WQCS00025_NOV and Intent to Assess_20240228

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
la STNf a
NORTH CAROLINA
Environmental Quality
Certified Mail # 9589 0710 5270 1246 0436 05
Return Receipt Requested
February 20, 2024
John N Ogburn, City Manager
City of Asheboro
PO Box 1106
Asheboro, NC 27204-1106
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking Number: NOV-2024-DV-0118
Sanitary Sewer Overflows - January 2024
Collection System Permit No. WQCS00025
Asheboro Collection System
Randolph County
Dear Mr. Ogburn:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Asheboro. The Division's Winston-Salem Regional Office concludes that the City of Asheboro violated
Permit Condition I (2) of Permit No. WQCS00025 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 Asheboro an opportunity to provide evidence and
justification as to why the City of Asheboro 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
(Minn)
Location
Cause
(Gals)
(Gals) Dill Action
202400159
1/9/2024
630
1438 RIDGEWOOD
Severe Natural
31,500
31,500 Notice of Violation
CIRCLE, ASHEBORO,
Condition
27203
202400161
1/9/2024
232
940 LIBERTY ROAD,
Severe Natural
4,640
4,640 Notice of Violation
ASHEBORO, 27203
Condition
�r DJ North Carolina Deparlm t of Fn--ital Q,alily I Division of Water Resources
J/ wlnsmn-Salem Regional Of&e 1450 Wes[Hanes Mill Road,S�5rvnamn-
vil I S,1e No hCaroll,,2n0S
® 336W6.9800

202400194
1/9/2024
142
1129 EAST MINE
Inflow and Infiltration,
3,905
3,905
Notice of Violation
STREET, ASHEBORO,
Severe Natural
27205
Condition
202400196
1/9/2024
539
15 RICHLAND PLACE,
Inflow and Infiltration,
32,800
32,800
Notice of Violation
ASHEBORO, 27205
Severe Natural
Condition
202400276
1/12/2024
1,122
15 RICHLAND PLACE,
Inflow and Infiltration
25,000
25,000
Notice of Intent
ASHEBORO, 27205
202400357
1/27/2024
555
15 RICHLAND PLACE,
Inflow and Infiltration,
38,000
38,000
Notice of Intent
ASHEBORO, 27205
Severe Natural
Condition
202400376
1/29/2024
89
225 TERRY AVENUE,
Roots
2,000
2,000
Notice of Intent
ASHEBORO, 27203
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,
DocuSiTG
gned by:
%w. l . cJn Jtr
1451349E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Ca U..Dprlm ofEnvirunm.Mal Quality IDiAM-of Water Resonr
Winston- Salem Regional off, 1450 Wes[Hanes Mill ,d, Svile 3001 Winston-Salem, North Carolina 27105
33b,7769800