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HomeMy WebLinkAboutWQCS00002_NOV-2018-DV-0119_20180611 ROY COOPER Governor aor MICHAEL S.REG A-N yti ' Serr'e:co Water Resources LINDA C ULPEPPER ENVBPONMENTAL GUALfTY Interim Direrior CERTIFIED MAIL: 7017 2680 0000 2219 4063 RETURN RECEIPT REQUESTED June 11, 2018 Robert Massengill City of Raleigh Public Utilities PO Box 590 Raleigh, NC 27602 SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2018-DV-0119 - REISSUE Sanitary Sewer Overflows —Jan - March 2018 Collection System Permit No. WQCS00002 Raleigh Collection System Wake County Dear Permittee: Note: This is a reissue due to an improper Subject Header on the original letter dated April 20, 2018. Please respond within 10 days of receiving this letter with any additional information you may want to submit. 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: Start Volume to Incident# Date Location Cause Volume Surface Acton Waters 201800053 1/10/2018 1141 Crab Orchard Dr Roots 1,050 250 NOV 201800133 1/29/2018 4001 Deep Hollow Dr, Debris In line 12,000 12,000 NOV Raleigh, NC 201800383 3/8/2018 6024 Beardsley Ct Roots 18,000 18,000 NOV-NOI 201800400 3/12/2018 1950 Orchard Hollow Debris in Line; Grease 13,950 13,950 NOV-NOI 201800418 3/15/2018 508 Curtiss Dr, Garner Grease; Roots 14,400 14,400 NOV-NOI 201800433 3/20/2018 1516 Dixie Trail, Raleigh Debris in Line 875 875 BPJ— No Further Action State of North Carolina I Environmental Quality I Watei Resouices 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 your 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 considers rin this process.Enforcement decisions will also bebased on-volume spilled,volume reaching-surface— waters, reachingsurfacewaters, 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.Robin on@ncde .gov. Sin ere , 477) Danny Smith, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: T.J. Lynch, PE - Assistant Director or Wastewater Operations: PO Box 590, Raleigh, NC 27602 Raleigh Regional Office - WQS File Central Files, Water Quality Section State of North Caiolma I Envuomnental Quality I Water Resources 1628 Mail Service Centel,Raleigh,NC 27699-1628 919-791-4200