WQCS00060_NOV-2022-DV-0051_20220214

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Certified Mali # 7020 3160 0000 4109 5206
Return Receipt Requested
Rick J Hester, County Manager
Johnston County Public Utilities
PO Box 2263
Smithfield, NC 27577-2263
NORTH CAROLINA
Environmental Quality
February 14, 2022
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2022-DV-0051
Sanitary Sewer Overflows - January 2022
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:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202200120 1/19/2022 30 5935 Raleigh Road, Other, Pipe Failure 3,200 3,200 Notice of Violation -
Benson (Break) Notice of Intent
.11...E,9s)
North Carolina Department of Environmental Quality Division of water Resources
Raleigh Regional Office 13800 Banen Drive I Raleigh North Camino 27609
919.7%4200

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].
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Cc: Raleigh Regional Office - WQS File
Laserfiche
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional 0ffke ! 38008vrett Drive Raleigh, North Carolina 27609
919291.4200