WQCS00064_NOV and Intent to Assess_20190813

ROY COOPER
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MICHAEL S. REGAN
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LINDA CULPEPPER
CERTIFIED MAIL: 701
RETURN RECEIPT REQ
iTAIC
NORTH CAROLINA
Environmrnral Quality
3S60 0000 4428 4402
JESTED
August 13, 2019
Drew Havens, Assistant Town Manager
Town of Apex
PO Box 250
Apex, NC 27502
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0313
Sanitary Sewer Overflows — April, May, June 2-019
Collection System Permit No. WQCS00064
Apex Collection System
Wake County
Dear Mr. Havens:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Town of Apex. The Division's Raleigh Regional Office concludes that the Town of Apex violated Permit Condition I
(2) of Permit No. WQCS00064 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 Town of Apex an opportunity to provide evidence and justification as
to why the Town of Apex 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 (Mins) Location Cause (Gals) (Gals) DWR Action
201900685 4/7/2019 200 1204 Shackleton Drive, Debris in line 32,400 32,400 Notice of Violation -
Apex Notice of Intent
201901102 6/24/2019 225 2030 Lauren Duncan Rd Other 17,382 17,382 Notice of Violation -
Apex Notice of Intent
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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 Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
Sincerely,
armllot A -
Rick Bolich, L.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
t: Raleigh Regional Office - WQS File
Central Files, Water Quality Section