WQCS00179_Remission Request (DV-2022-0055)_20220721

( F,rank1in Publitie1630 US 1 N
•— ou my Youngsville, NC 27596
Phone: [phone]
A Research Triangle Region Comtlf www.tcpu.us
July 13, 2022
PERCS Branch RECEIVED
Division off Water Resources
1617 Mail Services Center JUL 21 2022
Raleigh, NC 27699-1617
Scott Vinson, Regional Supervisor NCDEQIDWRINPDES
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
3800 Barrett Drive
Raleigh, NC 27609
RE: Case No. DV-2022-0055
Dear Mr. Vinson,
Franklin County Public Utilities is in receipt of the Notice of Violation and Assessment of Civil Penalty
dated June 13, 2022. The NOV was received by my office while I was on vacation during the week of
July 4, 2022.
Franklin County Public Utilities is requesting the remission of the fine of$786.57 ($750.00 civil penalty &
$36.57 enforcement costs). Reasons are below and the required paperwork is attached.
On January 3, 2022, at 6:15 AM FCPU staff noticed overflowing untreated wastewater
flowing from the 3rd and 4'r upstream manholes to the Youngsville Regional pump
station. The overflow condition stopped at 11:45AM. FCPU staff called NC Division of
Water Resources on January 3, 2022, at 3:45 PM in report the overflow and we spoke
with Zhang Cheng. The site was visited by the ORC of the collection system on January
3, 2022. The reason of the overflow condition was unusual heavy rain (over 3"). We
monitor the weather daily, but this event spun up in our area. The daily weather did not
forecast this type of weather on the day of the event. Once the overflow condition
stopped, FCPU staff cleaned the area of any debris and put lime down to neutralize the
pH.
If you require any further information, please contact my office and speak with Payton Proctor.
Regards
4411,041641.1110
e •ohe
Public Utilities Director
CC: Payton Proctor, Superintendent Collections System
Mitch Hayes, NCDEQ Division of Water Resources
attachments

JUSTIFICATION FOR REMISSION REQUEST
Case Number: DV-2022-0055 County: Franklin
Assessed Party: Franklin County Public Utilities
Permit No.: WQCS00179 Amount Assessed: $786.57
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts"form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s)occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the
factor applies(attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
XX (b) the violator promptly abated continuing environmental damage resulting from the violation(i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
XX (c) the violation was inadvertent or a result of an accident(i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION: Attached Letter

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF FRANKLIN
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
) STIPULATION OF FACTS
Franklin County Public Utilities )
Franklin County Collection System )
)
PERMIT NO. WQCS00179 ) CASE NO. DV-2022-0055
Having been assessed civil penalties totaling$786.57 for violation(s)as set forth in the assessment document of the Division
of Water Resources dated June 13, 2022,the undersigned,desiring to seek remission of the civil penalty,does hereby waive
the right to an administrative hearing in the above-stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty(30)days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after(30)days from the receipt of the
notice of assessment.
This the 15 day of July 20 22
RECEIVED
JUL 21 2022 f 1146110, SIGNATURE
NCDEQIDWRINPDES ADDRESS
1630 US 1 N
Youngsville, NC 27596
TELEPHONE
919-556-6177