WQCS00060_DV-2020-0082 CPA_20200810

r
ROY COOPER
C'n re ew,
MICHAEL S. REGAN
sevrt•rary
5. DANIEL SMITH
D+r,� far
Certified Mail # 7016 3560 0000 4428 7328
Return Receipt Reguested
Chandra C Farmer, PE, Director of Utilities
Johnston County Public Utilities
PO Box 2263
Smithfield, NC 27577-2263
.13
NOR TH CAROLI NA
Fnvironmenlaf QuaUfy
August 10, 2020
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and Collection System Permit No_ WQCS00060
Johnston County Public Utilities
Johnston County Collection System
Case No. DV-2020-0082
Johnston County
Dear Ms. Farmer:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of S785.01 (S750.00 civil penalty +
$35.01 enforcement costs) against Johnston County Public Utilities.
This assessment is based upon the following facts: a review has been conducted of the Sanitary Sewer Overflow (SSO)
5-Day Report submitted by Johnston County Public Utilities. This review has shown the subject facility to be in violation of
the requirements found in Collection System Permit No. WQCS00060 and G.S. 143-215.1(a)(1). The violation(s) that
occurred are summarized in Attachment A to this letter.
Based upon the above facts, 1 conclude as a matter of law that Johnston County Public Utilities violated the terms,
conditions or requirements of Collection System Permit No. WQCS00060 and G.S. 143-215.1(a)(1) in the manner and
extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty
may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S.
143-215.1(a).
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Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the
Secretary of the Department of Environmental Quality and the Director of the Division of Water Resources, I, Scott
Vinson, Regional Supervisor, Raleigh Regional Office hereby make the following civil penalty assessment against
Johnston County Public Utilities:
S750.00 For 1 of the 1 violations of Collection System Permit No. WQCS00060 and G.S. 143-215.1(a)(1) for
Sanitary Sewer Overflow(s) resulting in a discharge without a valid permit.
S750.00 TOTAL CIVIL PENALTY
S35.01 Enforcement Costs
785.01 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the bindings of Fact and
Conclusions of Law and the factors set forth at G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not include waiver
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of.
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

PO -
Option 2: Submit a written request for remission or mitigation including a detailed justification for such
request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director, Therefore, it is very important that you prepare a complete and
thorough statement in support of your request for remission.
In order to request remissionyou must coml2lete and submit the enclosed "Request for Remission of Civil Penalties
Waiver of Right to an Administrative Hearin* and Stipulation of Facts" form within thirty 30 days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be submitted to the following address:
Attn: PERCS Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
AND
Scott Vinson, Regional Super•-isor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: rile a petition for an administrative hearing ►rith the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document, you must file a petition for an administrative
hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §15013-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and.ior the details of the
filing r�ocess.
The mailing address and telephone and fax numbers for the Office of Administrative I learings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal
date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Mitchell Hayes with the Division of Water Resources staff of the Raleigh
Regional Office at [phone] or via email at mitch.hayes�Li.ncdenr.gov.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Raleigh Regional Office - Enforcement File
L.aserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2020-0082 County • Johnston
Assessed Party: Johnston County Public Utilities
Permit No.: WQCS00060 Amount :lssessed: 5755.01
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of'Focts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 1=43B-282.I(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N,C,G,S. 143B-2S2. I (b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the c•ii,il penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent f mire occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain trhv the violation it -as unavoidable or
somethingyou could not prevent or prepare fo1);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
host' payment of the civil penalty frill prevent you f'om peiybo-rang the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT ) NVAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE [-TEARING AND
STIPULATION OF FACTS
Johnston County Public Utilities )
Johnston County Collection System )
PERMIT NO. WQCS00060 ) CASE NO. DV-2020-0082
Having been assessed civil penalties totaling S785.01 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated August 10, 2020, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (30) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of , 20
ADDRESS
TELEPHONE
SIGNATURE

ATTACHMENT A
Johnston County Public Utilities
CASE NUMBER: DV-2020-0082
PERMIT NO: WOCS00060
FACILITY: Johnston County Collection System
Other Violations
REGION: Raleigh
COUNTY: Johnston
INCIDENT
VIOLATION
TOTAL VOLUME
PENALTY
NUMBER
DATE VIOLATION TYPE VIOLATION DESCRIPTION
(GALLONS)
AMOUNT
202000711
2/18/2020 CSOISSO(Sewer Overflow) Discharge without valid permit
45,000
$750.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Johnston Countv Public Utilities
Facility Name: Johnston County Collection System
Permit Number: WOCS00060
County-: Johnston
Case Number: DV-2020-0082
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private
property resulting from the violation;
45,000 gallons overflowed from a pipe break and all volume went to a low, lying wetland area. None made it to Swift
Creek. Nutrients and pathogens to wetland area.
2) The duration and gravity of the violation;
The SSO started on 02.1412020 at 2:45 and ended the same day at 5:00 pm.
3) The effect on ground or surface water quantity or quality or on air quality;
The effect on water quality include increased nutrients and pathogens.
4) The cost of rectifying the damage;
Small hole in 12" FM. Collected in low-lying area, Bermed and pumped. None to Swift Creek. Staff recovered 315,000 of
wastewater/rainwater/standing water. Limed area. Remediation: $54,715. Contract went out and was completed
replacing this and other similar areas. Total remediation and construction cost $87,069.
5) The amount of money saved by noncompliance;
It is believed that no money was saved by the noncompliance. t�'M C�
6) Whether the violation was committed willfully or intentionally;
It does not appear that the violation was committed willfully or intentionally.
7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority;
DV-2019-0133, DV-2017-0041, DV-2012-0012.
8) The cost to the State of the enforcement procedures.
$35.01
�zn
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
ati• • • raa• a ra �'I'•TTl1