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HomeMy WebLinkAboutWQCS00056_NOV-2023-DV-0207_20230509 Certified Mail # 7020 3160 0000 4109 1147 Return Receipt Requested May 08, 2023 Hank Raper, Town Manager Town of Siler City PO Box 769 Siler City, NC 27344 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0207 Sanitary Sewer Overflows - April 2023 Collection System Permit No. WQCS00056 Siler City Collection System Chatham County Dear Mr. Raper: A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by Town of Siler City. The Division’s Raleigh Regional Office concludes that the Town of Siler City violated Permit Condition I (2) of Permit No. WQCS00056 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 Siler City an opportunity to provide evidence and justification as to why the Town of Siler City 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 _________________________________________________________________________________________________________________________________________________________________________ 202300633 4/7/2023 240 523 S Second Ave, Siler Inflow and 9,000 9,000 Notice of Violation - City, NC, 27344 Infiltration, Severe Notice of Intent Natural Condition _________________________________________________________________________________________________________________________________________________________________________ DocuSign Envelope ID: D419A6F0-6FF4-4C81-AC35-CEAE7C291808 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 Kevin Fowler with the Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via email at kevin.fowler@ncdenr.gov. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Laserfiche DocuSign Envelope ID: D419A6F0-6FF4-4C81-AC35-CEAE7C291808