WQCS00005_NOV and Intent to Assess_20180420

ROY COOPER
Governor
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IIICHAE•L S. REGAN
Secretary
Water Resources LINDA CULPEPPER
ENvmat4h ENTAL QUALITY
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CERTIFIED MAIL: 7016 3560 0000 4428 3016
RETURN RECEIPT REQUESTED
April 20, 2018
Don Greeley, Water Management Director
City of Durham
101 City Hall Plz
Durham, NC 27701-3329
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0118
Sanitary Sewer Overflows — January - March 2018
Collection System Permit No. WQCS00005
Durham Collection System
Durham County
Dear Permittee:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Durham. The Division's Raleigh Regional Office concludes that the City of Durham violated Permit Condition
I (2) of Permit No. WQCS00005 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 Durham an opportunity to provide evidence and justification as.
to why the City of Durham should not be assessed a civil penalty for the violation(s) that are summarized below:
Volume
to
Incident# Start Date Location Cause Volume Surface Action
Waters
201800103 1/22/2018 1400 Morreene Road Roots 1,500 1,500- NOV
201800129 1/26/2018 3700 Danube Lane Grease 350 350 BPJ - No Further Action
201800163 2/1/2018 2301 Stroller Avenue Roots 100 100 BPJ - No Further Action
201800335 2/19/2018 Nation Avenue MH Debris in Line 13,500 13,500 NOV-NOI
201800377 3/7/2018 1704 Liberty Street Debris in Line 90 90 BPJ — No Further Action
201800467 3/28/2018 1411 Hyde Park Ave. Grease 240 240 BPJ — No Further Action
State of North Carolina I 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 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 Jason Robinson with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or urge )ail at [e-mail].
Sincerely
a727
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
Gurvis Mobley, City of Durham: 101 City Hall Plz, Durham, NC 27701-3329
State of North Carolina I Environmental Quality I Water Resources
1628 Mail Ser‘ice Center,Raleigh,NC 27699-1628
919-791-4200