Dear Ms. Driver: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Winston-Salem. The Division's Winston-Salem Regional Office concludes that the City of Winston-Salem violated Permit Condition I (2) of Permit No. WQCS00003 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 Winston-Salem an opportunity to provide evidence and justification as to why the City of Winston-Salem 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 202300065 1/12/2023 120 628 Lantern Ridge Dr, Other 10,900 0 Notice of Violation Winston Salem, NC, 27104 202300093 1/13/2023 5,160 455 Cherry Cove Dr, Pipe Failure (Break) 21,500 18,275 Notice of Intent Kernersville, NC, 27284 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 202300096 1/10/2023 82 109 Shadylawn Drive Roots Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 450 350 Notice of Violation 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(a)ncdenr.gov. Sincerely, DocuSiTgned by: %A. l . 5,,. Gr 1451349E225C94EA... Lon T. Snider, 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