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HomeMy WebLinkAboutWQCS00268_NOI NOV2019DV0242_20190529DocuSign Envelope ID: F1023BA9-B2D4-46D4-9294-3EEE50C29DEF ROY COOPER Cow -mar MICHAEL S. REGAN Secretary LINDA CULPEPPER Crr�rra 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 NorthCaroLnaDepartmentoftnvironmeatailQaadrty I DWsion of Water ResoLE roes r, Wilmington Reg •3ea-Offra 1 127 CArdlnalDrive!Extension I WINmington, North Caro --ra2$405 �'T._..... 910-796-7215 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 Upload to Laserfiche -x North CafoLnaDepartment offnvironmeata3Quality I DiuisionofWater Resouroes r, Wilmington RegiairaIOffice 127 CArdlnalDFivefxtension I WiNmington, North Caro:ina23405 �'T °y $10-796-7215