WQCS00179_NOV and Intent to Assess_2020-DV-0407_20200914

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CERTIFIED MAIL: 7017 0190 0000 9569 820
RETURN RECEIPT REQUESTED
September 14, 2020
Christopher Doherty, Director Public Utilities
Franklin County Public Utilities
1530 US Hwy 1
Youngsville, NC 27595
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0407
Sanitary Sewer Overflows - August 2020
Collection System Permit No. WQCS00179
Franklin County Collection System
Franklin County
Dear Mr. Doherty:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Reports submitted by
Franklin County Public Utilities. The Division's Raleigh Regional Office concludes that the Franklin County Public
Utilities violated Permit Condition I (2) of Permit No. WQCS00179 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 Franklin County Public Utilities an opportunity to provide evidence and
justification as to why the Franklin 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
202002371 8/15/2020
302 Lift station at
Youngsville Regional
Pump Station SE
Railroad St.
Total Vol
Total
Surface
Vol
Water
Cause (Gals)
(Gals) DWR Action
Severe Natural 20,040
10,000 Notice of Violation -
Condition
Notice of Intent
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Incident Start Duration
Number Date (Mips) Location Cause
202002373 8/15/2020 77 South Nassau Lift Severe Natural
Station Condition
202002515 8/31/2020 160 Manhole upstream of Severe Natural
the Youngsville Pump Condition
Station
Total Vol
Total Surface
Vol Water
(Gals) (Gals)
DWR Action
2,000 800 Notice of Violation
11,560 6,200 Notice of Violation -
Notice of Intent
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].
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
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