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HomeMy WebLinkAboutWQCS00144_NOV and Intent to Assess_20230615ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7019 1120 0001 5504 9401 Return Receipt Reauested Kevin Baughn, Town Manager Town of Madison 120 N Market St Madison, NC 27025 NORTH CAROLINA Environmental Quality June 15, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0252 Sanitary Sewer Overflows - May 2023 Collection System Permit No. WQCS00144 Madison Collection System Rockingham County Dear Mr. Baughn: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Madison. The Division's Winston-Salem Regional Office concludes that the Town of Madison violated Permit Condition I (2) of Permit No. WQCS00144 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 Town of Madison an opportunity to provide evidence and justification as to why the Town of Madison 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 202300760 5/1/2023 100 478 W Decatur St, Inflow and 2,600 Notice of Intent Madison, NC, 27025 Infiltration, Other, Pump station equipment failure o.n� •.�+.owa� 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 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 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, DocuSiTG gned by: %w. l . cJn,l tr 145B49E225C94EA... 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