WQCS00060_DV-2022-0057_20220613

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Certified Mail # 7020 3160 0000 4109 5985
Return Receipt Requested
Chandra C Farmer, PE, Director of Utilities
Johnston County Public Utilities
PO Box 2263
Smithfield, NC 27577-2263
NORTH CAROLINA
Environmental Quality
June 13, 2022
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(1)
and Collection System Permit No. WQCS00060
Johnston County Public Utilities
Johnston County Collection System
Case No. DV-2022-0057
Johnston County
Dear Ms. Farmer:
This letter transmits a Notice of Violation and assessment of civil penalty in the amount of $536.57 ($500.00 civil penalty +
$36.57 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, I 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. I (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).
North Carolina Department of ErMronmental Quality I Division of Water Resources
RakghRegional Office 13800 Barrett Drive I Raleigh, North CUrolna27609
919.79LA700

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:
$500.00 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.
$500.00 TOTAL CIVIL PENALTY
$36.57 Enforcement Costs
$536.57 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B-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

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 143B-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 remission, y ou must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, 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 Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
1628 Mail Service Center, Raleigh
Raleigh, NC 27699-1628

Option 3: File a petition for an administrative hearinE with 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 §150B-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/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office of Administrative Hearings are as follows:
6714 Mail Service Center
Raleigh, NC 27699 6714
Tel: [phone]
Fax: [phone]
One (I) 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 [e-mail].
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
Laserfiche

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0057
Assessed Party: Johnston County Public Utilities
Permit No.: WQCS00060
County: Johnston
Amount Assessed: $536.57
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 Facts" 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. § 143B-282.1(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-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (ie., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(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
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF JOHNSTON
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
Johnston County Public Utilities
Johnston County Collection System
PERMIT NO. WQCS00060
) WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
)
)
)
) CASE NO. DV-2022-0057
Having been assessed civil penalties totaling $536.57 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated June 13, 2022, 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
SIGNATURE
ADDRESS
TELEPHONE

ATTACHMENT A
Johnston County Public Utilities
CASE NUMBER: DV-2022-0057
PERMIT NO: WQCS00060
FACILITY: Johnston County Collection System
Other Violations
INCIDENT VIOLATION
NUMBER DATE VIOLATION TYPE
REGION: Raleigh
COUNTY: Johnston
VIOLATION DESCRIPTION
TOTAL VOLUME PENALTY
(GALLONS) AMOUNT
202200120 1/19/2022 CSO/SSO(Sewer Overflow) Discharge without valid permit 3,200 $500.00

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT
Violator: Johnston County Public Utilities
Facility Name: Johnston County Collection System
Permit Number: WOCS00060
County: Johnston
Case Number: DV-2022-0057
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;
3200 gallons of sewage leaked from a cracked bell joint on a PVC FM. All 3200 gallons flowed into Beaverdam Creek, a
WS-IV; NSW in the Neuse River Basin. Increased nutrients and pathogens to surface waters.
2) The duration and gravity of the violation;
The SSO started on 01.19.2022 at 11:45 am and ended the same day at 12:15 pm. Increased nutrients and pathogens to
surface waters.
3) The effect on ground or surface water quantity or quality or on air quality;
Increased nutrients and pathogens to surface waters. Ca Ca k. S,e w c.%v 4„ Q1 ld 4) S r. ,f 1i )[�
4) The cost of rectifying the damage; �I
The cost of rectifying the damage is not given.
5) The amount of money saved by noncompliance;
It appears that no money was saved by the noncompliance.
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;
There have been 2 enforcements within the past 12 months.
8) The cost to the State of the enforcement procedures.
$36.57
(D -13- az
Date Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

DWR
DMilon of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
Collection System Sanitary Sewer Overflow Reporting Form
Form CS-SSO
PART I:
This form shall be submitted to the appropriate DWQ Regional Office within five business days of the first knowledge of the
sanitary sewer overflow (SSO).
Permit Number: WQCS00060 (WQCS# if active, otherwise use WQCSD#)
Facility: Johnston County Collection System Incident #: 202200120
Owner: Johnston County Public Utilities
City: Benson County: Johnston
Region: Raleigh
Source of SSO (check applicable): ❑ Sanitary Sewer Q Pump Station / Lift Station
SPECIFIC location of the SSO (be consistent in description from past reports or documentation - i.e. Pump Station 6,
Manhole at Westall & Bragg Street, etc): 5935 Raleigh Road, Benson
Manhole #:
Latitude (Decimal Degrees): Longitude (Decimal Degrees):
Incident Started Dt:. 01/19/2022 Time: 11:45 am Incident End Dt: 01/19/2022 Time: 12:15 pm
(mm-dd-yyyy) (hh:mm AM/PM) mm-dd-yyyy) (hh:mm AM/PM)
Estimated Volume of the SSO: 3,200
gallons Estimated Duration (Round to nearest hour): 0:30 hours
Describe how the volume was determined: estimated
Weather conditions during the SSO event: clear
Did SSO reach surface waters? [l Yes ❑ No ❑ Unknown
Surface water name: Beaverdam Creek
Volume reaching surface waters (gals): 3200
Did the SSO result in a fish kill? ❑ Yes 0 No 0 Unknown If Yes, what is the estimated number of fish killed? 0
SPECIFIC cause(s) of the SSO:
E. Other (Please explai [l Pipe Failure (Break)
24 hour verbal notification (name of person contacted ): Alys K Hannum
O DWR ❑ Emergency Mgmt Date (mm-dd-yyy): 01/19/2022 Time (hh:mm AM/PM): 11:45:00 am
If an SSO is ongoing, please notify the appropriate Regional Office on a daily basis until SSO can be stopped.
Per G.S. 143-215.1C(b), the responsible party of a discharge of 1,000 or more of untreated wastewater to surface waters
shall issue a press release within 24-hours of first knowledge to all print and electronic news media providing general
coverage in the county where the discharge occurred. When 15,000 gallons or more of untreated wastewater enters surface
waters a public notice shall be published within 10 days and proof of publication shall be provided to the Division within 30
days. Refer to the reference statute for further detail.
The Director. Division of Water Resources, may take enforcement action for SSOs that are required to be reported to
Division unless it is demonstrated that:
1) the discharge was cause by sever natural conditions and there were no feasible alternative to the discharge; or
2) the discharge was exceptional, unintentional, temporary and caused by factors beyond the reasonable control of the
Permittee and/or owner, and the discharge could not have been prevented by the exercise of reasonable control.
Part II must be completed to provide a justification claim for either of the above situations. This information will be the basis
WHETHER OR NOT PART III IS COMPLETED, A SIGNATURE IS REQUIRED AT THE END OF THIS FORM
CS-SSO Form
Page: 1

PART II:
ANSWER THE FOLLOWING QUESTIONS FOR EACH RELATED CAUSE CHECKED IN PART I OF THIS FORM AND
INCLUDE THE APPROPRIATE DOCUMENTATION AS REQUIRED OR DESIRED
COMPLETE ONLY THOSE SECTONS PERTAINING TO THE CAUSE OF THE SSO AS CHECKED IN PART I
(In the check boxes below, NA = Not Applicable and NE = Not Evaluated)
A HARDCOPY OF THIS FORM SHOULD BE SUBMITTED TO THE APPROPRIATE DWR REGIONAL OFFICE UNLESS IS
Other (Please explain in Part IQ
Describe:
The 4" sewer force main was cracked at the bell end of the pipe causing it to leak.
Were adequate equipment and resources available to fix the problem? WI Yes D No D NA ❑ NE
If Yes, explain:
Upon arriving. cut off the sewer lift station and held the flow in the well. Closed closest main line valve and initiated the foi
main repair. Cut out bad bell and replaced with new PVC pipe. Placed station back into operation.
If the problem could not be immediately repaired, what actions were taken to lessen
the impact of the SSO?
Comments:
Recovered approximately 800 gallons via reverse gravity back to the lift station.
Pipe Failure (Break)
Pipe size (inches)
4 inch
What is the pipe material?
PVC
What is the approximate age of line/pipe? (years old)
21 years old
Is this a gravity line? E Yes 171 No ❑ NA D NE
Is this a force main line? 171 Yes D No C NA E NE
Is the line a "High Priority" line? D Yes 121 No ❑ NA D NE
Last inspection date and findings
N/A - The high school personnel are around this force main each day (as it runs around the perimeter of their ball fields)
If a force main then,
Was the break on the force main veritical? ❑ Yes WI No ❑ NA 0 NE
Was the break on the force main horizantal? WI Yes ❑ No D NA ❑ NE
CS-SSO Form Page: 2

Was the leak at the joint due to gasket failure? ❑ Yes WI No l NA D NE
Was the leak at the joint due to split bell? 171 Yes No D NA C NE
When was the last inspection or test of the nearest air -release valve to determine of
operable?
July 2021
When was the last maintenace of the air release performed?
August 2018
If gravity sewer then,
Does the line receive flow from a force main immediately upstream of the failed secti, 17 Yes D No D NA C NE
of pipe?
If yes, what measures are taken to control the hydrogen sulfide production?
Well has a mixer pump to minimize hydrogen sulfide
When was the line last inspected or videoed?
N/A its a force main
If line collapsed, what is the condition of the line up and down stream of the failure?
What type of repair was made?
cut out damaged pipe bell and replaced approximately 4 feet of PVC pipe
Is the repair temporary or permanent?
permanent
If temporary, when is the permanent repair planned?
Have there been other failures of this line in the past five years? E Yes 17 No D NA ❑ NE
If so, then describe
System Visitation
ORC 17 Yes
Backup 171 Yes
Name:
James W Davis
Cert#
1005840
Date visited:
01/19/2022
CS-SSO Form Page: 3

Time visited:
11:45 am - 5:00 pm
How was the SSO remediated (Le. Stopped and cleaned up)?
Upon arriving. cut off the sewer lift station and held the flow in the well. Closed closest main line valve and initiated the for
main repair. Cut out bad bell and replaced with new PVC pipe. Placed station back into operation.
As a representative for the responsible party, I certify that the information contained in this report is true and accurate to the
best of my knowledge.
Person submitting claim: James W Davis Date: 01/19/22 04:22 pm
Signature: Title:
Telephone Number:
Any addition information desired to be submitted should be sent to the appropriate Division Regional Office within five days of i
knowledge of the SSO with reference to the incident number (the incident number is only generated when electronic entry of th
form is completed, if used).
CS-SSO Form Page: 4

jolt/mom
DEPARTMENT OF PUBLIC UTILITIES
PO BOX 2263
SMITHFIELD, NC 27577
[phone]
February 23, 2022
Mr. Scott Vinson
Raleigh Regional Office
NCDEQ DWR
1628 Mail Service Center
Raleigh, NC 27699-1628
Re: Response to NOV-2022-DV 0051
Permit No. WQCS00060 -Johnston County Collection System
Dear Mr. Vinson:
In response to NOV-2022-DV-0051, the County offers the following information:
Jncident Number 202200120:
• Staff at Johnston County Public Utilities received a call at approximately 11:45 am on January 19,
2021 about a potential sewer main leak on the West Johnston High School site.
• Johnston County staff immediately responded and arrived on the site at 12:15 pm.
• Upon arriving to the site, staff identified the problem was on the force main from the
wastewater pump station that serves the school site.
• The pump station was shut-off immediately stopping the sewer spill.
• County staff used parts available at the County's maintenance shop to repair a cracked bell on a
joint of the PVC force main.
• After repair, staff lightly limed the area.
• The accidental and unintentional spill was a result of mechanical failure of the force main pipe
material. The County had no means to predict the potential failure of this force main.
Johnston County works aggressively to prevent sanitary sewer overflows and help protect the waters of
our area. Preventative measures include the following:
• Extensive staff training ensures staff is prepared for system operation and response related to
potential sewer spills.
• Staff use laptops to log into the SCADA system and monitor system operation from any location.
• Furthermore, staff is on -call and prepared to respond to any event.
• The County maintains an in-house supply of repair materials for all pipe sizes and many
electrical components and Implements a detailed protocol for emergency response.
• The County maintains a close working relationship with several local contractors who provide
emergency response repairs, as needed.
Johnston County takes seriously our responsibility to protect public health and the environment and
strives to prevent sewer spills. Please contact me at [phone] or

Page 2
Mr. Vinson
February 23, 2022
chandra.farmerelohnstonitc,com If you have any questions or need additional information regarding
this issue.
Sincerely,
Cluvodu.. Cod.
Chandra C. Farmer, PE
Director of Utilities
cc: Rick J. Hester, County Manager
Eric Herron, Johnston County
Vanessa Manuel, Raleigh Regional Office
Mitchell Hayes, Raleigh Regional Office

ROY COOPER
Govnnar
ELIZABETH S. BISER
seawary
S. DANIEL SMITH
Director
Certified Mail * 7220 ow 0000 4109 5206
Rick J Hester, County Manager
Johnston County Public Utilities
PO Box 2263
Smithfield, NC 27577-2263
NORTH
Environmental Q
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. WQC S00060 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 (Nino) Location
Cause
Total Vol
Total Surface
Vol Water
(Gads) (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
NorthCorcanDellonmem«F wleallsy Meow aruarrReaaatna
Rakljr R.lke Ballet I MOO linen DO* 1 WepANorth arair 216o,
N91% coo

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 dvil 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, flsh kills or recreational area dosures. Other factors
considered In determining the amount of the dvil 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.hayesr'ncdenr.gov.
Sincerely,
.* Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
North Carcass 0epr1eareor ain:maidpuity o1.0onafMier become
PAW' Re6foreoloRlc, I MOOIoy DO* *ski"Neeekc.o6erS160f
,r

ROY COOPER
Governor
ELIZABETH S. BISER
secretory
S. DANIEL SMITH
Director
Cintifies1 Mall # 702D MD 0000 4109 527S
BALIELLPAILAILLRMISIEW
Rick ] Hester, County Manager
Johnston County Public Utilities
PO Box 2263
Smithfield, NC 27577-2263
NORTH CAROLINA
Environmental Quality
February 17, 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 1 (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:
Inddent 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
North Cambia o.parurn otFralronmatul oalry I Division at Water Remoras
RAMO RagiruI Waco I WOO Barrett Orb* 1 RaklpA North Carolina 27609
919.7916200

SENDER: COMPLETE THIS SECTION
CO!'.,1PLEIE THIS SECTION ON DELIVERY
■ Complete Items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front If space permits.
1. Article Addressed tcc
RICK 1. HESTER, COUNTY MANAGER
JOHNSTON COUNTY PUBUC UTIUTIES
PO BOX 2263
SMITHFIELD, NC 27577-2263
NOV-2022-DY•0051 / NOV-INTENT TO ASSESS / 20220216
JOHNSTON COUNTY CS / WCICS00060/JOHNSTON COUNTY
REC: 7020 3160 0000 4109 5275 / M 02/17/2022
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or on the front 11 space permits.
1. Article Addressed to:
It.C.K J. HESTER, COUNTY MANAGER
IOHNSTON COUNTY PUBLIC UTILITIES
PO BOX 2263
SMITHFIELD, NC 27577-2263
NOV-2022-DV-0053 / NOV-I
RALEIGH CO
2/ WAKE COUNTY
REC. 020 3160 0000 r 109 5220 / M 02/14/2022
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PS Form 3811, July 2020 MN 76304N-000.9053
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RICK 1. HESTER, COUNTY MANAGER
JOHNSTON COUNTY PUBLIC UTILITIES
PO BOX 2263
SMITHFIELD, NC 27577-2263
NOV-2022-13V•0051 / NOV-INTENT TO ASSESS / 20220218
JOHNSTON COUNTY CS / WQCS00060 / JOHNSTON COUNTY
REC: 7020 3160 0000 4109 5275 / M 02/17/2022
PS Form 3806, April 2015 PSf: 75300200C 9611 See f;everse for instructions

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Permit Enforcement History Details by Owner
Johnston County Public Utilities
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DV-2022-002:
Total Balance Due : $0.00
Sum Of Total Paid:$11,921.23
Total Enforcement Cost: $321.23
Total Penalty Amount: $11,600
Total Cases:
Total Penalties After Remissions : $11,921.23
Sum of Total Case Penalties: $11,921.23

(-Related Permits
CS Details
Comments History Inspections ' incidents
Enforcements
' Violations
i Details 1
Details 2 Billing Class.iDesig.
Permit
WQCS00060
Version:
Events
3.0
Permit Type: Collection system management and operation
Permit Classification: Individual
Program Category: Non -discharge
Facility:
Owner.
Issued:
Effective:
Expire:
SOC:
Last Updated By:
Reg. Activities Affiliations
Status:
Active
Primary Related Permit
Johnston County Collection System
getaiis...
Johnston County Public Utilities
Dgtaiis...
11105/2014
05/01/2015
04/30/2023
— Dates —
Orig Issued:
Statutory:
Inactive:
Details...
01/18/2002
01/2712015
bimsprod.cron
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Admin Region: Raleigh
County: Johnston
Project Type: Renewal
❑✓ Major Permit
❑ Has Subsurface Drains
Q New Farm 0 Existing Farm
❑ Innovative
❑ Rainbreaker Device
❑ OIC Present
Last Updated On:
Ira
Farm 1
Avail. Acre:
5/1/2015 1:33 AM