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HomeMy WebLinkAboutWQ0003299_Notice of Violation_20240221 (5) . . •os a ervice CERTIFIED MAIL° RECEIPT R Domestic Mail Only p• For delivery information,visit our website at www.usps.com"'. r z$ .Y, 4 t Certified Mail Fee r $ c$ Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ 3 ❑Return Receipt(electronic) $ / tntark 3 ❑Certified Mall Restricted Delivery $ • ❑Adult Signature Required 3 El Adult Signature Restricted Delivery$ Postage CITY OF MONROE 7 PO BOX 69 MONROE NC 28111-0069 • ATTN: BRIAN BORNE, CITY MANAGER dwr/jh 2/21/24 A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail A unique identifier for your mailpiece. associate for assistance.To receive a duplicate Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. LISPS®-postmarked Certified Mail receipt to thr A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service" -Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. nportant Reminders: -Adult signature service,which requires the You may purchase Certified Mail service with signee to be at least 21 years of age(not First-Class Maily,First-Class Package Service®, available at retail). or Priority Mail.service. -Adult signature restricted delivery service,whicl Certified Mail service is notavailable for requires the signee to be at least 21 years of ag international mail. and provides delivery to the addressee specifier Insurance coverage is notavailable for purchase by name,or to the addressee's authorized agen with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mail receipt is Insurance coverage automatically included with accepted as legal proof of mailing,it should bear r certain Priority Mail items. USPS postmark.If you would like a postmark on For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office'"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portior of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy retum receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records. S Form 38O0.April 2015(Reverse)PSN 7530-02-000-9047 rr ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature II Print your name and address on the reverse X ❑Agent so that we can return the card to you. 0 Addresser ■ Attach this card to the back of the mailpiece, B. Received by nted Name)_ C. Date of Deliver or on the front if space permits. Xi G4', 6 3J. ;�j I. Artir In Aririrucoarl}.,• D. Is delivvfy a rasa ci ffererit1rowitem 1 ❑Yes CITY OF MONROE If YES,er Sfel address below: No PO BOX 69 MONROE NC 28111-0069 F03 3 2 2024 ATTN: BRIAN BORNE,CITY MANAGER dwr/jh 2/21/24 11111111111111111111111111113111111111111 3.❑Adult Signature e \7nN ❑0 Priority Mall Registered Ma>--- l' i iITM ss® �Adult Signature Restricted Delivery ❑Registered Mail Restrict 9590 9402 3908 8060 7354 21 .Certified Mail® Delivery ❑ ified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation', . Article Number(Transfer from service label) n Insured Mail 0 Signature Confirmation 7022 0 410 0000 7789 5831 Mail Restricted Delivery Restricted Delivery USPS TRACKING# IC) First-Class Mail 1 II111 318Postage&Fees PaidUSPS Permit No.G-10 9590 9402 3908 8060 7354 21 Unite tates •Sender:Please print your name,address,and ZIP+4®in this box• Posta mice G NCDEQ/WQROS f- CO O 610 E. CENTER AVENUE r SUITE 301 13 1 % MOORESVILLE NC 28115 iti -) .., 0 F. A 5-2.`s.7Ei=i-il-?) 111i1111-111.4.11.1.11111l'111'11Ill'llil'llllll"IIIIii'III"1 ROY COOPER = S, Governor �� � � ELIZABETH S.BISER `�� Secretary LN RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality Certified Mail # 7022 0410 0000 7789 5831 Return Receipt Requested February 21, 2024 Brian J Borne, City Manager City of Monroe PO Box 69 Monroe, NC 28111-0069 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2024-DV-0131 Sanitary Sewer Overflows - January 2024 Collection System Permit No. WQCS00026 Monroe Collection System Union County Dear Mr. Borne: The self-reported Sanitary Sewer Overflow (SSO) 5-Day Report submitted by City of Monroe indicates violations of permit conditions stipulated in the subject permit and North Carolina G.S. 143-215.1. Violations include failing to effectively manage, maintain, and operate the subject collection system so that there is no SSO to the land or surface waters and making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required. Specific incident(s) cited in the subject report include the following: Total Vol Total Surface Incident Start Duration Vol Water Number Date (Mins) Location Cause (Gals) (Gals) DWR Action 202400174 1/9/2024 134 1915 WOLF POND Inflow and Infiltration, 720 720 Notice of Violation ROAD, MONROE,NC, Severe Natural Winter Storm 2024 28112 Condition DE Q), North Department of mtal Qualfy vision of Resources MooreCarolinasville Regional O(flro b10 EaEnvironst Cenenter Avenue,SuiteDi 30I MWaterooresville.North Carolina 28115 �`+a4•"""..\V_ 704.6o3.1601 Remedial actions, if not already implemented, should be taken to correct the above noncompliance. Please submit a written response to this Notice of Violation. Your response is to be received by the regional office within 15 business days following receipt of this violation. Please include any additional documentation about this incident(s) in the response. The submittal will be considered in determining whether the Division will assess a civil penalty for the cited violations. Regarding the SSO's that occurred on January 9 & 10, 2024, and in keeping with the Governor's Executive Order No. 300, which declared a statewide state of emergency for the Severe Weather Event that occurred, the Division of Water Resources is utilizing its enforcement discretion and only issuing a Notice of Violation for events that noted 'Severe Natural Conditions' as contributing to SSO's on those dates. No Additional response to the Division is necessary for events that occurred within those dates. If you have any questions, please do not hesitate to contact Joanna Harbison with the Water Quality Regional Operations Section in the Mooresville Regional Office at 704-663-1699 or via email at joanna.harbison(a dec.nc.gov. Sincerely, DocuSigned by: A..44 F! P 44 `—F161FB69A2D84A3_. Andrew H. Pitner, P.G., Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: Regional Office - WQS File/Laserfiche Central Files, Water Quality Section cderrick@monroenc.orq t D E Q North Carollna Department of Environmental Quality Division of Water Resnurres �/ Mooresvllk Regional OPoce 610 East Ccn[er Avenue,Sufte 101 I Mooresvilk.North Carolina 28115 �� / 704 661.169'4 RECENEDIHCDEOJDWR . 'm ' Laserfiche MAR - 1 2024 ; City of Onroe WOROS MOORESVILLE REGIONAL OFFICE Water Resources monroenc.org • 704-282-4601 • PO Box 69, Monroe, NC 281 1 1 February 26, 2024 • Mr. Andrew H. Pitner Assistant Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, DEQ Subject: Response to Notice of Violation Tracking#NOV-2024-DV-0131 Sanitary Sewer Overflow- January 2024 Collection System Permit No. WQCS00026 Monroe Collection System Union County Dear Mr. Pitner, This Letter is in response to the NC Department of Environmental Quality(NCDEQ)Notice of Violation letter dated February 21St, 2025 and received by City of Monroe Water Resources on February 23rd, 2024. NCDEQ identified the following Sanitary Sewer Overflow (SSO) incident in January 2024 for a Notice of Violation. In response the City of Monroe is providing the following evidence that the overflow citied was unintentional and beyond the reasonable control of our operations and that the compliance with the collections system permit remains our utmost responsibility. Incident#20240174 occurred on January 9th, 2024 located on the Richardson Creek section of the easement side of 1915 Wolfe Pond Road this was a result of the winter storm as reported in the five-day BIMS report. A City of Monroe crew was out riding the area and found a small flow of water in the roadway leading to the ditch line with water still flowing from the sanitary sewer manhole. The area was inundated with rain as a result of the extreme weather event. 1.56 inches of rain were recorded on the 9th, with just over 3 inches total for the week leading to the spill date. All SSOP procedures were followed. The area was cleaned up as described in the BIMS report. The area and ditches were full of storm water for several days and the area was checked for debris and all cleanup was completed once water levels receded. The area was previously walked just a few weeks prior by the right of way crew. The City of Monroe had no expectations of the manhole over flowing, due to previous maintenance and inspections conducted while Right-of-Way mowing is performed as well as Smart Cover monitoring. Please see the attached map of the area indicating the area of the subject SSO. As stated previously the City of Monroe was out driving areas of concern due to flooding. The SSO was not within reasonable control of the permittee; the SSO could not have been prevented by the exercise of reasonable control, such as proper management,preventive maintenance. The permittee followed all City of Monroe Sanitary Sewer Overflow Response Plan(SSOP)procedures. The City of Monroe meets and exceeds the 10% cleaning goal each year with various methods including pipe bursting, CIPP,basin cleaning. The City of Monroe has staff available 24 hours a day 7 days per week with anticipated response time of less the 45 minutes to respond to any given call. This helps us to reduce the impact and duration of sewer spills. In addition, contacts are utilized with construction companies for emergency situations. The City of Monroe Water Resources is respectively requesting that civil penalties not be applied to the above SSO that occurred during the month of January, due to the above factors being satisfied and evidence showing that the overflow was not expected to occur. If you have any questions or require further information, please contact me at phone number 704-282- 4610 or via email at cderrick@monroenc.org Sincerely, Chuck Derrick Water Resources Maintenance Superintendent/ORC Water Resources Department City of Monroe Attachme t: DEQ NOV letter Area Map of SSO .. ,...... .,r,,,„,,ii u \g, \\syy , cl, , , . 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