HomeMy WebLinkAboutWQCS00268_NOI NOV2019DV0242_20190529DocuSign Envelope ID: F1023BA9-B2D4-46D4-9294-3EEE50C29DEF
ROY COOPER
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MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
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NORTH CAROL INA
Environmental Qued"
CERTIFIED MAIL: 7011 2000 0002 2768 9445
RETURN RECEIPT REQUESTED
May 29, 2019
Richard L Woodruff
City of Jacksonville
PO Box 128
Jacksonville, NC 28541-0128
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0242
Sanitary Sewer Overflows - February 2019
Collection System Permit No. WQCS00268
Jacksonville Collection System
Onslow 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 Jacksonville. The Division's Wilmington Regional Office concludes that the City of Jacksonville violated Permit
Condition I (2) of Permit No. WQCS00268 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 Wilmington Regional Office is providing the City of Jacksonville an opportunity to provide evidence and
justification as to why the City of Jacksonville should not be assessed a civil penalty for the violation summarized
below:
Incident Start Duration
Number Date (Mins) Location
201900472 2/12/2019 21,240 Concrete Line near
Wardola drive
Total Vol
Total Surface
Vol Water
Cause (Gals) (Gals) DWR Action
Pipe Failure (Break) 273,600 273,600 Notice of Violation
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DocuSign Envelope ID: F1023BA9-B2D4-46D4-9294-3EEE50C29DEF
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 Dean Hunkele with the Water Quality Section in the
Wilmington Regional Office at 910-796-7215 or via email at dean.hunkele@ncdenr.gov.
Sincerely,
DocuSigned by:
E3ABA14AC7DC434...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Cc: WIRO — Enforcement File
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