WQCSD0788_NOV-2024-DV-0512 Notice of Intent_20241118

Certified Mail # 7017 0190 0000 2485 9432
Return Receipt Requested

November 18, 2024

Frank Penavic
Millenia Companies
127 Public Sq
Cleveland, OH 44114

SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2024-DV-0512
Sanitary Sewer Overflows - September 2024
Collection System Permit No. WQCSD0788
Naples Terrace Apartments
Durham County

Dear Mr. Penavic:

A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO’s) 5-Day Report/s submitted by
Millenia Companies. The Division’s Raleigh Regional Office concludes that the Millenia Companies violated Permit
Condition I (2) of Permit No. WQCSD0788 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 Raleigh Regional Office is providing the Millenia Companies an opportunity to provide evidence and justification
as to why the Millenia Companies 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
_________________________________________________________________________________________________________________________________________________________________________
202402772 9/23/2024 41,700 1211 NAPLES PLACE, Debris in line, Grease, Unknown Unknown Notice of Violation -
DURHAM Other Notice of Intent _________________________________________________________________________________________________________________________________________________________________________

Docusign Envelope ID: D7D6315E-3E63-4B02-962A-C67ED88F5E4A

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 Kevin Fowler with the Water Quality Section in the
Raleigh Regional Office at 919-791-4261 or via email at [e-mail].

Sincerely,

Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Cc: Laserfiche
Docusign Envelope ID: D7D6315E-3E63-4B02-962A-C67ED88F5E4A