WQCS00003_NOV and Intent to Assess_20240620

Roy COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
srnre
NORTH CAROLINA
Environmental Quality
Certified Mail # 7022 2410 0003 1826 0722
Return Receipt Requested
June 20, 2024
Courtney L Driver, Director of Utilities
City of Winston-Salem
PO Box 2511
Winston Salem, NC 27107-9998
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0273
Sanitary Sewer Overflows - May 2024
Collection System Permit No. WQCS00003
Winston-Salem Collection System
Forsyth County
Dear Ms. Driver:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Winston-Salem. The Division's Winston-Salem Regional Office concludes that the City of Winston-Salem
violated Permit Condition I (2) of Permit No. WQCS00003 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 Winston-Salem an opportunity to provide evidence and
justification as to why the City of Winston-Salem 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
202400856 5/3/2024 135 800 Whispering Brook Roots
4,300
2,150 Notice of Intent
Road, Kernersville, NC,
27284
o�.raw D � North Carolina R'qi l Offirr 1 450 Wt l Q�alily D,d.5 il300 1r Resonrces
Wlnsioa-Salem Regional Office 4`.A Wes[Hanes Mill Road, Suite 300 Wlnsmn-Salem, North CarolEna 2I105
336W69600

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,
Docu Siiggned by:
L uti l . <Jn, J"
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,,r.... otal Quality l Oivisim of Water Resources
Wlnstnn. Salem Regional Office 1450 West Hanes Mill Ra45uite300 I Winston-S,le North Carolina 27105
336,7769800