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HomeMy WebLinkAboutWQCS00124_NOV and Intent to Assess_20230803Roy COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director STME o NORTH CAROLINA Environmental Quality Certified Mail # 7020 1810 0002 1109 4446 Return Receipt Reauested August 03, 2023 Clint Mack, Town Manager Town of Robbins PO Box 296 Robbins, NC 27325 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0302 Sanitary Sewer Overflows - June 2023 Collection System Permit No. WQCS00124 Robbins Collection System Moore County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Town of Robbins. The Division's Fayetteville Regional Office concludes that the Town of Robbins violated Permit Condition I (2) of Permit No. WQCS00124 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 Fayetteville Regional Office is providing the Town of Robbins an opportunity to provide evidence and justification as to why the Town of Robbins 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 202300977 6/26/2023 150 189 NC-705, Robbins, Power Outage, Pump 5,000 5,000 Notice of Violation NC, 27325 station equipment failure —. 'm, D ��� North Carolina Department of Fnvlronmeenal Quality I D1As1m of Water Re rms Fayetteville Megional OfFce1225Creen St .5uae7]41 Fayenevilk. North Caro0na 28301 910.433MW 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 Chad Turlington with the Water Quality Section in the Fayetteville Regional Office at 910-433-3300 or via email at chad.turlington@deq.nc.gov. Sincerely, I 'vAk aD0CU ' nedby�Q�-Ut , 189C2D3DD5C42B... J. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ Cc: Fayetteville Regional Office - CT a —. 'm, D ��� North Carolina Department of Envlronmenlal Quallly I DM.1.n of Wa Resov FayettevRle Regional OFFce 1 225 Creen Street 5-114 1 Fayetteville. North Camllna 28301 910.4333300