WQCS00166_NOV and Intent to Assess_20180529

INC
MICHAEL S.REGAN
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Water Resources LLNIDA CULPEPPER
• Er4veRor4rtEtwTAL QUALITY Interim Director
CERTIFIED MAIL:7012 3050 0001 9399 1734
RETURN RECEIPT REQUESTED
May 29, 2018
Steve Ward
Harnett County Public Utilities
700 McKinney Pkwy.
Lillington, NC 27546
SUBJECT: NOTICE OF VIOLATION &INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2018-DV-0155 RECEIVED/DENR/DWR
Sanitary Sewer Overflows - April 2018
Collection System Permit No. WQCS00166 JUN 01.21
Harnett County Collection System Water Resources
Harnett County Permitting Section
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:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
201800516 4/4/2018 180 PS #57 Pipe Failure(Break) 90,000 90,000 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.
State of North Carolina I Environmental Quality I Water Resources
225 Green Street,Suite 714,Fayetteville,NC 28301-5043
910-433-3300

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.ta 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 Hughie White or myself with the Water Quality Section
in the Fayetteville Regional Office at 910-433-3300.
Sincerely,
7,-7.4.Ax>/d/A,--
]. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office (HW) '
PERCS_Unit ',
State of North Carolina I Environmental Quality I Water Resources
225 Green Street,Suite 714,Fayetteville,NC 28301-5043
910-433-3300