WQCS00065_NOV and Intent to Assess_20190625

SrAlre
ROY COOPER
K41CHAEL S.REGAN �u
LINDA CULPEPPER NORTH CAROL INA
CUM toy €nvirvnmenml Quallry
CERTIFIED MAIL: 7011 1570 0001 8546 4099
RETURN RECEIPT REQUESTED
June 25, 2019
Frankie Maness, City Manager
City of Graham
PO Drawer 357
Graham, NC 27253-0357
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0265
Sanitary Sewer Overflows - April 2019
Collection System Permit No. WQCS00065
Graham Collection System
Alamance 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 Graham. The Division's Winston-Salem Regional Office concludes that the City of Graham violated Permit
Condition I (2) of Permit No. WQCS00065 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 Winston-Salem Regional Office is providing the City of Graham an opportunity to provide evidence and
justification as to why the City of Graham 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 (Minn) Location Cause (Gals) (Gals) DWR Action
201900761 4/12/2019 75 1125 Ingold Drive Boyd Severe Natural 5,250 5,250 Notice of Intent
Crk PS Condition
201900762 4/13/2019 300 1125 Ingold Drive Boyd Severe Natural 14,034 14,034 Notice of Intent
Crk PS Condition
Xorth Caronna Deps rtment of Environmental Quality I Dioision of Water Resources
WinsbanSalemR.,onsaOfl-ice 1 450 West HanesWll Road.Swte30D I WinsbonSalern, North Caroina271D5
�� 336-776-9300

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 [e-mail].
Sincerely,
Doc uS�igfned by:
-4'B49E225C94EA...
Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Winston-Salem Regional Office - WQS File
Xorth Ca rokka Deps rt ment of Environ mental Quality I Dioision of Water Resources
WinsbonSalem R fl+ansa Office 1 450 West}Eaves M 11 Road,Swte 30D I WinsbonSaJern, North Carom$27105
�,•� 336-776-.OLI�5
O