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HomeMy WebLinkAboutWQCS00010_NOV and Intent to Assess_20230831ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director srnre NORTH CAROLINA Environmental Quality Certified Mail # 9589 0710 5270 1246 0435 44 Return Receipt Requested August 31, 2023 Robby Stone, Director City of High Point PO Box 230 High Point, NC 27261-0230 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0330 Sanitary Sewer Overflows - July 2023 Collection System Permit No. WQCS00010 High Point Collection System Guilford County Dear Mr. Stone: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of High Point. The Division's Winston-Salem Regional Office concludes that the City of High Point violated Permit Condition I (2) of Permit No. WQCS00010 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 High Point an opportunity to provide evidence and justification as to why the City of High Point 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 202301118 7/28/2023 46 1508 Skeet Club Rd, Pipe Failure (Break) 3,450 3,450 Notice of Violation High Point, NC, 27265 with the Intent to Enforce o...raw D ��� North Carolina Departmmfir, 1450 Wt lQ� Mil D,d.5 il300 1r Resonrces Wlnsioa-Salem Regional Office 4`.A Wes[Hanes Mill Road, Suite 300 � wlnsmn-Salem, North CarolEna 27105 33b.7769800 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 Jtr 1451349E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ crawD ��� North C—U.. Nparlm of Environmental Quality I➢iWM- of Water Resonrces Winston-Salem Regional Office 1450 West Hanes Mill Ra4ite300I Winston-Salem, North Carolina 27105 336,7769800