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HomeMy WebLinkAboutWQCS00006_Notice of Violation_20231020ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality Certified Mail # 9589 0710 5270 1246 0435 82 Return Receipt Reauested October 19, 2023 Michael Borchers, PE City of Greensboro PO Box 3136 Greensboro, NC 27402-3136 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2023-DV-0369 Sanitary Sewer Overflows - September 2023 Collection System Permit No. WQCS00006 Greensboro Collection System Guilford County Dear Mr. Borchers: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Greensboro. The Division's Winston-Salem Regional Office concludes that the City of Greensboro violated Permit Condition I (2) of Permit No. WQCS00006 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 Greensboro an opportunity to provide evidence and justification as to why the City of Greensboro 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 202301351 9/14/2023 61 2000 RANDOLPH AVE Pipe Failure (Break) 3,000 3,000 Notice of Intent 202301352 9/7/2023 25 4032 BATTLEGROUND Grease 2,500 2,000 Notice of Intent AVENUE, GREENSBOROā€˛ 27410 North Carolina Department of Environmental Quality i Division of Water Resources Winston-5alem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 336.776.9500 Incident Start Number Date Duration (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202301356 9/15/2023 121 4207 Romaine Street, Debris in line 8,400 8,400 Notice of Intent Greensboro, NC 27407 202301377 9/23/2023 305 2132 NEW GARDEN Pipe Failure (Break) 130,000 130,000 Notice of Intent ROAD, GREENSBORO, 27410 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. D Sincerely, DocuSiTG gned by: %w. l . cJn.ldlff 1451349E225C94EA... Lon T. Snider, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem. North Carolina 27105 336 .776.9600