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HomeMy WebLinkAboutWQCS00057_NOV and Intent to Assess_20240228ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7019 1120 0001 5505 1497 Return Receipt Reauested Michael Brandt, City Manager City of Thomasville PO Box 368 Thomasville, NC 27361-0368 NORTH CAROLINA Environmental Quality February 20, 2024 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2024-DV-0093 Sanitary Sewer Overflows - January 2024 Collection System Permit No. WQCS00057 Thomasville Collection System Davidson County Dear Mr. Brandt: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by City of Thomasville. The Division's Winston-Salem Regional Office concludes that the City of Thomasville violated Permit Condition I (2) of Permit No. WQCS00057 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 Thomasville an opportunity to provide evidence and justification as to why the City of Thomasville 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 202400221 1/9/2024 240 210 HIGH MEADOWS Severe Natural 6,000 6,000 Notice of Violation ROAD, THOMASVILLE, , Condition 27360 202400222 1/9/2024 300 810 OLD EMANUEL Severe Natural 14,000 14,000 Notice of Violation CHURCH ROAD, Condition THOMASVILLE, , 27360 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 Total Surface Incident Start Duration Vol Water Number Date (Minn) Location Cause (Gals) (Gals) DWR Action 202400224 1/9/2024 165 1002 WEST COOKSEY Severe Natural 9,000 9,000 Notice of Violation DRIVE, THOMASVILLE, Condition 27360 202400225 1/9/2024 120 8560 E HWY 64 Severe Natural 2,000 2,000 Notice of Violation Condition 202400361 1/28/2024 360 300 HIGH MEADOWS Severe Natural 10,800 10,800 Notice of Intent ROAD, THOMASVILLE, Condition 27360 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: %A. l . 5,,. tr 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