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HomeMy WebLinkAboutWQCS00166_NOV-2022-DV-0294 NOI_20221019ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Certified Mail # 7020 1810 0002 1109 1919 Return Receipt Requested Steve Ward, Director of Public Utilities Harnett County PO Box 1119 Lillington, NC 27546-1119 NORTH CAROLINA Environmental Quality October 19, 2022 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2022-DV-0294 Sanitary Sewer Overflows - September 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 202201407 9/7/2022 140 161 Deep Woods Ln, Pipe Failure (Break) Cameron, NC, 28326 3,600 3,600 Notice of Violation 202201418 9/10/2022 295 413 S Denise Ave, Severe Natural Coats, NC, 27521 Condition 4,500 4,500 Notice of Violation DE 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 Number Start Duration Date (Mins) Location Cause Total Vol (Gals) Total Vol Surface Water (Gals) DWR Action 202201419 9/10/2022 330 SLS 4 455 Fleming Rd, Severe Natural Coats, NC, 27521 Condition 4,500 4,500 Notice of Violation 202201420 9/10/2022 120 1004 Leslie Campbell Ave, Lillington, NC, 27546 Severe Natural Condition 1,200 1,200 Notice of Violation 202201421 9/10/2022 370 SLS 22, 82 Towerview Severe Natural Ln, Bunnlevel, NC, Condition 28323 3,600 0 Notice of Violation 202201489 9/30/2022 330 SLS 1, 413 S Denise Ave, Coats, NC, 27521 Severe Natural Condition 7,200 7,200 Notice of Violation 202201498 9/30/2022 330 SLS 4, 455 Fleming Rd, Coats, NC, 27521 Severe Natural Condition 7,200 7,200 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. Cc: Fayetteville Regional Office - CT LD_E o.o.�•m nr�.vo�muiowu� Sincerely, DocuSiggnnedd by: _Q 5189C2D3DD5C42B... J. Trent Allen, Regional Supervisor Water Quality Regional Operations Section Fayetteville Regional Office Division of Water Resources, NCDEQ 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