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HomeMy WebLinkAboutWQCS00006_NOV and Intent to Assess_20240122ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7019 1120 0001 5504 9647 Return Receipt Reauested Michael Borchers, P.E. City of Greensboro PO Box 3136 Greensboro, NC 27402-3136 NORTH CAROLINA Environmental Quality January 22, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0040 Sanitary Sewer Overflows - December 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 202301598 12/1/2023 50 3006 WEST GATE CITY Grease 2,500 2,500 Notice of Intent BOULEVARD, GREENSBORO, 27407 202301706 12/18/2023 30 2801 SPRING GARDEN Grease 750 750 Notice of Violation STREET, GREENSBORO, 27403 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 Total Vol Incident Start Duration Number Date (Minn) Location Cause Total Surface Vol Water (Gals) (Gals) DWR Action 202301773 12/30/2023 65 6530 JUDGE ADAMS Debris in line 3,600 3,600 Notice of Intent ROAD, WHITSETT, 27377 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, DocuSiTgned by: 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