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Home My WebLink AboutWQCS00002_NOV2018DV0036_20180218Water Resources ENWtRONMENTAL QUALITY CERTIFIED MAIL: 7016 3560 0000 4428 2903 RETURN RECEIPT REQUESTED February 5, 2018 Robert Massengill City of Raleigh Public Utilities PO Box 590 Raleigh, NC 27602-0590 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2018-DV-0036 Sanitary Sewer Overflows — October - December 2017 Collection System Permit No. WQCS00002 Raleigh Collection System Wake County Dear Permittee: ROY COOPER NfICHA_EL S- RE'lTAN secret[ rl - LEDA CLZPEPPER nteriAl D17ect,+Jr tr � -ES a es NNeter ResSed ion perrnitCtin9 A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5 -Day Report/s submitted by City of Raleigh. The Division's Raleigh Regional Office concludes that the City of Raleigh violated Permit Condition I (2) of Permit No. WQCS00002 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 City of Raleigh an opportunity to provide evidence and justification as to why the City of Raleigh should not be assessed a civil penalty for the violation(s) that are summarized below: State of North Carolina Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200 Total Incident Start Total Vol Num Date Location Cause Volume Surface Violation Action (Gals) Water Gals 201701506 10/14/17 3712 Bryn Mawr Ct Roots 10,800 10,800 Notice of Violation 201701725 12/10/17 147 Carriage House Trail, Grease 683 683 BPJ - No Further Garner Action 201701652 11/13/17 3931 Macaw St, Raleigh Debris 2,520 1,260 Notice of Violation 201701634 11/13/17 1800 Coltrane Ct Grease 450 450 BPJ - No Further Action 201701507 10/14/17 3900 Barrett Dr Grease 54,000 54,000 Notice of Violation - Intent to Enforce State of North Carolina Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200 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 30 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 Jason Robinson with the/Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via -email at Jason.T.Robinson@ncdenr.gov. Sincerely ---' J Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Central Files, Water Quality Section T.J. Lynch, PE — Assistant Director of Wastewater Operations: PO Box 590, Raleigh, NC 27602 State of North Carolina I Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200 Total Incident Start Total Vol Num Date Location Cause Volume Surface Violation Action (Gals) Water Gals 201701659 11/22/17 732 Illeagnes Rd Grease / 1,200 1,200 Notice of Violation Debris 201701735 12/13/17 Fountain Dr &Curtis Dr, Grease 4,500 4,500 Notice of Violation Raleigh, NC 201701661 11/24/17 2505 Finley Ridge Ln , Raleigh Grease 870 50 BPJ - No Further Action 201701698 12/x4/17 325 Wingate St, Wake Forest Roots 438 438 BPJ - No Further Action 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 30 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 Jason Robinson with the/Water Quality Section in the Raleigh Regional Office at 919-791-4200 or via -email at Jason.T.Robinson@ncdenr.gov. Sincerely ---' J Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Central Files, Water Quality Section T.J. Lynch, PE — Assistant Director of Wastewater Operations: PO Box 590, Raleigh, NC 27602 State of North Carolina I Environmental Quality I Water Resources 1628 Mail Service Center, Raleigh, NC 27699-1628 919-791-4200