WQCS00223_NOV2018DV0093_20180318

ROY COOPER
Governor
MICHAEL S.REGAN
Secretory
Water Resources LINDA CULPEPPER
HNVIRONMENTAL OUALOTY Interim Director
CERTIFIED MAIL: 7015-0640-0005-8164-2470
RETURN RECEIPT REQUESTED
March 23, 2018
John L. Gray, Interim Manager Town
Town of Denton
PO Box 306
Denton, NC 27239-0306
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0093 RECEIVED/DENR/DWR
Sanitary Sewer Overflows - February 2018 APR - 6 2018
Collection System Permit No. WQCS00223
Denton Collection System Water Resources
Davidson County Permitting Section
Dear Permittee:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Denton. The Division's Winston-Salem Regional Office concludes that the Town of Denton violated Permit
Condition I (2) of Permit No. WQCS00223 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 Winston-Salem Regional Office is providing the Town of Denton an opportunity to provide evidence and
justification as to why the Town of Denton 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
201800218 2/7/2018 220 Council Access Road Inflow and Infiltration 5,600 5,600 Notice of Violation
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.
State of North Carolina I Environmental Quality I Water Resources
450 West Hanes Mill Road,Suite 300,Winston-Salem,NC 27105
336-776-9800

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 Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at ron.booneC©ncdenr.gov.
Sincerely,
V
Sherri V. Knight, P.E., Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
Cc: Winston-Salem Regional Office - WQS File
Central Files, Water Quality Section
DWR PERCS Unit