NC0081426_NL_Mitchell_WTP_Discharge_20240919

ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 19, 2024
CERTIFIED MAIL # 7022 2410 0003 3706 3493
RETURN RECEIPT REQUESTED
Michael Borchers, Director
City of Greensboro Water Resources
PO Box 3136
Greensboro, NC 27402
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Discharge to North Buffalo Creek from Mitchell Water Treatment Plant
NPDES Permit # NCO081426
Tracking Number: NOV-2024-DV-0343
Incident Number: 202402007
Guilford County
Dear Mr. Borchers:
On August 15, 2024, Division of Water Resources (DWR) Winston-Salem Regional Office
staff Ron Boone received notification from City of Greensboro's Water Supply Division
Manager, Scott Jewel, of the discharge of approximately 2.8 million gallons of untreated
filter backwash wastewater from the Mitchell Water Treatment Plant, located at 1041
Battleground Avenue in Greensboro, to North Buffalo Creek.
This discharge was reported to be a result of misidentification of a stormwater manhole
as a sanitary sewer manhole to which plant operators were pumping filter backwash to
free up additional space within the facility. The pumping operation started on June 27,
2024, and lasted until the mistake was noted and stopped on August 15, 2024. It was
reported by Mr. Jewel to Mr. Boone via email on August 22, 2024, that during that
timeframe an estimated 2.8 million gallons of untreated filter backwash had been pumped
to North Buffalo Creek.
The abovementioned discharge event represents a violation of NC General Statute 143-
215.1(a)(1), which prohibits making any outlets to waters of the State unless that person
has received a permit from the Environmental Management Commission and has
complied with all conditions set forth in the permit.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
uomr+caROLINA Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
`� /`�NMT�H� 336.776.9800

This office requests that you respond in writing to this Notice within thirty (30) days of its
receipt. Your response should be sent to this office at the letterhead address or by email
to ron.boon e(a_deg.nc.gov. Please be aware that, pursuant to NC General Statute 143-
215.6A, the above -mentioned violations and any future violations may be subject to a civil
penalty assessment of up to a maximum of $25,000.00 per day for each violation. In
providing your response to this Notice of Violation, please include any information you
wish this Office to consider prior to issuing a civil penalty, including any information
relevant to the statutory assessment factors set forth in NC General Statute 143-282.1(b):
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
If you have any questions about this matter, please contact Mr. Boone by phone at 336-
776-9690 or by email at ron.boone(a�deg.nc.gov. You may also contact me at 336-776-
9695 or by email at jenny.graznak deg.nc.gov.
Sincerely,
DocuSigned by:
OD2D3CE3F1 B7456_.
Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality 1 Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
hFORiH CAROLINq i
Dore qm m E,�,im�ma,�i u�an� /"� 336.776.9800