WQCS00007_NOV and Intent to Assess_20210409

ROY COOPER
Governor
DIONNE DELL[ -GATT[
Secretary
S. DANIEL SMITH
Director
Certified Mail # 7010 1870 0003 4775 0334
Return Receipt Requested
Marion J Noland, Chief Operating Officer
Fayetteville Public Works Commission
PO Box 1089
Fayetteville, NC 28302-1089
NORTH CAROLINA
Environmental Quality
April 09, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0192
Sanitary Sewer Overflows - February 2021
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:
Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202100375 2/1/2021 57 797 Conestoga Dr - Debris in line, Grease 1,710 1,556 Notice of Violation
private sewer lateral
202100398 2/3/2021 42 6105 Long Creek Court Debris in line
- FPWC cleanout access
cap behind curb
11
11 Notice of Violation
D_E
North Carolina Deportment of Environmental Quality I Division of Water Resources
Fayetteville Regional ice 1223 Green Street. Suite 7141 Fayetteville. North Carolina 28301
910.4333300

Incident Start Duration
Number Date (Mins) Location
Cause
Total Vol
Total Surface
Vol Water
(Gals) (Gals) DWR Action
202100404 2/4/2021 30 2131 Sapona Road - Other 28 28 Notice of Violation
FPWC sewer lateral
beneath drainage ditch
202100538 2/16/2021 5 4210 Cliffdale Road - Other
FPWC cleanout behind
curb
5
5 Notice of Violation
202100732 2/19/2021 26 2310 Gunston Court - Debris in line 650 650 Notice of Violation
FPWC manhole in street
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].
Cc: Fayetteville Regional Office - CT
Sincerely,
1-Doc_uSiggnnedd by: Q
5189C2D3DD5C42B...
J. Trent Allen, Regional Supervisor
Water Quality Regional Operations Section
Fayetteville Regional Office
Division of Water Resources, NCDEQ
D_E
North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1225 Cren Street. Suite Y14 I Fayetteville. North Carolina 28301
910.4333300