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HomeMy WebLinkAboutWQCS00166_NOV NOI NOV-2020-PC-0471_20201026ROY COOPER. Covanor MICHAEL S. REGAN. Secretary S. DANIEL SMITH 1Nrectvr NORTH CAROLINA Environmental Quality CERTIFIED MAIL: 7019 0700 0000 3643 4718 RETURN RECEIPT REQUESTED October 26, 2020 Paula Stewart, County Manager Harnett County PO Box 759 Lillington, NC 27546-0759 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2020-DV-0471 Sanitary Sewer Overflows - September 2020 Collection System Permit No. WQCS00166 Harnett County Collection System Harnett County Dear Permittee: A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by Harnett County. The Division's Fayetteville. Regional Office concludes that the Harnett County violated Permit Condition I (2) of Permit No. WQCS00166 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 SS0 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 Fayetteville Regional Office is providing the Harnett County an opportunity to provide evidence and justification as to why the Harnett County 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 202002553 9/3/2020 60 Manhole at Neils Creek Grease 1,000 0 Notice of Violation Road and Weeping Willow 202002691 9/25/2020 450 82 Tower View Lane, Severe Natural 2,250 2,200 Notice of Violation Lift Station #22 Condition i None .ara,na Department of ErtVronrn ate. ;Zt FayettEv4se Reg'cnai Offoe 225 Groan SY _at. 91D<3S-3200 Dins+nn ofWater Resource e 714 1 Fsysitaw,4, North :zrouine 3i Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202002708 9/29/2020 30 656 Buffalo Lake Rd Pipe Failure (Break) 2,000 0 Notice of Violation 202002710 9/29/2020 120 SLS 1, 413 Denise St Severe Natural Condition 1,200 1,200 Notice of Violation 202002711 9/29/2020 225 SLS 26 4911 Bunnlevel Power Outage Erwin RD 1,500 1,500 Notice of Violation 202002713 9/29/2020 240 90 Moore St SLS 135 Power Outage 4,800 4,800 Notice of Violation 202002714 9/29/2020 690 SLS 22 82 Tower View Power Outage Lane 3,500 3,500 Notice of Violation 202002715 9/30/2020 195 105 W. D Street Severe Natural 2,000 2,000 Notice of Violation Condition 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 Chad Turlington with the Water Quality Section in the Fayetteville Regional Office at 910-433-3300 or via email at chad.turlington@ncdenr.gov. Sincerely, rpocuslgned by: "-5189C2D30D5C42B... J. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ Cc: FayettevilleRegionalOffice - CT Kenny Fail — Harnett Regional Water (email) Steve Ward — Harnett Regional Water (email) s Department of EnwG:mente! Quassu I Diwson of Wets Rewmces Fayettaw4 Regorte; Office 228 Green Stfaet, Ste 714 FaiMteniOe. Nod, Cito 283G1 9104334800