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HomeMy WebLinkAboutWQCS00006_NOV and Intent to Assess_20230615ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7019 1120 0001 5504 9739 Return Receipt Reauested Michael Borchers City of Greensboro PO Box 3136 Greensboro, NC 27402-3136 NORTH CAROLINA Environmental Quality June 15, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0253 & NOTICE OF DEFICIENCY Tracking Number: NOD-2023-DV-0057 Sanitary Sewer Overflows - May 2023 Collection System Permit No. WQCS00006 Greensboro Collection System Guilford County Dear Mr. Borchers: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Greensboro. The Division's Winston-Salem Regional Office concludes that the City of Greensboro violated Permit Condition I (2) of Permit No. WQCS00006 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 Greensboro an opportunity to provide evidence and justification as to why the City of Greensboro 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 202300845 5/22/2023 43 3700 Elmsley Ct, Grease 10,000 0 Notice of Intent Greensboro, NC, 27406 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 North Carolina Department or Environmental Quality i Division of Water Resources Winston-5alem Regionat Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 ni<r� c.�oi 336.776.9500 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. Greensboro's May 2023 SSOs that the Division has determined to be deficiencies are listed in the table below: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202300776 5/3/2023 14 125 Rocky Knoll Cir, Grease 200 200 Notice of Deficiency Greensboro, NC, 27406 202300799 5/9/2023 36 3926 Overland Hts, Debris in line 300 300 Notice of Deficiency Greensboro, NC, 27407 202300851 5/16/2023 27 4236 United St, Grease 300 300 Notice of Deficiency Greensboro, NC, 27407 202300875 5/28/2023 45 1419 Bogart St, Roots 300 300 Notice of Deficiency Greensboro, NC, 27405 No written response for the four SSOs determined to be deficiencies above is required. If you have any questions, please do not hesitate to contact Gary Hudson with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at gary.hudson@deq.nc.gov. Sincerely, DocuSiTgned by: 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 ro°°�E^•"°^°-M°�a°� 336.776.9600