WQCS00018_NOV and Intent to Assess_20190916

ROY COOPER
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K41C IAEL S. REGAN
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LINDA CULPEPPER
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NORTH CAROL INA
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CERTIFIED MAIL: 7011 1570 0001 8546 4372
RETURN RECEIPT REQUESTED
September 16, 2019
Brad Corcoran, City Manager
City of Eden
PO Box 70
Eden, NC 27289-0070
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0367
Sanitary Sewer Overflows - July 2019
Collection System Permit No. WQCS00018
Eden Collection System
Rockingham 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 Eden. The Division's Winston-Salem Regional Office concludes that the City of Eden violated Permit
Condition I (2) of Permit No. WQCS00018 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 Eden an opportunity to provide evidence and
justification as to why the City of Eden 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
201901240 7/16/2019 392 East of 676 Lynrock Other 4,000 4,000 Notice of Intent
Street
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
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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 Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sincerely,
DocuSiigned by,
f
ori4°gf, 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 rosins Deps rtment of Environmental Quality I Dioision of Water Resources
WinsbonSaiem R fl+ansa Office 1 450 West Hafies Will Road, Swte 30D I WinstonSaJern, North Carolifka 27105
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