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HomeMy WebLinkAboutWQCS00363_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 06 Return Receipt Requested August 31, 2023 Debbie Hinson, City Manager City of Trinity PO Box 50 Trinity, NC 27370 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0332 Sanitary Sewer Overflows - July 2023 Collection System Permit No. WQCS00363 Trinity Collection System Randolph County Dear Ms. Hinson: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Trinity. The Division's Winston-Salem Regional Office concludes that the City of Trinity violated Permit Condition I (2) of Permit No. WQCS00363 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 Trinity an opportunity to provide evidence and justification as to why the City of Trinity 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 202301098 7/23/2023 360 6335 Twinwood Ct, Other, Pipe Failure 45,000 5,000 Notice of Violation Trinity, NC, 27370 (Break) with the Intent to Enforce �rsaa D ��� North Carolina"'gi l Offir" 1450 Wt lQ�alily l D,d.Snt,300 1 Resonrces Wlnsioa-Salem Regional Office 4`.A Wes[Hanes Mill Road, Suite 300 � Wlnsmn-Salem, North CarolEna 2I105 336W6`1600 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, Docu Siiggned by: L uti l . Jn lAts 1.49E225C94EA_ Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Carolina 6rpartmr ofE,,r.... otal Quality l Oivisim of Water Resources Wlnstnn. Salem Regional Office 1450 West Hanes Mill Ra45uite300 I Winston-S,le North Carolina 27105 336,7769800