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HomeMy WebLinkAboutWQCS00018_NOV and Intent to Assess_20180706 ROY COOPER Governor +.T ' MICHAEL S_BEGAN Secretary Water Resources LLNDA CULPEPPER ENVIRONMENTAL QUALITY Interim Director CERTIFIED MAIL: 7015-0640-0005-8164-2395 RETURN RECEIPT REQUESTED SWR July 6, 2018 RE-M1 �®1°5° ,QUI- 17 201 Brad City of Eden Corcoran, City Manager Water!e Becton P.O. Box 70 perrnim9 Eden, NC 27289-0070 SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2018-DV-0194 Sanitary Sewer Overflows - May 2018 Collection System Permit No. WQCS00018 Eden Collection System Rockingham 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 Eden. The Division's Winston-Salem Regional Office concludes that the City of Eden violated Permit Condition I (2) of Permit No. WQCS00018 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 City of Eden an opportunity to provide evidence and justification as to why the City of Eden should not be assessed a civiI 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 201800754 5/18/2018 815 699 Lake Street Inflow and 14,900 14,900 Notice of Intent Infiltration,Severe Natural Condition 201800771 5/18/2018 1,116 Railroad Pump Station Inflow and 4,500 4,500 Notice of Intent Infiltration,Severe Natural Condition 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 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 Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.gov. Sincerely, 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 ,