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HomeMy WebLinkAboutWQCS00003_NOI NOV-2019-DV-0360_20190916ROY COOPER bow-rilor K41C IAEL S. REGAN 5erretrrry LINDA CULPEPPER CUM toy NORTH CAROL INA €nvir nMental Qual" CERTIFIED MAIL: 7011 1570 0001 8546 4310 RETURN RECEIPT REQUESTED September 16, 2019 Courtney Driver, Director Utilities of City of Winston-Salem PO Box 2511 Winston Salem, NC 27102 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2019-DV-0360 Sanitary Sewer Overflows - June 2019 Collection System Permit No. WQCS00003 Winston-Salem Collection System Forsyth 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 Winston-Salem. The Division's Winston-Salem Regional Office concludes that the City of Winston-Salem violated Permit Condition I (2) of Permit No. WQCS00003 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 Winston-Salem an opportunity to provide evidence and justification as to why the City of Winston-Salem 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 201901074 6/15/2019 560 2625 Gould St Debris in line 23,850 11,952 Notice of Intent 201901121 6/27/2019 120 Jersey Ave & Pilot View Debris in line 20 20 No Further Action St Xorth Caronna Deps rtment of Environmental Quality I Dioision of Water Resources WinsbanSalemR .,onsaOfi-ice 1 450 West HanesWill Road. Swte30D I WinstonSaJern, WrthCarof,na27105 � �,•�� ,336-776-.OLI�5 O Incident Start Number Date Duration (Mins) Location Cause 201901125 6/29/2019 30 200 Evergreen Drive Roots Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 75 75 No Further Action 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 ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. This office requests that you respond to this Notice, in writing, within 10 business days of its receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other actions taken to prevent the recurrence of similar situations. The response to this correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance. If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the Winston-Salem Regional Office at 336-776-9800 or via email at ron.boone@ncdenr.gov. Sincerely, Docu Siiggned by: �A. l on"T'Si?WY, Regional Supervisor Water Quality Regional Operations Section Winston-Salem Regional Office Division of Water Resources, NCDEQ cc: Winston-Salem Regional Office - WQS File North Carokka Department of Environmental Quality i DhAsion of Water Resources D_ E WinsbonSaiem Regionsa Office i 4W West lanes Will Road, Swte 3W i WinstonSaJern, North Carom$ 27105 335-776-9WO