WQCS00064_NOV-2018-DV-0121_20180423

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MICHAEL S REGAN
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Water Resources LND A CULPEPPER
ENVIRONMENTAL B4:AUUTY arerlw
CERTIFIED MAIL: 7017 2680 0000 2219 3615
RETURN RECEIPT REQUESTED
April 23, 2018
Drew Havens
Town of Apex
PO Box 250
Apex, NC 27502
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0121
Sanitary Sewer Overflows - January 2018
Collection System Permit No. WQCS00064
Apex Collection System
Wake County
Dear Mr. Havens:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Town of Apex. The Division's Raleigh Regional Office concludes that the Town of Apex violated Permit Condition I
(2) of Permit No. WQCS00064 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 Town of Apex an opportunity to provide evidence and justification as
to why the Town of Apex 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
201800169 1/29/2018 5,400 Behind Salem Middle Debris in line, Other 18,750 18,750 Notice of Violation/
School Notice of Intent to
Enforce
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 Envuonnental Quality I Watei Resouices
1628 Mail Service Centel,Raleigh,NC 27699-1628
919-791-4200

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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at mitch.hay- ncde .gov.
i"
Sincerely, •,____--/
I
Danny Smit '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
State of North Carolina I Envuonmental Quality I Watei Resources
1628 Mail Service Center,Raleigh,NC 27699-1628
919-791-4200