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HomeMy WebLinkAboutWQCS00372_NOV-2020-DV-0404_20200914ROY COOPER t:mwnrx � htICrEA1;L S REGAN mar Satrcr.iry , �.w '" S. DANIEL SMITH NCRTlI CARD. iNA Am.1 Pnr Environmental Quality CERTIFIED MAIL: 7017 0190 0000 9569 817 RETURN RECEIPT REQUESTED September 14, 2020 Michael J Myers, President Old North State Water Company LLC 4700 Homewood Ct Ste. 108 Raleigh, NC 27609 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0404 Sanitary Sewer Overflows - August 2020 Collection System Permit No. WQCS00372 Briar Chapel Collection System Chatham County Dear Mr. Myers: A review has been conducted -of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by Old North State Water Company LLC. The Division's Raleigh Regional Office concludes that the Old North State Water Company LLC violated Permit Condition I (2) of Permit No. WQCS00372 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 Old North State Water Company LLC an opportunity to provide evidence and justification as to why the Old North State Water Company LLC 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 202002456 8/20/2020 72 Pump Station 8, Debris in line, Pump 800 500 Notice of Violation - Quarter Gate Trace station equipment Notice of Intent fagure . LimOF Q =}e# •;L t ;•+�4 . ii 4'. k. -J k j si : 'i��x_x 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 mitch. hayesncdenr.gov. Sincerely, 'W W i Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Cc: Raleigh Regional Office - WQS File Laser fiche =1�