WQCS00060_NOV-2020-DV-0410 NOI_20200914

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CERTIFIED MAIL: 7017 0190 0000 9569 8237
RETURN RECEIPT REQUESTED
September 14, 2020
Rick J Hester, County Manager
Johnston County Public Utilities
PO Box 2263
Smithfield, NC 27577-2263
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0410
Sanitary Sewer Overflows - August 2020
Collection System Permit No. WQCS00060
Johnston County Collection System
Johnston County
Dear Mr. Hester:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Johnston County Public Utilities. The Division's Raleigh Regional Office concludes that the Johnston County Public
Utilities violated Permit Condition I (2) of Permit No. WQCS00060 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 Johnston County Public Utilities an opportunity to provide evidence and
justification as to why the Johnston County Public Utilities 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
202002530 8/31/2020 30
300 Royalty Ct. inflow and
Dutch's Downs Pump Infiltration, Severe
Station Natural Condition
1,500 1,500 Notice of Violation -
Notice of Intent

Incident
Start
Duration
Number
Date
(Minn)
Location
Cause
202002531
8/31/2020
360
Holt Lake Sewer PS,
Inflow and
560 Wilkins Road, Four
Infiltration, Severe
Oaks
Natural Condition
202002532
8/31/2020
300
Maycraft PS 96 Hillsboro Inflow and
Rd. and Four Oaks Rd.
Infiltration, Severe
Natural Condition
202002533 8/31/2020 300 Devil's Racetrack P5,
Inflow and
747 Devil's Racetrack
Infiltration, Severe
Road & Four Oaks Rd.
Natural Condition
202002534 8/31/2020 960 Four Oaks PS, 400
Inflow and
Fawn Brook Drive, Fouf
Infiltration, Severe
Oaks
Natural Condition
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
37,500 37,500
Notice of Violation -
Notice of Intent
15,000 15,000 Notice of Violation -
Notice of Intent
10,000 10,000 Notice of Violation -
Notice of Intent
78,000 78,000 Notice of Violation -
Notice of Intent
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 [e-mail].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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