WQCS00005_NOV-2019-DV-0198 NOI_20190424

ROY COOPER
i-r;'•rri it
MICHAEL S. REGAN
S.', rr•irrrti
LINDA CULPEPPER
land-.
NO'z r F CAROLIN
Environmental Quality
CERTIFIED MAIL: 7017 0190 0000 9562 6384
RETURN RECEIPT REQUESTED
April 24, 2019
Thomas Bonfield, City Manager
City of Durham
101 City Hall Piz
Durham, NC 27701-3329
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0198
Sanitary Sewer Overflows — March - April 2019
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:
Incident Start
Number I hate
201900104 1 1 /9/2019
(see next page)
Location
Duke University (East
Campus) - Near East
Campus Union Buildir
Total Volume
Cause Volume Reached Violation Action
(Gals) Water
975 975 BPJ - No Further
Action
DRE �Q$" � �;

k
Total I
Volume
Incident ,
Start
Location
Cause
Volume
Reached
Violation Action
l Number I
Date
(Gals)
Water
201900a 18
4M 312019
Cedar Creek Drive Pump
Other -Electrical
50
50
BPJ -No � Further
Station
201900196
1/23/2019
2800 Campus Walk Ave
Debris
615
615
BPJ - No Further
Action
201900233
1/25/2019
2700 Carpenter Road
Other -ARV
12,900
12,900
NOV
201900302
2/4/2019
4001 Durham Chapel Hill
Other-MH Insert
7,200
7,200
NOV
Blvd
201900313
216120i9
Near 1904 Aiken Ave, on
Grease
71400
7,400
NOV
and off-70 ROW
201900449
2123/2019
5101 North Roxboro Rd.
Inflow/infiltration 1
1,008,000
1,008,000
BPJ - No Ac on Further
Severe Natural
201900577
3/1312019
4121 Trotter Ridge Rd
Conditions
Other -Blockage
300
300
BPJ -A
ANc Further
201900588
3/16/2019
1600 Anderson Street,
Debris
300
0
BPJ - No Further
Action
Durham, NC 27707
201900591
3/18/2019
1400 Morreene Rd
Roots
1,850
1,850
BPJ - No Further
Action
201900611 3/21/2019 1871 MLK Parkway Debris 30,200 30,200 NOV - NOl
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.
(see next page)
DRE
/'ems_
�1:

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 [e-mail].
Sincerely,
4;�-
Rick Bolich, L.G., Assistant 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
DE�,f T.CR!�3r. ra-3psR'T5 ._fL—.=rh•-�Is ..3 _�