WQCS00025_NOI_NOV2023DV0229_20230602

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Certified Mail # 7020 3160 0002 0860 6214
Return Receipt Requested
June 2, 2023
John N. Ogburn, III
City of Asheboro
PO Box 1106
Asheboro, NC 27204-1106
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0229
Sanitary Sewer Overflows - April 2023
Collection System Permit No. WQCS00025
Asheboro Collection System
Randolph County
Dear Mr. Ogburn:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Asheboro. The Division's Winston-Salem Regional Office concludes that the City of Asheboro violated
Permit Condition I (2) of Permit No. WQCS00025 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 Asheboro an opportunity to provide evidence and
justification as to why the City of Asheboro 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
202300615
4/7/2023
603
577 Lexington Rd,
Inflow and
7,620
7,620
Notice of Intent
Asheboro, NC, 27205
Infiltration, Severe
Natural Condition
202300622
4/8/2023
81
527 Lexington Rd,
Inflow and
18,890
18,890
Notice of Intent
Asheboro, NC, 27205
Infiltration, Pump
station equipment
failure, Severe Natural
Condition
202300623
4/8/2023
575
1 Richland PI, Asheboro, Inflow and
14,880
14,880
Notice of Intent
NC, 27205
Infiltration, Severe
Natural Condition
Non, Carolina oepenmen[oFEnvtro,unernalQuality
Ellnsionof Water Resources
Winslon-Uenn Regional Off 1 450 West Hanes Mill Road, Suit, 3001 W1nal,o,5al,na
,
o�� 33,TJb.9&00
North Carallm277C5

Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location
Cause
(Gals)
(Gals)
DWR Action
202300630
4/7/2023
60
1005 Old Liberty Rd,
Inflow and
1,500
1,500
Notice of Violation
Asheboro, NC, 27203
Infiltration, Severe
Natural Condition
202300643
4/7/2023
603
1 Richland PI, Asheboro,
Inflow and
48,614
48,614
Notice of Intent
NC, 27205
Infiltration, Severe
Natural Condition
202300651
4/10/2023
160
747 Lake Dr, Asheboro,
Pipe Failure (Break)
800
800
Notice of Violation
NC, 27205
202300677
4/13/2023
18
848 Morgan Ave,
Grease
900
900
Notice of Violation
Asheboro, NC, 27205
202300679
4/13/2023
205
551 Lexington Rd,
Pipe Failure (Break)
1,833
1,833
Notice of Violation
Asheboro, NC, 27205
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 Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
Doc uSiTgned by:
-4'B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
omw.mrcc,n D; ��� NorthCarolina Departmentof Emiromne11a10y.Ihq IDivision of Waterllesources
\V/" Winston-Salrm Rtgional Off 1 456 West Hanes Mili Road, SAt 3001 Winston- Salem, North Carolina 27105
336.TI6.98DD