WQCS00242_NOV and Intent to Assess_20231120

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
srnre
NORTH CAROLINA
Environmental Quality
Certified Mail # 7019 1120 0001 5504 9531
Return Receipt Requested
November 20, 2023
Donald Tichy, Mayor
Village of Alamance
PO Box 96
Alamance, NC 27201
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0398
Sanitary Sewer Overflows - October 2023
Collection System Permit No. WQCS00242
Alamance Collection System
Alamance County
Dear Mr. Tichy:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Village of Alamance. The Division's Winston-Salem Regional Office concludes that the Village of Alamance violated
Permit Condition I (2) of Permit No. WQCS00242 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 Village of Alamance an opportunity to provide evidence and
justification as to why the Village of Alamance 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
202301483 10/24/2023 225 4164 SOUTH NC 62 Debris in line 5,000 5,000 Notice of Violation
HIGHWAY, ALAMANCE, with Intent to Enforce
,27215
�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 [e-mail].
Sincerely,
II D--ocu Siigfned by:
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,,runmcotal Quality l Oivisim of Water Resources
Wlnstnn. Salem Regional Office 1450 West Hanes Mill Ra45uite300 I Winston-S,le North Carolina 27105
336,7769Boo