WQCS00011_NOV-2023-DV-0136_20230313

ROY COOPER
Governor
EUZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
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Peter Varney
City of Rocky Mount
PO Box 1180
Rocky Mount, NC 27802-1180
NORTH CAROLINA
Environmental Quality
March 13, 2023
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0136
Sanitary Sewer Overflows - February 2023
Collection System Permit No. WQCS00011
Rocky Mount Collection System
Edgecombe County
Dear Mr. Varney:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
City of Rocky Mount. The Division's Raleigh Regional Office concludes that the City of Rocky Mount violated Permit
Condition I (2) of Permit No. WQCS00011 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 City of Rocky Mount an opportunity to provide evidence and
justification as to why the City of Rocky Mount 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 (Mans) Location Cause (Gals) (Gals) DWR Action
202300266 2/12/2023 1,879 RIVERSIDE DR, RR Inflow and 116,000 116,000 Notice of Violation -
TRESTLE Infiltration, Severe Notice of Intent
Natural Condition
202300289 2/13/2023 480 Hargrove street Inflow and 18,000 18,000 Notice of Violation -
Infiltration, Severe Notice of Intent
Natural Condition
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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 [e-mail].
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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