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HomeMy WebLinkAboutWQCS00166_NOV-2022-DV-0219 NOI_20220810ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 1810 0002 1109 1827 Return Receipt Requested Brent Trout, County Manager Harnett County PO Box 759 Lillington, NC 27546-1119 NORTH CAROLINA Environmental Quality August 10, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0219 Sanitary Sewer Overflows - July 2022 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 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 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: Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202201084 7/9/2022 90 413 S. Denise St. SLS Severe Natural #1 Condition 3,600 3,600 Notice of Violation 202201085 7/9/2022 150 SLS 4, 455 Fleming Severe Natural 4,500 0 Notice of Violation Road Condition North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street. Suite 714 I Fayetteville, North Carolina 28301 910.433.330E Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202201127 7/15/2022 190 SLS 4, 455 Fleming Severe Natural Road Condition 7,000 7,000 Notice of Violation 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, 1-DocuSignedd by: Q 5189C2D3DD5C42B... J. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ Cc: Fayetteville Regional Office - CT Steve Ward — Harnett Regional Water (email) Kenny Fail — Harnett Regional Water (email) LD_E o.o.�.m nr�.vo�muiowu� North Carolina Department of Environmental Quality I Division of Water Resources FayetteviEle Regional Office 1225 Green Street. Suite 714 I Fayetteville, North Caroiirta 28301 910.433.3300