NC0050342_RE: NOV 2015_20150409

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,� A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
a ` REGION 4
ATLANTA FEDERAL CENTER ,
G 61 FORSYTH STREET
PW ATLANTA,GEORGIA 30303-8960 -:..
APR 0 9 2015
RECEIVEMENROWR
CERTIFIED MAIL 7010 1060 0002 1703 8136 APR 15 201E
RETURN RECEIPT REQUESTED
Water Quality
Winston-Salem/Forsyth County Utility Commission Permitting Seetior
Attn: Mr. Ron Hargrove
Utilities Director
101 North Main Street
Winston-Salem, North Carolina 27101 r
Re: Notice of Violation
National Pollutant Discharge Elimination System Permit Nos.: NC0037834 and NCO050342 '1r, '
Winston-Salem Elledge Creek and Muddy Creek Wastewater Treatment Plants
Dear Mr. Hargrove:
On August 28, 2014, the U.S. Environmental Protection Agency Region 4 sent an Information Request
Letter(Request) pursuant to Section 308 of the Clean Water Act (CWA). 33 U.S.C. § 1318, to the City
of Winston-Salem (the City) requesting information related to Sanitary Sewer Overflows (SSOs) from
the City's Wastewater Collection and Transmission System (WCTS). The EPA's review of the City's
response to the Request, received by the EPA on October 7, 2014, has revealed that the City has violated
7 the CWA and requirements of the City's National Pollutant Discharge Elimination System (NPDES)
Permits. Specifically. the EPA has determined that the City has violated the CWA and the NPDES
Permits as follows:
During the period of April 2, 2010, through August 28. 2014, the City had 459 SSOs totaling
387,081 gallons of untreated sewage that discharged from the City's WCTSs to navigable waters # -
- of the United States as defined by Section 502 of the CWA, 33 U.S.C. § 1362. Such SSOs were
not authorized by the NPDES permits and are therefore violations of Section 301(a) of the CWA,
33 U.S.C. § 1311(a). In addition, the City had 189 SSOs that were released from the WCTSs and
that did not reach navigable waters of the United States. All 648 SSOs are indicative of the
City's violation of Part II, Section C.2 City's NPDES Permit Nos. NC0037834 and N00050342
which requires the City to properly operate and maintain its facility.
The EPA has decided not to initiate an enforcement action at this time. However. the City's future
progress in developing and implementing written Management. Operations, and Maintenance (MOM)
programs, continued rehabilitation of the WCTSs and progress towards eliminating SSOs will determine
' if future EPA enforcement actions are warranted- The EPA will monitor the City's progress in
developing and implementing MOM programs and WCTS rehabilitation over the next two years.
Internet Address(URL)•http://www.epa.gov
Recycled/Recyclable•Printed with Ve Vegetable Oil Based Inks on Recycled Paper Minimum 30%Postconsumer
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Until compliance with the CWA is achieved, the City is considered to be in violation of the CWA and
subject to enforcement action pursuant to Section 309 of the CWA. 33 U.S.C. § 1319. This Section
provides for the issuance of administrative penalty and/or compliance orders and the initiation of civil
and/or criminal actions.
If you have any questions regarding this Notice of Violation, please contact Ms. Sara Janovitz, of my
staff, at [phone] or by email at [e-mail]. You may also address written
correspondence to Ms. Janovitz at the above address on the letterhead.
-„ Sincerely,
i
aures D. Giattina
Director
Water Protection Division
cc: Mr. Jeff•Poupart
North Carolina Department of Environment and Natural Resources