WQCS00025_NOV and Intent to Assess_20190403

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ROY COOPER
M|CHABLS.REGAN
LDN0A CWLPEPPER NORr8CAROL|NA
Environmental Quality
CERTIFIED MAIL: 7013 1710 0002 1922 1418
RETURN RECEIPT REQUESTED
/\pd| U3, 2019
John N (Jgburn, III APR 29 209
City ofAsheboro
PO Box 11U6 ')W4o '`1. Qg
Asheboro, UrCL'NC = �e�b�-
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SUBJECT: NOTICE OF VIOLATION 8&INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0178
Sanitary Sewer Overflows - February 2O19
Collection System Permit No. VV[>CS00025
Asheboro Collection System
Randolph County
D8arPermitt88:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Asheboro. The Division's Winston-Salem Regional [)ffioe concludes that the City of Asheboro violated
Permit Condition I (2) of Permit No. VVOCS00035 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 mf the State for purposes ofG.S. 143-31S.1(a)(1), for which a permit is
required hvG.8. 143-215.1.
The Winston-Salem Rao|mna| [>ffica is providing the City of Asheboro an opportunity to provide evidence and
justification as to why the City of Asheboro 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 (Kvinm) Location Cause (Gals) (Gals) DWR Action
301900423 2/23/2019 288 577 Lexington Road Inflow and Infiltration 4,320 4,320 Notice cfIntent
201900445 2/24V2019 319 Hickory Forest Drive Debris in line, Roots 7,975 700 Notice ofViolation
201900482 2/24V2019 510 Hickory Forest Drive Debris in line, Roots 40,500 4,500 Notice ofIntent
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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.booneoncdenr.gov.
Sincerely,
�DocuSigned by:
Loti -T �Mdcr
145B49EMC94EA...
Lon T. Snider, Assistant 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_
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