WQCS00007_NOV and Intent to Assess_20200923

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MICHAEL S. REGAL .�µ.
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
CERTIFIED MAIL: 7018 0040 0000 4771 7103
RETURN RECEIPT REQUESTED
September 23, 2020
Marion J Noland, Chief Operating Officer
Fayetteville Public Works Commission
PO Box 1089
Fayetteville, NC 28302-1089
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2020-DV-0429
Sanitary Sewer Overflows - August 2020
Collection System Permit No. WQCS00007
PWC/Fayetteville Collection System
Cumberland County
Dear Permittee:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
Fayetteville Public Works Commission. The Division's Fayetteville Regional Office concludes that the Fayetteville
Public Works Commission violated Permit Condition I (2) of Permit No. WQCS00007 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 Fayetteville Public Works Commission an opportunity to provide
evidence and justification as to why the Fayetteville Public Works Commission 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
202002303 8/8/2020 320 5400 Ramsey Street - Grease 48,000 48,000 Notice of Violation
FPWC manhole in
easement area
No rth Carolina Depart rnent of Envconrnental Quality I Division of Water Resources
Fay ettevifie Regionai Office 1225 Green Street, Suite 714 I Fayetteville, North Carofna 25301
914433 3390

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 [e-mail].
Sincerely,
Do-c_uS, igLned�by:
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J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
Cc: Fayetteville Regional Office - CT
North Ca rohna ❑epsrtrn nt of E nwron menta! Q ua Ry I ➢iviso n of Water Resou roes
Fayettevi!e Reg:oeal 4rf:oe 1 225 Green Street, Suite 714 1 Fsyettemi!e, North Caro!.Ds 28301