HomeMy WebLinkAboutWQCS00002_NOV-2019-DV-0202 NOI_20190426110y COOPER
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CERTIFIED MAIL: 7017 2680 0000 2236 0864
RETURN RECEIPT REQUESTED
April 26, 2019
Robert Massengill, PE, Public Utilities Director
City of Raleigh
PO Box 590
Raleigh, NC 27602
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0202
Sanitary Sewer Overflows — January, February, March 2019
Collection System Permit No. WQCS00002
Raleigh Collection System
Wake 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 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:
Incident Start Duration
Number Date (Mins) Location
201900134 1/14/2019
201900198 1/23/2019
104 800 East Juniper
Avenue, Wake Forest
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
Debris in line, Grease 10,800 10,800 Notice of Violation
99 244 Cedar Drive, other
Wendell
1,500 1,500 Notice of Violation
Total Vol
Total
Surface
Incident
Start
Duration
Vol
Water
Number
Date
(Mins)
Location
Cause
(Gals)
(Gals)
DWR Action
201900199
1/23/2019
32
1401 Wendell Blvd on
Debris in line
48,000
48,000
Notice of Violation
sewer easement beside
Notice of Intent
property
201900235
1/25/2019
57
Near 903 Lorimer Rd on
Roots
6,000
500
BPI No Further
sewer easement
Action
201900248
1/28/2019
360
1210 Park Drive
Pipe Failure (Break)
18
18
BPI, No Further
Action
201900290 2/1/2019
201900352 2/14/2019
162 4029 Deep Hollow Dr. Debris in lime
155
201900360 2/15/2019 80
201900391 2/18/2019 3630
1500 Crabtree Rd.
sewer easement
Wake Forest Rd. &
McNeil St.
300 Creek Side Drive
Grease
Grease
Debris in line
201900376 2/19/2019 90 4413 Marriot Dr. Raleigh Debris in line
sewer easement
201900555 3/9/2019 190 7320 Haymarkct Lane Debris in line
Sewer easement on
greenway
48,000
216,000
400
48,000 Notice of Violation
Notice of Intent
216,000 Notice of Violation
Notice of Intent
420 BPI, No Further
Action
5,760 5,760 Notice of Violation
4,000
14,250
1,725 Notice of Violation
14,250 Notice of Violation
Notice of Intent
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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at mitch.hayes@ncdenr.gov.
Sincerely,
RiTW 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
T.J. Lynch, PE - Assistant Director of Wastewater Operations, City of Raleigh, PO Box 590, Raleigh, NC
27602
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