NC0026051_NOV-2023-DV-0181_20230502

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ELIZABETH S.BISER ��° •„'� ^".•
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RICHARD E. ROGERS,JR. NORTH CAROL NA
Director- Environmental Quality
Certified Mail # 7020 3160 0000 4109 1048
Return Receipt Requested
May 5th, 2023
Stephanie Brixey
Durham County
5926 NC Highway 55
Durham, NC 27713
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0181
Unauthorized Bypass — March 2023
Facility: Triangle WWTP
NPDES Permit: NCO026051
Durham County
Dear Ms. Brixey:
A review has been conducted of the self-reported incident report submitted by Durham County on 3/28/2023. The
Raleigh Regional Office concludes that the unauthorized bypass violated G.S. 143-215.1(a)(1) and permit condition
part II Section C (4) (c) of NPDES Permit No. NC0026051.
The Raleigh Regional Office is providing Durham County the opportunity to provide evidence and justification as to
why Durham County 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 (Mips) Location Cause (Gals) (Gals) DWR Action
202300573 3/28/2023 65 5926 NC-55, Loss of Power 163,854 163,854 Notice of Violation
Durham, NC, 277713 Notice of Intent
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