WQCS00025_NOI NOV-2019-DV-0366_20190916

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LINDA CULPEPPER
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CERTIFIED MAIL: 7011 1570 0001 8546 4365
RETURN RECEIPT REQUESTED
September 16, 2019
John N Ogburn, III
City of Asheboro
PO Box 1106
Asheboro, NC 27204-1106
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2019-DV-0366
Sanitary Sewer Overflows - July 2019
Collection System Permit No. WQCS00025
Asheboro Collection System
Randolph 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 Asheboro. The Division's Winston-Salem Regional Office concludes that the City of Asheboro violated
Permit Condition I (2) of Permit No. WQCS00025 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 Asheboro an opportunity to provide evidence and
justification as to why the City of Asheboro should not be assessed a civil penalty for the violation(s) that are
summarized below:
Incident Start
Number Date
201901275 7/23/2019
Duration
(Mins) Location Cause
61 1129 E Mine St LS#3 Inflow and Infiltration
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
3,775 3,775 Notice of Intent
Xorth Caronna Deps rtment of Environmental Quality I dioision of Water Resources
WinsbanSalemRs.,onaJOffice 1450 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 ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Ron Boone with the Water Quality Section in the
Winston-Salem Regional Office at 336-776-9800 or via email at [e-mail].
Sinker&dfd by:
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Lont. §nic%r, Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDEQ
cc: Winston-Salem Regional Office - WQS File
North Carokka Department of Environmental Quality I DhAsion of Water Resources
WinsrtonSaiem Regionsa Office 14W West lanes Will Road, Swte 3W I WinstonSaJern, North Carom$ 27105
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