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HomeMy WebLinkAboutWQCS00249_NOV-2023-DV-0368_20231011DocuSign Envelope ID: DED51AD1-873E-4F18-8856-A9D3C1657F69 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7021 2720 0002 3808 3939 Return Receipt Reauested Franky J Howard Onslow Water and Sewer Authority 228 Georgetown Rd Jacksonville, NC 28540 NORTH CAROLINA Environmental Quality October 11, 2023 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0368 Sanitary Sewer Overflows - September 2023 Collection System Permit No. WQCS00249 ONWASA Collection System Onslow County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Onslow Water and Sewer Authority. The Division's Wilmington Regional Office concludes that the Onslow Water and Sewer Authority violated Permit Condition I (2) of Permit No. WQCS00249 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 Wilmington Regional Office is providing the Onslow Water and Sewer Authority an opportunity to provide evidence and justification as to why the Onslow Water and Sewer Authority 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 (Mlins) Location Cause (Gals) (Gals) DWR Action 202301362 9/19/2023 110 1304 HAMMOCKS Other, Power 16,500 16,500 Notice of Violation BEACH ROAD, Outage, Pump SWANSBORO 28584 station equipment failure D_E Qk�� North Carolina Department of Environmental Quaky I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope ID: DED51AD1-873E-4F18-8856-A9D3C1657F69 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 Helen Perez with the Water Quality Section in the Wilmington Regional Office at 910-796-7215 or via email at helen.perez@deq.nc.gov. Sincerely, EOocuSigned by: AFC8ECSFCD446... for Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc: Wilmington Regional Office - WQS File Upload to Laserfiche � � North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1121 Cardinal Drive Extension I Wilmington, North Carolina 28405 .—\ r 910.796.7215