WQCS00002_NOV-2021-DV-0054_20210122

COOPER
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
DiMtor
a
:r
NORTH CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 2680 0000 2219 5749
RETURN RECEIPT.REQUESTED
January 22, 2021
Robert Massengill, Director of Public Utilities
City of Raleigh
PO Box 590
Raleigh, NC 27602-0590
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0054
Sanitary Sewer Overflows - December 2020
Collection System Permit No. WQCS00002
Raleigh Collection System
• Wake County '
Dear Mr. Massengill:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
City of Raleigh. The Division's Raleigh Regional Office concludes that the City of Raleigh violated Permit Condition I
(2) of Permit No. WQCS00002 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 Raleigh an opportunity to provide evidence and justification as
to why the City of Raleigh 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) DWRAction
202003448 12/9/2020 336 9299 Glenwood Pump station 58,544 56,544 Notice of Violation -
Ave, pump station- Asset equipment failure Notice of Intent
ID:SNS1085 PS 36
sycamore creek
202003538 12/23/2020 130 3120 Walnut Creek Debris in line 39,000 39,000 Notice of Violation -
Parkway Notice of Intent
D om„ North Carolina Department of Envuonmantal Qualfty I DWsba of Water Resources
Jd'Y� Raleigh Regional Offim I SWO Barrett Drivel Raleigh, North Carolina 27609
"� 919791-0200

ill
Total Vol
Total . Surface
Incident Start Duration Vol Water
Number ; - Date.,_ (Mins) Location Cause (Gals) (Gals) DWR Action
202003591 t 12/30/2020 J8' ' 105 Summershade Grease 780 400 Notice of Violation •
_. - Court
This Notice of Violation-/ Notice of intenttoEnforce (NOV/NO!) 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].
Cc: Raleigh Regional Office -
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0 rRALEIGH,
..D MASSENGILL, DIRECTOR OF F
rU RALEIGH
r�'590
a , NC 27602-0590
3INTENT TO ISSUE CIVIL PENALI
r`3: RALEIGH COLLECTION SYST,
O., 1122/2021: MAILED: 1/25)
Sincerely,
Scott Vinson; Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse X
so that we can return the card to you. Et
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1 Adiclw Addreased to: _ D•
ROBERT MASSENGILL, DIRECTOR OF PUBLIC UTILITIES
CITY OF RALEIGH -
PO BOX 20 `
RALEIGH, NC.27602-0590
NOV & INTENT TO'ISSUE CIVIL PENALTY: NOV-2021-
DV-0053: RALEIGH�COLLECTION SYST, WQCS00002:
WAKE CO., 1/22/2071: MAII FO:.]/75/J021_ HAYES
9590 9402 3222 7196 3535 06
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PS Form 3811. July 2015 PSN 7530-02-000-9053
Domestic Return Receipt I