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Home My WebLink AboutWQCS00007_NOV-2021-DV-0408_20210923ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Certified Mail # 7020 0090 0001 7206 4899 Return Receipt Requested Marion J Noland, Chief Operating Officer Fayetteville Public Works Commission PO Box 1089 Fayetteville, NC 28302-1089 NORTH CAROLINA Environmental Quality September 23, 2021 SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY Tracking No.: NOV-2021-DV-0408 Sanitary Sewer Overflows - August 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 202101660 8/2/2021 1,042 5245 Mawood Avenue - Other FPWC sewer main behind house crossing unnamed tributary 51,043 51,043 Notice of Violation North Carolina Department of Environmental Quality I Division of Water Resources Fayetteville Regional Office 1225 Green Street. Suite 714 I Fayetteville, North Carolina 28301 910.433.3300 Incident Start Duration Number Date (Mins) Location Cause Total Vol Total Surface Vol Water (Gals) (Gals) DWR Action 202101661 8/2/2021 492 2838 Coronada Parkway Other - FPWC sewer main behind house parallel with Blounts Creek 195,510 195,510 Notice of Violation 202101680 8/4/2021 50 424 Valmont Avenue - Roots 4,807 Notice of Violation sewer main in easement area in front of apartment building 202101685 8/5/2021 17 3234 Gables Drive - Debris in line 2,550 2,550 Notice of Violation FPWC manhole in easement area 202101729 8/10/2021 3 4013 Eastdale Drive - Other "old" overflow pipe at lift station #41 158 158 Notice of Violation 202101762 8/16/2021 37 1237 Knotty Elm Loop - Other 10 10 Notice of Violation FPWC cleanout behind curb 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 ..o.�.m nr�.vo�muiowu� Sincerely, L'�\Do-c_uS,iggnnedd 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